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HomeMy WebLinkAboutNeal Electric Corporation dba Nealectric Inc; 2015-09-03; PWM16-14UTILPWM16-14UTIL CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ODOR SCRUBBER ELECTRIC SERVICE This agreement is made on the day ^^^f//^^A^ ^ 2015, by the City of Carisbad, California, a municipal corporation, (hereinaTOrcalled City''), and Neal Electric Corporation dba Nealectric Inc., a California corporation, whose principal place of business is located at 13250 Kirkham Way, Poway, CA 92064 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials fumished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Jesse Castaneda (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. The contractor to whom the contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. ODOR SCRUBBER ELECTRIC SERVICE; CONT. NO 55011 Page 1 of 6 City Attorney Approved 4/11/15 PWM16-14UTIL Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard ofthe truth or falsity ofthe information. The provisions of Carisbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filirj0--©**a false claim may subject the Contractor to an administrative debarment proceeding whereipHhe contr^orjuay be prevented from further bidding on public contracts for a period of up to five yeets and that^Jebernwit by another jurisdiction is grounds for the City of Carisbad to disqualify the Contractor or subcpntraiitor fnDjn participating in contract bidding. Signature: Print Name: Vdn 'iel/Z.^ REQUIRED INSUFIANCE. The successful contractor shall provide to/he City of Carlsbad, a Certification of Commercial General Liability and Property Damage RtSnraflce and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with insurers that have a current Best's Key Rating of not less than "A-:Vir'; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarteriy listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than $1,000,000 Property damage insurance in an amount of not less than $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carisbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection witti the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the ODOR SCRUBBER ELECTRIC SERVICE; CONT. NO 55011 Page 2 of 6 City Attorney Approved 4/11/15 PWM16-14UTIL nature of the work covered by the Contract, except for ioss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete wori< within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. NEAL ELECTRIC CORPORATION dba NEALECTRIC INC. (name of Contractor) 802588 (Contractor's license number) A, B, C-7, CIO -12/31/2015 (license class, and exp. date) 13250 KIRKHAM WAY (street address) POWAY, CA 92064 (city/state/zip) 858-513-2525 (telephone no.) 858-513-9499 (fax no.) sschemmel@nealelectric.com (e-mail address) /// /// /// /// /// /// /// /// /// /// /// /// /// /// ODOR SCRUBBER ELECTRIC SERVICE; CONT. NO 55011 Page 3 of 6 City Attorney Approved 4/11/15 !heck A License - License Detail - Contractors State License Board Page 1 of Contractor's License Detail for License # 802588 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. Business Information NEAL ELECTRIC CORP dba NEALECTRIC INC P O BOX 1655 POWAY, CA 92074 Business Phone Number:(858) 513-2525 Entity Corporation Issue Date 12/27/2001 Expire Date 12/31/2015 License Status This license is current and active. M\ information below should be reviewed. Classifications CIO - ELECTRICAL A - GENERAL ENGINEERING CONTRACTOR B - GENERAL BUILDING CONTRACTOR C-7 - LOW VOLTAGE SYSTEMS Bonding Information Contractor's Bond rhis license filed a Contractor's Bond with FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Jond Number: LPM893822200 Bond Ainount: $12,500 Effective Date: 12/31/2009 ^Contractor's Bond History Bond of Qualifying Individual rhis license filed Bond of Qualifying Individual number LPM7627101 for PASSANISI SEBASTIAN JOHN in the amount of $12,500 vith FIDELITY AND DEPOSIT COMPANY OF MARYLAND. Effective Date: 12/16/2011 Workers' Compensation rhis license has workers compensation insurance with the STARR INDEMNITY & LIABILITY COMPANY 'olicy Number:1000001270 Effective Date: 10/31/2013 Expire Date: 10/31/2015 ferkers' Compensation History Other ttps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=802588 8/24/201 Califomia Department oflndustrial Relations - Contact DIR Page 1 of 1 Home Labor LavK Cal/OSHA Safety & Health Workers'Comp Seif Insurance Apprenticeship Director's Office Boards Public Works Public Works Contractor (PWC) Registration Search Current Fiscal Year: 2016 .'"s This Is a listing of current and active PWC registrations pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720 of the California Labor Code.) Enter at least one searcli criteria to display active registered public works contractor(s) matching your selections. Registration Year: PWC Registration Number: Contractor Legal Name: License Number: Contractor License Lookup 1802588 County: Select County Search Reset Search Results One registered contractor found. 1 Details Legai Name View I NEAL ELECTRIC CORP i Registration County City i Number : 1000000327 1 SAN DIEGO ^ POWAY Export as: Excel | PDF Registration i Expiration Dats Date : 06/02/2015 | 06/30/2016 \ v2.20150806c About DIR Who we are DIR Divisions, Boards & Commissions Contact DIR Work with Us Licensing, registrations, certifications & permits Notification of activies Public Records Act Learn More Site Map Frequently Asked Questions Jobs at DIR Conditions of Use ' Privacy Policy , Disclaimer : Disability accommodation ; Site Help Copyright <B 2015 State of California https://efiling.dir.ca.gov/PWCR/Search.action 8/24/2015 PWM16-14UTIL AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR NEAL ELECTRIC CORPORATION dba,NEALEP7RIC INC., a California ccpporation Sam Passanisi / Assistant Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Patrick A. as authorize^ c Works Director he City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City nev Assistant City Attorney ODOR SCRUBBER ELECTRIC SERVICE; CONT. NO 55011 Page 4 of 6 City Attorney Approved 4/11 /15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California County of San Dieeo On i-^lH<^ before me, Dana Rasmussen. Notarv Public Date ' f n Here Insert Name and Titlpof the Offieer personally appeared UdA}l-€-' ZjJlOf Ayf^A_ >3^M PdS^O^S'/ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is7are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in |:iis/her/their authorized capacity(ies), and that by Ws/ber/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 5 t DANA RASMUSSEN Commission # 1975985 Notary Public - California i ^mc^ San Diego County g """^ My Comm. Expires Apr 22,2016 L I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deteralteration ofthe document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner - • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name:. • Corporate Officer — Title(s): • Partner - • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PWM16-14UTIL EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract Total % Subcontracted: ODOR SCRUBBER ELECTRIC SERVICE; CONT. NO 55011 Page 5 of 6 City Attorney Approved 4/11/15 EXHIBIT B JOB QUOTATION PWM16-14UTIL ITEM NO. UNIT QTY DESCRIPTION PRICE 1 1 1 Installation of Electrical Parking Lot Scrubber at Lowes $3,450 See attachment - Exhibit "B" TOTAL* $3,450 *lncludes taxes, fee's, expenses and all other costs. ODOR SCRUBBER ELECTRIC SERVICE; CONT. NO 55011 Page 6 of 6 City Attorney Approved 4/11/15 Exhibit "B" Providing Electricai Se/v/ces^ Date 6-22-15 "Revision 0" Re: City of Carlsbad Lowes Parking lot Scrubber - Electrical Proposal Bid Date: 6-22-15 Attention: Mark Biskup We are pleased to present our proposal on the referenced project. Our quotation includes all labor, tools, mataial, and applicable taxes required for a complete electrical installation. It is based on the following: Provide and install 100 amp 3 phase 12 slot panel with 25 ft. of 1 VA EMT, 4 ea. 1 EMT Conn; 1 V* EMT Couplings; 2 1 Uni Strut Straps; 100 amp Terminal Block 208VoIt 2ea. # 2 lugs; 2 pole stab-in breaker, 3ea. 100 amp short fuses; 20 amp simple pole breaker and misc. materials as needed for service to sewer odor control unit. Cost also includes Truck and Small tools. Material is wholesale pricing marked up 5 % overhead and 10% profit. "Cost not to exceed: $ 3,450.00 Clarifications: 1. The correctness and completeness of the contract documents is the sole responsibility of those who have prepared them. This proposal covers only that work that is adequately shown, described and/or detailed in the above referenced contract documents. 2. Neal Electric Corporation has been certified as a Minority Business Enterprise (MBE). Certification available upon request. Exclusions: 1. Sales Tax Increases (our price is based iqwn sales tax of 8.75%) 2. City and regulatory permits and fees 3. Temporary power and lighting 4. Premium portion of overtime 5. Payment and performance bond This quotation is valid for (60) days from the above date. San Dlego»13250 Kirkham Way • Poway • CA • 92064 • 858-513-2525 • F/WC 858-513-9499 •www.nealelectric.com • License C10-802588 Providina Electrical Services We thank you for the opportunity to assist you on this project and hope that you will favor us with this work. As always, your telephone inquiries will yield a prompt response. Sincerely, Neal Ell 3tt Sdk Estimator Estimate File number 4300519297 Form date 7/15/08 San Diego»132S0 Kirkham Way • Poway • CA • 92064 • 858-513-2525 • FfiX 858-513-9499 •www.neaieiectric.com • License C10-802588