HomeMy WebLinkAboutNeal Electric Corporation; 2013-06-20;CARLSBAD MUNICIPAL WATER DISTRICT
MINOR PUBLIC WORKS CONTRACT
INSTALL ELECTRICAL PIPE AND WIRE FOR 3 CHRLORINE SCALES
($45,000 or Less)
This agreement is made on the _ <30-^ day of SunC^ , 20_/3, by the
City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Neal Electric
Corporation whose principal place of business is
13250 Kirkham Way, Poway, CA 92064
(hereinafter called "Contractor").
CMWD 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 furnished and agrees to complete the
Project in accordance with directions and subject to inspection approval and acceptance by: Jase
Warner. (CMWD 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.
FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to CMWD 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.
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 of the truth or falsity of the information.
The provisions of Carlsbad 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.
Page 1 of 6 General Counsel Approved 2/7/13
Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein ihg'coTTtfactor may be prevented from further bidding on
public contracts for a period of up to five years and that«ebarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractc^pr subc/ntqpck(/1\om participating in contract bidding.
Signature:
Print Name:
REQUIRED INSURANCE. The successful contractor shall provide to CMWD, a Certification of
Commercial General Liability and Property Damage Insurance 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 CMWD prior to the start of work. The minimum limits of liability insurance are to be placed
with insurers that have: (1) a rating in the most recent Best's Key Rating Guide of at least A-:V and (2) are
admitted and authorized to transact the business of insurance in the State of California by the Insurance
Commissioner.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than $500,000
Subject to the same limit for each person on account of one accident in an amount not less than
$500,000
Property damage insurance in an amount of not less than $100,000
Automobile Liability Insurance in the amount of $100,000 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 CMWD prior to such cancellation.
The policies shall name CMWD and the City of Carlsbad as additional insured.
INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify
and hold harmless CMWD and the City of Carlsbad, 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 with 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 nature of the work covered by the Contract, except for loss
or damage caused by the sole or active negligence or willful misconduct of CMWD or City of Carlsbad.
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.
Page 2 of 6 General Counsel Approved 2/7/13
CONTRACTOR'S INFORMATION.
Neal Electric Corp
(name of Contractor)
802588
(Contractor's license number)
CIO, A, B, C7 12/31/13
(license class, and exp. date)
13250 Kirkham Way
(street address)
Poway, CA 92064
(city/state/zip)
858-513--2525
(telephone no.)
858-513--9494
(fax no.)
(e-mail address)
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.
CARLSBAD MUNICIPAL WATER DISTRICT
By:
)ign here)
Daniel Zupp, President
Assistant Exocutivo Wanogor, Deputy Exjmlfyy—"^^'-yp \
Manager er Division Director as authori^g/l^ | ;§
the Executive Manager -
(print name/title)
ATTEST:
(sign here)
Steve Woodley, CFO
BARBARA ENGLESON
Secretary
(print name/title)
If required by CMWD, 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. BREVVER, General Cojjnsel
BY:
\. BREWER, General Couns(
Assistant General Coui|sel
Page 3 of 6 General Counsel Approved 2/7/13
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: 0
Page 4 of 6 General Counsel Approved 2/7/13
EXHIBIT B
(ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.)
JOB QUOTATION
ITEM
NO.
UNIT QTY DESCRIPTION PRICE
1 Ea 1 Labor to install electrical pipe and wire for 3 chlorine
scales
3,293.00
2 Ea 1 Materials to install electrical pipe and wire for 3 chlorine
scales
2,211.37
TOTAL* 5,504.37,
Includes taxes, fee's, expenses and all other costs.
Page 5 of 6 General Counsel Approved 2/7/13
NEAL ELECTRIC CORP.
PO BOX 1655
POWAY, CA 92064
Telephone: (858) 513-2525
Fax: (858)513-9382
MAY 21 2013
Invoice 58790 ^'^^^«^^R/cr
Bill to: Job: 4200315843
CARLSBAD, CITY OF CITY CARLSBAD CHLOR PUMPS
ACCOUNTS PAYABLE
1635 FARADAY AVE
CARLSBAD, CA 92008-7314 CARLSBAD, CA
Invoice #: 58790 Date: 05/13/13 Customer P.O. - CONTRACT*:
Payment Terms: NET 30 Salesperson:
Customer Code: CARLCITY
Remarks: TIME & MATERIAL BILLING NUMBER: 001
Service #69879
4/24/13, 4/25/13, 4/26/13
Pipe, wire and calibrate chlorine scales.
Work authorized by Tom P.
Quantity Description Unit Price
LABOR
MATERIALS
Extension
3,293.00
2,211.37
Subtotal:
Total:
5,504.37
5,504.37
AMOUNT:
ACCT#:.^i
APRVD:
TAXABLE: YES.
SALES TAX ON INV:
NEAL ELECTRIC CORP DBA: NEALECTRIC, IMC.
MASTER CARD, VISA & AMERICAN EXPRESS CARDS ACCEPTED - TERMS MAY APPLY
Print Date: 05/13/13 Page: 1
^ - • ^ / PO BOX 1655
POWAY, CA 92064
Telephone: (858) 513-2525
Fax: (858) 513-9382
CARLSBAD, CITY OF
ACCOUNTS PAYABLE
1635 FARADAY AVE
CARLSBAD, CA 92008-7314
Bill to:
Time -•- Materials Billing
Contract#:
Bill#: 001
Invoice date: 05/13/13
Neal Job #: 4200315843
CITY CARLSBAD CHLOR PUMPS
MERKLE PS
Page: 1
Thru date: 05/13/13
Work Performed:
Service #69879
4/24/13, 4/25/13, 4/26/13
Pipe, wire and calibrate chlorine scales.
Work authorized by Tom P.
Description Rate Hours/Qty Extension Markup Total
89.000 37.00 3,293.000 3,293.00
37.00 3,293.00 3,293.00
5.410 50.00 270.580 40.590 311.17
6.270 50.00 313.700 47.060 360.76
6.000 5.00 29.990 4.500 34.49
6.290 5.00 31.440 4.720 36.16
59.260 6.00 355.560 53.330 408.89
1.590 10.00 15.940 2.390 18.33
47.240 3.00 141.720 21.260 162.98
53.670 6.00 322.020 48.300 370.32
5.450 3.00 16.350 2.450 18.80
74.130 2.00 148.260 22.240 170.50
0.320 100.00 32.350 4.850 37 20
11.360 10.00 113.620 17.040 130.66
2.040 10.00 20.400 3.060 23.46
2.680 25.00 67.000 10.050 77.05
0.440 100.00 44.000 6.600 50.60
JALS 385.00 1,922.93 288.44 2,211.37
Subtotal: 5,504.37
LABOR
ELECTRICIAN
MATERIALS
1/2 40 MIL PVC CTD CONDUIT
3/4 40 MIL PVC CTD CONDUIT
1/2 PVC CTD COUPLING
3/4 PVC CTD COUPLING
1/2 CTD SEALTIGHT CONN
1/2 GRY UA L/T FLEX COND CTN
1/2 PVC COATED HUB
3/4 PVC COATED HUB
1/2 .25-.375 CONN
PANEL ONLY
12 THHN 19 STR CU BLK 2500 WIR
GALV SLOT CHNL
1/2 COND CLAMP SS
1/4 SS WEDGE ANCHOR
18/2 BELDEN CBL-SHIELDED
Subtotal for Cost Type: 1 LABOR
Subtotal for Cost Type: 3 MATERIALS
Invoice Total:
Retention @
Current due:
5,504.37
0.00
5,504.37
Primed hy KAB
as of 5/13/2013 at 1:47:26PM
NEAL ELECTRIC CORP DBA: NEALECTRIC, INC.
MASTER CARD, VISA & AMERICAN EXPRESS CARDS ACCEPTED - TERMS MAY APPLY I'age I
69879 SERVICE ORDER FORM
^DATE
13250 Kirkham Way
Poway, CA 92064
Phone (858) 513-2525
Fax (858) 513-9382
Lie. No. C10 802588
JOB NUMBER
CUSTOMER INFORMATION ATSO. Quote Extra
Order Taken By
Day Phone Job Complete?
(Please Check)
YES NO
Customer Authorization to Perform Work
X
Job Location/ Address (If Different) Room/Bldg ./Floor
SERVICE TECHNICIAN - DATE OF WORK AND LABOR HOURS
Name Date Reg OT Dbl-time Name Date Reg OT Dbl-time
7
6c^ -7 iM//3
"7 ATERL MISC. MATERIALS-(SEE SIDE 2 FOR ADDITIONAL MATERIALS)
Quantity Items Quantity Items
TMSS
S
3 i/z. sYhK'j^ rr/^A PUslT^
/O
flCMTALO; (Oei'jiiiop Lift, Dackhoe, Ditchwitch, Comp., Core, Etc.)
Description of Work Compieted:
PAYMENT TERMS
Credit Card (i\/l,astercard, Visa, AM Express)
#
Check/ Cash
#
Customer PO#
#
Customer Acknoy/ledgem^nt of Work Performed
X
omer Acknowieagenient oi
X
Please Print Name
WHITE - ACCOUNTING YELLOW - CUSTOMER PINK - FIELD
THIS AGREEMENT IS SUBJECT TO THE TERMS, CONDITIONS, AND LIMITATIONS ON THE REVERSE HEREOF