HomeMy WebLinkAboutNEWEST CONSTRUCTION CO; 2011-03-14; PWL11-33UTILPWL11-33UTIL
PUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between NEWest Construction Company, Inc., a
(Contractor) and the City of Carlsbad (City). The
Contractor will provide all equipment, material and labor necessary to complete an emergency
installation of a 2 inch PVC highline with pressure reducer at the Buena Vista Lift Station at the
intersection of Jefferson Street and Marron Road, per the Contractor's proposal/invoice dated
January 27, 2011 and City specifications, for a sum not to exceed Three Thousand Three
Hundred Eighty dollars ($3,380.00). This work is to be completed within three [working] days
after issuance of a Purchase Order.
ADDITIONAL REQUIREMENTS
1 . City of Carlsbad Business License
2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless the City, and its agents, 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 this Contract or work; or from any failure or alleged failure
of the contractor to comply with any applicable law, rules or regulations including those
relating to safety and health; except for loss or damage which was caused solely by the active
negligence of the City; and from any and all claims, loss, damage, injury and liability,
howsoever the same may be caused, resulting directly or indirectly from the nature of the
work covered by this Contract, unless the loss or damage was caused solely by the active
negligence of the City. The expenses of defense include all costs and expenses, including
attorney's fees for litigation, arbitration, or other dispute resolution method.
3. Contractor shall furnish policies of general liability insurance, automobile liability insurance
and a combined policy of workers compensation and employer's liability in an insurable
amount of not less than five hundred thousand dollars ($500,000) each, unless a lower
amount is approved by the City Attorney or the City Manager. Said policies shall name the
City of Carlsbad as a co-insured or additional insured. Insurance is 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. Proof of all such insurance shall be given by filing certificates of
insurance with contracting department prior to the signing of the contract by the City.
4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues,
Ordinances and Regulations, including Workers Compensation laws (Division 4, California
Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101
through 1525), to include but not limited to, verifying the eligibility for employment of ail
agents, employees, subcontractors and consultants that are included in this Contract.
5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the
California False Claims Act, Government Code sections 12650, et seq.. and Carlsbad
Municipal Code Sections 3.32.025, et seq. AA^ init _ init
6, The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor from participating in contract bidding.
init _ init
Revised 9/28/00
7. 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.
8. 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 the
Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of
the California Labor code, a current copy of 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 the execution
of the contract.
TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW
AND RETURN TO:
Don Wasko Utilities 5950 El Camino Real Carlsbad, CA 92008
(Project Mgr) (Department) (Address)
NEWest Construction Company. Inc.
(Name of Contractor) (Contractor's License Number)
(Sign Here)\ "^ (Print Name and Title)
.
\ (E-mail Address)
By:.'
(Print Name and Title)
* Department Head Date
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. 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:
RONALD R. BALL, City Attorney
BY:
Deputy City Attorney
*
- 2 -- Revised 9/28/00
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of c J\ r\ i!\\ e (1 r>
On before me, lLfl£ \44^ --
(Here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
SS my hand and official seal COMM. #1835600
NOTARY PUBLIC • CAUFOWiA
SAN DEGO COUNTYConmiHionExpJiM Fab 06,2013
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
D Individual (s)
D Corporate Officer
n
D
aa
(Title)
Partner(s)
Attorney-in-Fact
Trustee(s)
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California mtist contain verbiage exactly as
appeal's above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notaiy in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefiilly for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarizatioa
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e
fee/she/tbey^- is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form
• Signature of the notary public must match the signature on file with the office of
the county clerk.
<• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
•J* Indicate title or type of attached document, number of pages and date
* Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e CEO, CFO, Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v!2.10.07 800-873-9865 www.NotaryCIasses.com
NEWest Construction Co Inc.
Special Meeting of the Board of Directors
June 22, 2009
Opening:
A Special Meeting of the Board of Directors was called today, June 22,2009, for the
express purpose of restating the authority of Mark Jennette, President, to enter into
contracts and have general supervision, direction and control of the business and affairs
of the corporation.
Present:
John P. Ryan and Christine Davidson were present at the Rockland, MA office. Mark
Jennette attended the meeting via telephone from the San Diego office. Kathleen Ryan
did not attend.
A. Issue
A prequalification form requests a copy of minutes that enable Mark Jennette to bind the
corporation into legal contracts. This special meeting was called for the express purpose
of documenting the rights of Mark Jennette to enter into contracts, bind the corporation
and have the general powers and duties of management usually vested in the office of
President of a corporation.
The above is acknowledged to be true by the Board of Directors of Newest Construction
Co Inc.
Meeting was adjourned at 1:30 by John P. Ryan.
Minutes submitted by: Christine Davidson, Treasurer/Secretary
Approved by: Christine Davidson, Treasurer/Secretary
rest
CONSTSUCTISH COMPANY, INf
7847 Dunbrook Road Ste "C" San Diego, CA 92126 Lie #847555
INVOICE #1103
Ph. 858-537-0774
Bill City of Carlsbad
To: 1635 Faraday Avenue
Carlsbad, CA 92008
Ship City of Carlsbad
To Don Wasko
5950 El Camino Real
Carlsbad, CA 92008
Date: January 27, 2011
1 Service to install 2" PVC Emergency Highline w/ Pressure Reducer
(a). Intersection of Jefferson and Marron Street.
Total Amt Due $3,380.00
Net 30
BEST
COPY
NEWest Construction Co Inc.
Special Meeting of the Board of Directors
June 22, 2009
Opening:
A Special Meeting of the Board of Directors was called today, June 22, 2009, for the
express purpose of restating the authority of Mark Jennette, President, to enter into
contracts and have general supervision, direction and control of the business and affairs
of the corporation.
Present:
John P. Ryan and Christine Davidson were present at the Rockland, MA office. Mark
Jennette attended the meeting via telephone from the San Diego office. Kathleen Ryan
did not attend.
A. Issue
A prequalification form requests a copy of minutes that enable Mark Jennette to bind the
corporation into legal contracts. This special meeting was called for the express purpose
of documenting the rights of Mark Jennette to enter into contracts, bind the corporation
and have the general powers and duties of management usually vested in the office of
President of a corporation.
The above is acknowledged to be true by the Board of Directors of Newest Construction
Co Inc.
Meeting was adjourned at 1:30 by John P. Ryan.
Minutes submitted by: Christine Davidson, Treasurer/Secretary
Approved by: Christine Davidson, Treasurer/Secretary