HomeMy WebLinkAboutNEWest Construction Co; 2012-12-12; PWL13-21UTILPWL13-21 UTIL
PUBLIC WORKS
LETTER OF AGREEMENT
This letter will serve as an agreement between NEWest Construction Company, Inc., a General
Class A' (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment,
material and labor necessary to install stainless steel brackets to hold conduit pipe to wet well
wall, per the Contractor's proposal dated November 6, 2012, and City specifications, for a sum
not to exceed three thousand six hundred eighty two dollars ($3,682). This work is to be
completed within ten (10) [working] days after issuance of a Purchase Order.
See Exhibit A.
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 employers 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 all
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 Cod€^.sections 1265QLi;et seq.. and Carlsbad
Municipal Code Sections 3.32.025, et seq. J^A2i_init init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is groundsfor
the City ^X>arlsbad to disqualify the Contractor from participating in contract bidding. V\\AT
init fyf^ init
~ 1 ~ 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.
B. 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:
Ken Burtech Utilities
(Project Mgr) (Department)
5950 El Camino Real Carlsbad. CA 92008
(Address)
NEWest Construction Companv. Inc.
(Name of Contractor)
847555
(Contractor's License Number)
(Print Name and Title)
^ (E-mail Address)
(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. OthenA/ise, 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
EXHIBIT A
Cost Proposal City of Carlsbad Public Works
DESCRIPTION Carlsbad, CA
Request for Proposal
A dded Brackets for probe in wetwell - rc
PRIME CONTRACTOR
Cannon ai id Polntsetta lift Sta.
1 MATERIALS $300
2 SALES TAX 7.75% $23
3 LABOR $1,728
4 PAYROLL TAXES AND INSURANCE 38.15% $659
5 EQUIPMENT $460
6 SALES TAX 7.75% $36
7 SUB-TOTAL $3,206
8 FIELD OVERHEAD
9 SUBTOTAL $3,206
10 SUBCONTRACTOR TOTAL $0
11 MARKUP SUMMARY
12 LABOR MARKUP 15% $358
13 EQUIPMENT MARKUP 15% $69
14 MATERIAL MARKUP 15% $48
15 SUBCONTRACTOR MARKUP 15% $0
16 SUB-TOTAL $3,682
17 BOND PREMIUM $0
18 TOTAL $3,682
Time Extension Request
SIGNATU RE
DATE 11/6/2012 Mark Jennette
Project Manager
NEWest Construction Company
7847 Dunbrook Rd.
Suite C
San Diego, CA 92126
CALIFORNIA ALL-PURPOSE ACKNOWLEi>GMENT
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State of Califomia 1
County of (^/^ ^ J
ss.
On
Date )
me,
personally appeared
Name and Title of Officer (e.g., "Jane Doe, l*5tary Public')
7\ Namets) of Sianerls)
rwmrm/J 8ANDIE00C0UWTY, \
Place Notary Seal Atx>ve
Name(s) of Signer(s)
personally known to me
[I 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.
WITNBSS my han J^n/sl official seal.
Signatur ignature/6f Notary Public
OPTIONAL
Though the infonnation below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ^ ———
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer
Signer's Name:
G Individual
• Corporate Officer — Title(s):
• Partner — • Limited • General
• Attomey in Fact
• Trustee
• Guardian or Conservator
• Other:
RIGHT THUME5PRINT
Of- SIGNER
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Signer Is Representing:
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01999 National Notary Association • 9350 De Solo Ave.. P.O. Box 2402 • Chats«»ofth, CA 91313-2402 • www.nalionalnotaiy.ofB Prod. No. 5907 Reorder. CaH Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of Califomia
County of {^^X^
On
} ss.
fore me.
Name and Title of OfTicer (e.g., "Jane Doe. Notary Public')
personally appeared
* A^^K COMM.#1835600 J
NOTARY PUBUC • CALIFOfVIIA g
» vwi^v/ SANDEGOCOUNTY
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wimMiwvwvuwmANvimmmAMMiMmAA^^
Name(s) of Signer(s)
Z personally known to me
[I 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.
Place Notary Seal Above
OPTIONAL
Though ttie information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another 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
Signer's Name:
G Individual
C Corporate Officer — Title(s):
C Partner — G Limited G General
G Attomey in Fact
G Trustee
G Guardian or Conservator
G Other:
RIGHT THUMBPRINT
OF SIGNLR
Top of thunnb here
Signer Is Representing:
01999 Natenal Notaiy Association • 9350 De Soto Ave.. PO. Box 2402 • Chatswont), CA 91313-2402 • www.nalionalnolaiy.org Prod. No. 5907 Reorder CaH Toll-Free 1-800-876-6827