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HomeMy WebLinkAboutNEWest CONSTRUCTION COMPANY INC; 2010-11-08; PWM 11-17UTILCity of Carlsbad MINOR PUBLIC WORKS CONTRACT Project Manager KEN BURTECH Phone No (760) 438-2722 Wastewater City of Carlsbad 5950 El Camino Real Carlsbad, California 92008-7314 DESCRIPTION Labor, materials and equipment to Remove and replace corroded "I" beams located at 7382 Gabbiano Lane. ie. (Baquitos Lift Station). Please see scope of work exhibit "A" Contractor will be compliant in all Cal-OSHA safety regulations required with this job. Exclusion City permits, notifications of residents, surveying. Water will be provided by the city at no cost to the contractor. City will provide bypass of affluent flow if necessary. City will operate all valves if necessary. Price not to exceed $29,000.00 Project Manager: KEN BURTECH Phone No.(760) 438-2722 SUBJECT TO ACCEPTANCE WITHIN (90) DAYS Name and Address of Contractor NEWest Construction Company.lNC. Name 7847 Dunbrook Rd. Address San Diego Ca. 92126 City/State/Zip 858-537-0774 Telephone N/A E-Mail Address Name and Title of Person Authorized to sign contracts. Title Name Date JOB QUOTATION ITEM NO. 1 UNIT QTY DESCRIPTION Remove & Replace rusted "I" beam'sin him in Grand total TOTAL PRICE $29,000.00 $29,000.00 SUBMITTED BY: NEWest Construction Company, INC Company/Business Name Contractor's License Number o^. I o o o M.0--Classificfetion^s) Printed Name and Title Expiration Date Date DESIGNATION OF SUBCONTRACTORS 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 work in excess of one-half of one percent of the total bid, and the portion of the work which will be done by each sub-contractor for each subcontract. NOTE: The contractor understands that if he fails to specify a sub-contractor for any portion of the work 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 the 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." PORTION OF WORK TO BE SUBCONTRACTED Item No. Description of Work SUBCONTRACTOR* % of Total Contract Business Name and Address NONE License No., Classification & Expiration Date MBE Yes No Total % Subcontracted: * Indicate Minority Business Enterprise (MBE) of subcontractor. CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT (Less than $25,000) Labor: I propose to employ only skilled workers and to abide by all State and City of Carlsbad Ordinances governing labor, including paying the general prevailing rate of wages for each craft or type of worker needed to execute the contract. Guarantee: I guarantee all labor and materials furnished and agree to complete work in accordance with directions and subject to inspection approval and acceptance by: KEN BURTECH (project manager) The Payment of Prevailing Wages is Not Required The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. The City Manager has determined that it is not in the best interest of the city to require the payment of prevailing wages for this project. Payment of prevailing wages is at contractor's discretion. False Claims Contract 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. 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. Contractor hereby acknowledges that the filing of a false claim may be subject to the contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: Commercial General Liability, Automobile Liability and Workers' Compensation Insurance: The successful contractor shall provide to the City of Carlsbad, 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 the City 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 clause providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name 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 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 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 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: I agree to start within "^Sb working days after receipt of Notice to Proceed. Completion: I agree to complete work within \t> working days after receipt of Notice to Proceed. CONTRACTOR: \o >\ CITY OF CARLSBAD a municipal corporation of the State of California: (name of Contractor) By: \fVj\xXJ (sign here) (print name and title) By:. Utilities Director jfg/t (address) \(e-mail address)) Bv: \I\IW\ V (telephone no.) (sign here) (print name and title) ATTEST: (address) <\ ^\4oc> . (city/state/zrp)LORRAINE M. WOOD City Clerk (telephone no.) (fax no.) (e-mail address) (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 AttorneyX CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ^ On (VJ ^ ^ ) ) before me,2JCT ~"~VVrLltLk? ?TO Jl/N V" '" — (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. WITNESS my hand and official seal. (Notary Seal) 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 D D D D (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears 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 notaiy to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully 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 notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they^- is /ate) 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. •I* Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. <• 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.NotaryClasses.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 Exhibit "A" Scope of Work 1. Replacement of all support Cross beams inside the wet well located at 7382 Gabbiano Lane. 2. Supply engineering calculations and stamped detailed plans by a registered civil engineer. 3. All new beams to be made of fiberglass. 4. Reuse existing grating, replace in pre-existing location. 5. Dispose of all old beams appropriately per city specifications. 6. Grind and patch old liner, repair T lock at all existing anchor bolt locations with epoxy patching. 7. All workers to be confined space certified to perform all confined space entries per CAL OSHA standards. 8. Replace anchor bolts with new anchor bolts. 9. Work to be completed in five working days.