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HomeMy WebLinkAboutNewest Construction Company Inc; 2011-03-01; PWM11-27UTILPWM11-27UTIL City of Carlsbad MINOR PUBLIC WORKS PROJECT Contract Project Manager: KEN BURTECH Date: \Vfc-tbV<LO\\ (760) 438-2722 Mail To: Purchasing Department City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008-7314 Award will be made to the lowest responsive, responsible contractor based on total price. DESCRIPTION Labor, materials and equipment to sawcut existing concrete and to purchase and install new 48 inch stainless steel entry hatch at Simsbury Lift Station on Tamarack. Core cut concrete for new opening for existing power cables and to disconnect and reconnect existing power cables. Test all new installations. See Exhibit "A", scope with price. All work to be done to Cal OSHA standards. Work to be done within five working days. Not to exceed $8,192.00. SUBJECT TO ACCEPTANCE WITHIN (90) DAYS Name and Address of Contractor NEWest Construction Company, Inc. 858-537-0774 Name Telephone 7847 Dunbrook Road, Suite C N/A Address Fax San Diego, CA 92126 N/A City/State/Zip E-Mail Address -1 - Revised 09/01/09 Name and Title of Person Authorized to sign contracts. Name Title Date Job Quotation ITEM NO. 1 UNIT 1 QTY 1 DESCRIPTION Purchase and install new stainless steel 48 inch entry hatch at Simsbury Lift Station on Tamarack. Total TOTAL PRICE $8,192.00 $8,192.00 SUBMITTED BY: NEWest Construction Company, Inc. Company/Business Name Printed Name and Title # 847555 Contractor's License Number Classification(s) Date N Expiration Da\e -2-Revised 09/01/09 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: 0 * Indicate Minority Business Enterprise (MBE) of subcontractor. -3-Revised 09/01/09 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT (Less than $30,000) Labor: I propose to employ only skilled workers and to abide by all State and City of Carlsbad Ordinances governing labor. 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. 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: -4- Revised 09/01/09 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. - 5 - Revised 09/01/09 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 working days after receipt of Notice to Proceed. Completion: I agree to complete work within working days after receipt of Notice to Proceed. CONTRACTOR: NEWest Construction Company, Inc. CITY OF CARLSBAD a municipal corporation of the State of California: Bv: (name of Contractor) > V (e-mail address)) Bv: \j\f\)Jl> By:. Utilities Director Utilities. 5950 El Camino Real. Carlsbad. CA 92008 (address) 760-438-2722 (telephone no.) ATTEST: (address) (city/state/zip^J&s^fcjl LORRAINE M. WOOD ~7f' City Clerk U (telephone no.) (fax no.) tv\ l;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 puty City Attorney -6-Revised 09/01/09 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 18:12 85853 EXHIBIT A PAGE 32/02 NCC fesf CONSTRUCTION COMPANY, INC 7847 DunbrookRoad See "C" San Di*go, CA 9212(5 Lie #847555 Pb. 858-537-0774 Scope Letter 12/20/2010 KLEN, WE ARE PLEASE TO PROVIDE THE FOLLOWING SERVICES FOR THE TAMARACK LIFT STATION INSTALLATION OF NEW HATCH IN EXISTING LEFT STA - S I LS. MOBILIZATION 1 LS SAWCUT EXISTING CONCRETE I LS INSTALL NEW HATCH 1 LS INSTALL NEW OPENNING FOR EXISTING POWER CABLES I LS DISCONNECT AND RECONNECT POWER CABLES, 1 LS CLEANUP COST FOR ABOVE $8,192 DOLLARS * ESTIMATE BASE ON NORMAL WORKING HOURS * THIS IS AN ESTIMATE BASED ONLY ON VERBAL DESCRIPTION OF WORK AND ABOVE SCOPE, CHANGES IN THE SCOPE WILL BE RESOLVED ON A TIME ANP MATERIAL BASIS * PRtCES SHOWN ARE FIRM FOR ACCEPTANCE WITHIN 30 PAYS. EXCLUSIONS CITY OF CARLSBAD PERMITS AND FEES, BONDING, SWJ>P, RESIDENTAL NOTIFICATIONS, ENGINEERING AND SURVEYING.IF PERMITS REQUIRED THEY WILL BE SUPPLIED BV OWNER. WATER IF NEED WILL BE PROVIDED BY THE CITY AT NO COST TO THE CONTRACTOR TEMPOARV BY-PASS TESTING, REMOVAL AND DISPOSAL OF HAZARDOUS MATERIALS CITY WILL OPERATE ALL VALVES TO ISOLATE THE SYSTEM FOR SAFETY.