HomeMy WebLinkAboutNEWest Construction Company Inc; 2010-12-27; PWM11-18UTILCity of Carlsbad
MINOR PUBLIC WORKS CONTRACT
Project Manager: KEN BURTECH
(760) 438-2722
Mail To:
Utilities Department
Wastewater
City of Carlsbad
5950 El Camino Real
Carlsbad, California 92008
DESCRIPTION
To provide labor, material and equipment to facilitate the upgrades at the Villas Sewer Lift Station.
Saw-cut top of wet well for new hatch installation, install new 3x4 foot stainless steel wet well hatch,
install new pump guard rails, reconfigure pipes and manifolds for installation of new pumps provided
by the city. Removal of any existing piping, or parts to perform installation.
Cleanup of all material and debris at the worksite. Non-prevailing wage contract.
All to CAL OSHA permit required confined space entry procedures, trench safety requirements, work
zone protection and traffic control. Disposal of all non-reusable removed materials at an approved
facility.
See scope, Exhibit "A".
SUBJECT TO ACCEPTANCE WITHIN (90) DAYS
Name and Address of Contractor:
NEWest Construction Company, Inc.
Name
7847 Dunbrook Rd., Suite C
Address
San Diego, California 92126
City/State/Zip
858-537-0774
Telephone
-1- Revised 03/13/02
Job Quotation
ITEM NO.
1
UNIT
1
QTY
1
DESCRIPTION
Install new stainless steel hatch, installation
of pipes and manifolds for new pumps,
install new pump guardrails. Cleanup
TOTAL
TOTAL PRICE
$16,159.00
$16,159.00
Name and title a person authorized to sign contracts
Title
Date
\l\lfr\0
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).
-2-Revised 03/13/02
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
-3-Revised 03/13/02
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)
Wage Rates: Non-prevailing Wage
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 03/13/02
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 03/13/02
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.
(name of Contractor)
By:
(print name and title)
^e-mail address))
Bv:
(sign here)
(print name and title)
(address)
(city/statefeip)
(telephone no.)
(fax no.)
CITY OF CARLSBAD a municipal
corporation of the State of California:
By:
GLENN PRUIM, Utilities Director
(address)
(telephone no.)
ATTEST:
</ —-7—s^£*-Cx*2u
LORRAINE M. WOOD
City Clerk r^ r
\ (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:
RONALDJR^BALL, City Attorney
BY:
-6-Revised 03/13/02
EXHIBIT "A"
Scope of Work
• Saw cut top of existing wet well in order to install new hatch.
• Provide and install new 3'X4' stainless steel wet well hatch.
• Installation of pump guide rails (supplied by city).
• Installation of discharge piping from pumps to piping manifold.
• Removal of any existing piping or parts to perform installation.
-7- Revised 03/13/02
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of _^
On 1\£.C . 9 , ^0 1 0 beforeme,
personally appeared WJGl-
(Here insert name and title of the officer)
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. ---.*„****»*»»&*»»*
EfpL jgpETTIECOMM. #1835600
WITNESS my hand and official seal.
TEfUUMM. PIO-KWWW ip-
NOTARY PUBLIC • CAUFOfMAi
, SAN DIEGO COUNTY ~
ComriHion&vim F»b08,20131nnmvimvinnnnnAnnivuwiiwwAVvvvw^n
Signature of Notary Public (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
appeal's above in the notary section or a separate acknowledgment form must be
property 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 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 signers) who personally appear at the time of
notarization,
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/feeyr- is /aw ) 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.
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 vl2.10.07 800-873-9865 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