HomeMy WebLinkAboutWest Coast Underground; 2013-11-14; PWL14-21TRANPWL14-21TRAN
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
STORM DRAIN INLET INSTALLATION
This letter will serve as an agreement between West Coast Underground, a California corporation
(Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor
necessary to install one (1) 12" x 12" Brooks box with traffic rated grate to include approximately 60 linear
feet of six-inch SDR 35 PVC pipeline, work to include saw cutting installation of pipe, trench excavation,
specified compaction and repaving, also to connect six-inch SDR 35 pipeline to newly installed B-box
directly across from 2300 Ocean Street, per the Contractor's proposal dated October 9, 2013, and City
specifications, for a sum not to exceed four thousand nine hundred forty five dollars ($4,945). See Exhibit
"A". This work is to be completed within 90 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 ali 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 Risk
Manager 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, Califomia 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 ip 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, f\\,'^ ftfl V '""^ .
STORM DRAIN INLET INSTALLATION-OCEAN STREET - 1 -- City Attorney Approved 6/18/13
CONTRACT 66082
6. The Contractor hereby acknowledges that debarment by another junsdiction
Carlsbad to disqualify the Contractor from participating in contract bidding.
PWL14-21TRAN
jrounds for the City of
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7. The Contractor agrees and hereby stipulates that the proper venue and juriscMo?1^or resolution of
any disputes between the parties arising out of this agreement Is San Diego County, California.
8. 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.
9. City Contact: John Maashoff 760-434-2856
Contractor Contact: Chad Awad 858-689-7900
CONTRACTOR
WEST COAST UNDERGROUND, a California
corporation
PO Box 261108
San Diego, CA 92196-1108
Phone: 858-689-7900 Fax 858-689-7913
CITY OF CARLSBAD, a municipal corporation
of the State of California
E-maik- N/A
(print name/title)
(sign here)
(print name/title)
Assictant CityOVIafhager, Deputy Gity Managor-er
Department Director
as authorized by the City Manager
See Attachment for
Official Notarization
(Proper notanal 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. Othenft/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:
CELIA A. BREWER, City Attorney
BY:
sistant City Attori\ey
STORM DRAIN INLET INSTALLATION-OCEAN STREET - 2
CONTRACT 66082
City Attorney Approved 6/18/13
ACKNOWLEDGMENT
State of Califomia
Coimty of San Diego
On ^^^1?\,S^[^ before me, Cs^rJ/^(^^ "^^ A3(V
(iBseit name and titie of the officer)
Notary Public,
personally appeared
who proved to me on the basis of satisfactory evidence to be the pctson(»f whose naiQfi(s)-
instrumentT&e persoQ(s)for 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 Califomia that the
foregoing paragraph is trae and correct.
WITNESS my hand and official seal.
Signature (
^ ^' i ..r^ CONNIE T NGO
Commission # 1926757
Notary Public - California z
^ San Diego County -
] ^^S^*^ Mv Comm. Expires Mar 25.20151
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Optional Informadon:
Title of Docam«it: PL^V^LI^ , vQotxicjg^ i^^^KT^erz,, VVC^r^Uge^^-e-
Date of Document:
WAIVER OF NOTICE AND CONSENT
f TO THE HOLDING OF 2012 ANNUAL JOINT MEETING OF
THE SHAREHOLDERS AND BOARD OF DIRECTORS OF
WEST COAST UNDERGROUND
a California Corporation
We, the undersigned, being the Board of Directors and shareholders of WEST COAST
UNDERGROUND INC., hereby waive notice of and consent to the holding of the annual meeting
of the Boaid of Directors and Shareholders to be held at the time, on the date and at the place set
forth as follows:
TIME: 12:00 p.m.
DATE: December 30,2012
PLACE: Corporation's Office
The undersigned further requests that this waiver and consent be made a part of the Minutes of such
^ meeting for the purposes of showing that any business transacted at the meeting is as valid and legal
and has the same force and effect as though it weipii^d after notice duly given.
Date: December 30,2012
MINUTES OF THE 2012 ANNUAL JOINT MEETING OF THE
SHAREHOLDERS AND DIRECTORS
OF
WEST COAST UNDERGROUND
A regular meeting ofthe Board of Directors and Shareholders of the above corporation
was held at 12:00 p.m. on December 30,2012 at the corporation's office.
I. QUORUM. Present at the meeting was Mr. Chahed Awad, being the sole Shareholder
and Director of this Corporation and constituting a quorum thereof
IL ELECTION OF CHAIRPERSON AND SECRETARY. Director and President,
Mr. Chahed Awad acted as Chairman of the meeting, as authorized by the Bylaws ofthis
Corporation, and Mr. Chahed Awad also acted as Secretary of the meeting.
The chairman announced that the meeting was held pursuant to written waiver of notice
and consent to the holding ofthe meeting. The waiver and consent was presented to the
meeting and, on motion duly made, seconded and unanimously carried, was made a part
ofthe records and ordered inserted in the minute book immediately preceding the records
of this meeting.
IIL MINUTES. It was then moved, seconded, and unanimously resolved to dispense
with the reading of the minutes of the last meeting.
IV. ELECTION OF DIRECTORS. The matter ofthe election of Directors to serve for
the coming year was then brought before the meeting. Upon motion duly made, seconded
and unanimously carried, the following resolutions were adopted:
RESOLVED, that Mr. Chahed Awad is hereby re-elected to serve as Director of this
Corporation for a period of one (1) year, and/or until a successor is elected.
V. ELECTION OF OFFICERS. The matter ofthe election ofOfficers to serve for the
coming year was then brought before the meeting. Upon motion duly made, seconded
and unanimously carried, the following resolutions were adopted:
RESOLVED, that Mr. Chahed Awad is hereby re-elected to serve as
President, Secretary and Chief Financial Officer of this Corporation for a period
of one (1) year, and/or until a successor is elected.
VI. FINANCIAL STATEMENTS.
RESOLVED FURTHER, the financial statements of this Corporation for
the calendar year ending December 30,2012, are hereby ratified and approved.
^ VII. CHANGES TO 1099 REPORTING. In 2012 a new Federal law came into effect
\ which changes 1099 reporting. Previous rules only required businesses to submit 1099
forms for payments greater than $600, typically made to independent contractors. New
regulations will require 1099 forms for payments to most, if not all, of a business'
suppliers. Payments made to any corporation for over $600 will now require a
corresponding form. This includes items like commission^ fees, interest and payment for
property, such as construction equipment.
WHEREAS, the Board of Directors of the Corporation deems it to be in
the best interest ofthis corporation to comply with this new law at the time of
preparing its annual 1099 forms;
NOW, THEREFORE, BE IT RESOLVED, tiiat tiie Treasurer/CFO of tiie
Corporation shall ensure that the requirements of the new laws affecting 1099
reporting shall be adhered lo by the Corporation.
VIIL CORPORATION BANK CHANGE
Mr. Chahed Awad found it was the Corporation's best interest to change the bank
account:
NameofBaHk Bank Address
CHASE Mira Mesa California, #741269
NOW, THEREFORE, BE IT RESOLVED, that the above Bank Account Change is hereby
approved.
IX. EQUIPMENT PURCHASES.
Mr. Chahed Awad found it was the Corporation's best interest to purchase certain
equipment for the practice outright including the following:
Eauipmept Purchase Date Cost
2012 TOYOTA TUNDRA Loan $32,951.90
Toyota Finance services P.O. Box 5855 Carol Stream, IL. 60197-5855
NOW, THEREFORE, BE IT RESOLVED, tiiat tiie above purchases are
approved.
X. APPROVAL OF ACTIONS.
RESOLVED, that all the proceedings of tiie Board of Directors since the last
Annual Joint Meeting of tiie Shareholders and Directors, as set forth in resolutions
recorded in the Minute Book of the corporation, and all acts taken by members of tiie
Board of Directors or by Officers of tiie corporation during the past year are hereby
ratified and approved in all respects.
XI. NEXT MEETING. The next meeting ofthe Corporation will be held at a mutually
agreeable time, at the corporation's place of business.
There being no further business, the meeting was duly adjoumed.
Date: 12/30/2012
Mr. Chahed
LOCATION MAP
'!: 24" Storm Drain per Dwg 476-9 Sht. 5 & 6.-^
PONDING AREA
NOT JO SCALE
PROJECT NAME
2300 OCEAN STREET AREA DRAIN
PROJECT
NUMBER
EXHIBIT
EXHIBIT A
Iflf est Coast
Phone: (858) 689-7900
October 9. 2013
City of Carlsbad
405 Oak Street
Carlsbad, CA 92008
Attention; Transportation Dept.
P. O. Box 261108
San Diego, CA 92196-1108
License Number 792471 Class "A"
BID PROPOSAL
Fax: (858) 689-7913
Off-Site Work:
Includes: Saw Cutting, Traffic Control, ROW
Permit, and Temporary Patch
All Jobs Excludes: Paving and Haul Off
ATTENTION: Jay Jordan
REFERENCE: Ocean Strret, Carlsbad, CA
Proposal for Installation of 12" X 12" Brooks Box
QUANTITY UNIT DESCRIPTION
1 EA 12" X 12" Brooks Box w/traffic grate
65.00 $ 3,445.00 53
UNIT EXTENDED
PRICE TOTAL
$ 1,200.00 $ 1,200.00
LF 6" SDR 35 $
Work to include sawcutting, installation of pipe,
backfill, compact, & repave.
EA Connecxt to new B- Box $ 300.00 $
TOTAL AMOUNT: $
300.00
4,945.00
Respectfully Submitted,
Chad Awad
West Coast Underground