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HomeMy WebLinkAboutComputer Protection Technology Inc; 2019-07-08; PWL20-826GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2019-0408419 111111111111 lllll 1111111111111111111111111 lllll lllll 111111111111111111 Sep 18, 2019 11 :31 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 209-050-19-00 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on August 20, 2019. 6. The name of the contractor for such work or improvement is Computer Protection Technology, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. PWL20-826GS, Project Name: Water District Symmetra UPS Battery Module Replacement. 8. The street address of said property is 5950 El Camino Real, Carlsbad, CA 92010, in the City of Carlsbad. I, the undersigned, say: lc.·.~W,Ak~ Scott Chadwk: , City Manager VERIFICATION OF CITY CLERK I am the City Clerk of the City of C rlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on __ .,__,,......,.___.,__...,,_.CL.L..__ ___ _, 20...l!J.., accepted the above described work as completed and ordered that Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Q:\Public Works\General Services\Agreements & Contracts\Computer Protection Technology\Water District Symmetra UPS Battery Module Replacement - PWL20-826GS\NOC\2.NOC -Water District Symmetra UPS Battery Module Replacement -PWL20-826GS.docx CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Computer Protection Technology, Inc. has completed the contract work required for PWL20- 826GS -Water District Symmetra UPS Battery Module Replacement. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Remove and replace battery modules for Water. District Symmetra UPS VALUE $4,999.12 CERTIFICATION OF COMPLETION OF IMPROVEMENTS CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. /41/i-~ q.i;-,, r ¥7'scott Chadwick, Cit62nager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney Q \Public Works\General Serv,ces\Agreements & Contracts\Computer Protection Technology\Water District Symmetra UPS Battery Module Replacement -PWL20- 826GSINOC\3.API -Water District Symmetra UPS Battery Module Replacement -PWL20-826GS.docx PWL20-826GS Water District Symmetra UPS Battery Module Replacement - 1 - City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Water District Symmetra UPS Battery Module Replacement This letter will serve as an agreement between Computer Protection Technology, Inc., a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to remove and replace battery modules for Water District Symmetra UPS, per Exhibit A and City specifications, for a sum not to exceed four thousand nine hundred ninety-nine dollars and twelve cents ($4,999.12). This work is to be completed within sixty (60) working 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, officials, employees, and volunteers 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 one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Insurance is to be placed with California admitted insurers that have a current Best’s Key Rating of not less than “A-:VII”,; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 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 Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. __________ init __________ init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. _______ init _______ init 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. DocuSign Envelope ID: 09A01D7D-766F-4D4C-B6D2-4E16B647301A PWL20-826GS Water District Symmetra UPS Battery Module Replacement - 2 - City Attorney Approved 2/29/2016 8. 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. Contractor 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 work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. City Contact: Charles Balteria, 760-434-2949 Contractor Contact: Jeremy Bennett, 760-745-8562 CONTRACTOR Computer Protection Technology, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 1215 Pacific Oaks Place, Suite 106 Escondido, CA 92029 P: 760-745-8562 jbennett@cptups.com By: By: (sign here) June Murphy / Secretary Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: Dated: (sign here) Michael Murphy / President (print name/title) (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: CELIA A. BREWER, City Attorney BY: Deputy City Attorney DocuSign Envelope ID: 09A01D7D-766F-4D4C-B6D2-4E16B647301A July 8, 2019 PWL20-826GS Water District Symmetra UPS Battery Module Replacement - 3 - City Attorney Approved 2/29/2016 EXHIBIT A Water District Symmetra UPS Battery Module Replacement Contractor to provide all materials, tools and labor necessary to replace sixteen (16) Symmetra UPS battery modules # SYBTU1-PLP or equivalent at the Carlsbad Municipal Water District Building located at 5950 El Camino Real, Carlsbad CA, 92010. Scope of Work shall consist of all items mentioned in the contractor’s proposal dated February 7, 2019 and is attached to this document as Exhibit “B” and Exhibit “C”. Notes: • Contractor to remove and dispose all replaced battery modules. • Contractor to test and verify operation of system. SCOPE OF WORK AND FEE DESCRIPTION PRICE Water District Symmetra UPS Battery Module Replacement $4,999.12 TOTAL $4,999.12 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 09A01D7D-766F-4D4C-B6D2-4E16B647301A PWL20-826GS Water District Symmetra UPS Battery Module Replacement - 4 - EXHIBIT B Contractor’s Proposal DocuSign Envelope ID: 09A01D7D-766F-4D4C-B6D2-4E16B647301A PWL20-826GS Water District Symmetra UPS Battery Module Replacement - 5 - EXHIBIT C Materials DocuSign Envelope ID: 09A01D7D-766F-4D4C-B6D2-4E16B647301A PWL20-826GS Water District Symmetra UPS Battery Module Replacement - 6 - DocuSign Envelope ID: 09A01D7D-766F-4D4C-B6D2-4E16B647301A PWL20-826GS Water District Symmetra UPS Battery Module Replacement - 7 - DocuSign Envelope ID: 09A01D7D-766F-4D4C-B6D2-4E16B647301A PWL20-826GS Water District Symmetra UPS Battery Module Replacement - 8 - DocuSign Envelope ID: 09A01D7D-766F-4D4C-B6D2-4E16B647301A PWL20-826GS Water District Symmetra UPS Battery Module Replacement - 9 - DocuSign Envelope ID: 09A01D7D-766F-4D4C-B6D2-4E16B647301A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCOMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence) CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COMP/OP AGG $ $PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $AUTOS (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION$$ WC STATU-OTH-TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05) CERTIFICATE OF LIABILITY INSURANCE 4/10/2019 LAUREN MIRALLE INSURANCE AGCY INC 5411 Avenida Encinas Ste 240 Carlsbad, CA 92008 0G63234 Susan Hughes (760)496-1686 (760)496-1684 Susan@TheMiralleAgency.com Computer Protection Technology, Inc 1215 Pacific Oaks Place #106 Escondido, ca 92029 760-745-8562 Associated Industries Ins. co. 23140 FARMERS INSURANCE EXCHANGE 21652 A x x x BI/PD Deductible 5,000 X Y Y AES1085499 12/12/18 12/12/19 1,000,000 100,000 1,000 1,000,000 2,000,000 2,000,000 B x x x Y Y 01492-61-46 12/12/18 12/12/19 1,000,000 A x X EXA1055336 12/12/2018 12/12/2019 5,000,000 5,000,000 B Y A0959-73-95 11/30/18 11/30/19 X 1,000,000 1,000,000 1,000,000 CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED TO THE GENERAL LIABILITY per form CG2010 0704. Certificate holder is named addtional insured on the commercial auto. 30 day notice of cancellation per company form. Blanket Waiver of Subrogation on Workers Compensation per written contract. Primary and Non-contributory wording included per attached endorsement.Excess follows form over General Liability,auto,Employer Liability City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Susan Hughes