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HomeMy WebLinkAboutComputer Protection Technology Inc; 2019-07-10; PWM20-829GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2020-0004507 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Jan 06, 2020 11 :22 AM OFFICIAL RECORDS Ernest J Dronen burg, 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: 156-180-46-00 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 Dec. 13, 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. PWM20-829GS, Project Name: City Hall UPS Replacement. 8. The street address of said property is 1200 Carlsbad Village Drive, Carlsbad, CA 92008, in the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on December 3/sf , 20_.!_J_, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on De:cc()ibtr 315-J , 2ojJ_, at Carlsbad, California. Q:\Public Works\General Services\Agreements & Contracts\Computer Protection Technology\City Hall UPS Replacement -PWM20-829GS\4. NOC\2.NOC - City Hall UPS Replacement -PWM20-829GS.docx CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Computer Protection Technology, Inc. has completed the contract work required for PWM20- 829GS -City Hall UPS Replacement. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Remove and replace City Hall UPS unit with new Mitsubishi 11 00A UPS. VALUE $23,344.13 CERTIFICATION OF COMPLETION OF IMPROVEMENTS John MaM~.,A~anager 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. Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By: c__f<__x_ / Deputy City Attorney () Q \Public Works\General Services\Agreements & Contracts\Computer Protection Technology\City Hall UPS Replacement -PWM20-829GS\4. NOC\3.API -City Hall UPS Replacement -PWM20-829GS.docx Tracking #: PWM20-829GS City Hall UPS Replacement; Cont. No. 4723 Page 1 of 9 City Attorney Approved 1/25/19 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CITY HALL UPS REPLACEMENT; CONT. NO. 4723 This agreement is made on the ______________ day of _________________________, 2019, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Computer Protection Technology, Inc., a California corporation whose principal place of business is 1215 Pacific Oaks Place, Suite 106, Escondido, CA 92029 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Charles Balteria (City Project Manager). WAGE RATES. 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the 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 execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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. DocuSign Envelope ID: F6660CEC-9ADC-4D7C-B353-D687CFCC94CD 10th July Tracking #: PWM20-829GS City Hall UPS Replacement; Cont. No. 4723 Page 2 of 9 City Attorney Approved 1/25/19 FALSE CLAIMS. Contractor 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 subject 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: _Michael Murphy_____________________ REQUIRED 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 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. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 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 clauses 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 an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. DocuSign Envelope ID: F6660CEC-9ADC-4D7C-B353-D687CFCC94CD Tracking #: PWM20-829GS City Hall UPS Replacement; Cont. No. 4723 Page 3 of 9 City Attorney Approved 1/25/19 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: Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Computer Protection Technology, Inc. 1215 Pacific Oaks Place, Suite 106 (name of Contractor) Not Required (street address) Escondido, CA 92029 (Contractor’s license number) NA NA (city/state/zip) 760-745-8562 (license class. and exp. date) 1000017263 (telephone no.) (DIR registration number) 6/30/20 (fax no.) smurphy@cptups.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: F6660CEC-9ADC-4D7C-B353-D687CFCC94CD Tracking #: PWM20-829GS City Hall UPS Replacement; Cont. No. 4723 Page 4 of 9 City Attorney Approved 1/25/19 AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR COMPUTER PROTECTION TECHNOLOGY, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Michael Murphy, President Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) June Murphy, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer 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: F6660CEC-9ADC-4D7C-B353-D687CFCC94CD Tracking #: PWM20-829GS City Hall UPS Replacement; Cont. No. 4723 Page 5 of 9 City Attorney Approved 1/25/19 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR 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 Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project 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 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." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: ____________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces DocuSign Envelope ID: F6660CEC-9ADC-4D7C-B353-D687CFCC94CD 10000003284572Berg Electric 21 C10-85046 2/28/20 21 Tracking #: PWM20-829GS City Hall UPS Replacement; Cont. No. 4723 Page 6 of 9 City Attorney Approved 1/25/19 EXHIBIT B City Hall UPS Replacement Contractor to provide all materials, tools and labor necessary to replace City Hall UPS with a new Mitsubishi 10kVA 11000 Services UPS #M1100A-A-10-208-A06-UD100350G01 and a new Mitsubishi 1100A Series External Wall-Mount Bypass Switch #UD100105-20S3ENN0 at the City Hall Complex located at 1200 Carlsbad Village Drive, Carlsbad CA, 92008. Scope of Work shall consist of all items mentioned in the contractor’s proposal dated April 22, 2019 and is attached to this document as Exhibit “C” and Exhibit “D”. Notes: • Contractor to remove and dispose all replaced equipment. • Contractor to test and verify operation of system. • Contractor to provide electrical installation to accommodate a 20kVA system to allow for a potential upgrade in the future. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 City Hall UPS Replacement $23,344.13 TOTAL* $23,344.13 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: F6660CEC-9ADC-4D7C-B353-D687CFCC94CD City Hall UPS Replacement; Cont. No. 4723 Page 7 of 9 City Attorney Approved 1/25/19 EXHIBIT C DocuSign Envelope ID: F6660CEC-9ADC-4D7C-B353-D687CFCC94CD City Hall UPS Replacement; Cont. No. 4723 Page 8 of 9 City Attorney Approved 1/25/19 EXHIBIT D Materials DocuSign Envelope ID: F6660CEC-9ADC-4D7C-B353-D687CFCC94CD City Hall UPS Replacement; Cont. No. 4723 Page 9 of 9 City Attorney Approved 1/25/19 DocuSign Envelope ID: F6660CEC-9ADC-4D7C-B353-D687CFCC94CD 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