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HomeMy WebLinkAboutMark Beamish Waterproofing Inc; 2017-06-07; PWL17-127GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2017-0497837 111111111111 lllll 111111111111111 lllll 111111111111111111111111111111111 Oct 25, 2017 04:35 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 213-110-04-00 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 and Carlsbad Municipal Water District (CMWD), 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 Sept. 15, 2017. 6. The name of the contractor for such work or improvement is Mark Beamish Waterproofing, 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. PWL 17-127GS, Alga Norte Pool Deck Concrete Stain with Anti-Slip. 8. The street address of said property is 6565 Alicante Road in the City of Carlsbad. CITY OF CARLSBAD / CMWD City VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Ci:tttillage Drive, CarlsbtJ California, 92008; the City/Executive Manager of said City on -/ '7 , 20 ' , 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 f:tc f. / '7 , 20!.2-, at Carlsbad, California. ( C~ OF CARLffe,/CMWD , , , \_, x/(Y/cu'ill--~ 11lc 7l/4-k1r~ /p-c_ BARBARA ENGLESON ? J City Clerk Word\Masters\Forms\Notice of Completion (City) 3/9/98 CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Mark Beamish Waterproofing, Inc. has completed the contract work required for PWL 17- 127GS, Alga Norte Pool Deck Concrete Stain with Anti-Slip. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS (Specify if City or CMWD) Pool deck concrete stain with anti-slip (City) VALUE $2,500 CERTIFICATION OF COMPLETION OF IMPROVEMENTS 10-10-17 Date CITY MANAGER'S/EXECUTIVE MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk or Secretary to the Board of Directors 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 and Carlsbad Municipal Water District are hereby directed to commence maintaining the above described improvements. Kevin Cra Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By: ~ Deputy City Attorney C:\Users~gowe\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\4ZW426LL\API (002).doc PWL 17-127GS CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT ALGA NORTE POOL DECK CONCRETE STAIN WITH ANTI-SLIP This letter will serve as an agreement between Mark Beamish Waterproofing, Inc. a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to provide a large sample/mock-up concrete stain with anti-slip, per the Contractor's proposal dated May 3, 2017 and City specifications, for a sum not to exceed twenty five hundred dollars ($2,500). This work is to be completed within thirty (30) 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-:Vll"; 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 s Ject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Gover nt Cod~qr.s 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. in it ~ ~). in it 6. The Contractor hereby acknowledges that de:arment by another jurisdiction is/Jr/lmds ~r !f1Y of Carlsbad to disqualify the Contractor from participating in contract bidding . .J.4if-initc::;;~~~-mit 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. ALGA NORTE POOL DECK CONCRETE STAIN WITH ANTI-SLIP --1 --City Attorney Approved 2/29/2016 PWL 17-127GS 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 appiicable 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: Ron Haugland. 760-975-7410 Contractor Contact: Chris Lott 714-575-0018 CONTRACTOR MARK BEAMISH WATERPROOFING, INC., a California corporation 2980 E. La Jolla St. Anaheim, CA 92806 P: 714-5 -18 sign re) MAAY\ f6e~~r l~h (print name/title) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Dated: DCo. CSI· 1\ (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 ALGA NORTE POOL DECK CONCRETE STAIN WITH ANTI-SLIP --2 --City Attorney Approved 2/29/2016 CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On ___.lf{_'1"--\-/ _.__I :}-_,____ __ before me, ~~---"'-----'----'----'--~~~'----+--~ U-_f:J---=----i--=6 ~ (here insert name nd personally appeared_~~~~~~~~~~~~~~~~----------------~ 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. WITNESS my hand and official seal. Signature --~..lt4~· '-----L_~""A-===------------(Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ---------------------------~ containing ___ pages, and dated ________________________ ___ The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-Fact D Corporate Officer(s) --------------------,------------------- Title(sl D Guardian/Conservator D Partner-Limited/General D Trustee(s) D Other: ------------------------------------------------ rep resenting: ----------::---:--:---;-;:----:-::------;c--:-:c-~-;::---:-::-------:----------~ Name(s) of Person(s) or Entity(ies) Signer is Representing Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: ______________ __ Other 0 Additional Signer(s) 0 Signer(s) Thumbprint(s) D ------------------------------- ©Copyright 2007-2016 Notary Rotary, Inc. PO Box 41400, Des Moines, lA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. • . . CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof fu~ I _ft1.._[_._'1-'---'U'--L-l _____ before me, ---"~'--'----"'--t----~'---==--+-~.J<......L.__~_.__---=--On pe~onal~appeared~-~~~~~~~~~~l=~-~-·~~~~~~~~~~~~~~~~~~~~- 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. WITNESS ~nd and official seal. Signature ___,{2 __ -____,f4,_\ _ ____,~<-_________ _ (Seal) Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ------------------------------------- containing pages, and dated --------------------------------- The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-Fact D Corporate Offcer(s) ------------------~T~it~le(~s)----------------~ D Guardian/Conservator D Partner-Limited/General D Trustee(s) D Other: ------------------------------------------------ rep resenting: ----------~-cc---~-=---~-c----=-------c----------­Name(sl of Person(s) or Entity(ies) Signer is Representing Additional Information Method of Signer Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # Entry # Notary contact: ____________________ __ Other D Additional Signer(s) D Signer(s) Thumbprint(s) D --------------------- ©Copyright 2007·2016 Notary Rotary, Inc. PO Box 41400, Des Moines, lA S0311-0S07. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. r. ~ ~ May 3, 2017 MARK BEAMISH WATERPROOFING, INC. EXCEllENCE IN INSTALLING AND RESTORING WATERPROOFING, CAULKING, & COATINGS MBW#: 17-30602 PHONE: (760) 975-7410 FAX: (760) 720-9461 Exhibit "A" ATIN: Ron Haugland City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 EMAIL: ron.haugland@carlsbadca.gov BID PROPOSAL/CONTRACT Alga Norte Pool Deck -Sample Only 6565 Alicante Road Carlsbad, CA 92009 @ CONCRETESTAIN 1. Sample Onlv: ***PREVAILING WAGE*** MBW proposes to provide a large sample/ mock-up at pool deck. Sample to match as close as possible to existing stain using (2) colors, blue and green. Product to be determined by MBW. MBW will require the City of Carlsbad to provide an independent slip test to be done using this sample. The City of Carlsbad to pay for and schedule the testing. INITIAL BELOW To APPROVE Concrete Stain Base Bid Total: $2,500.00 NOTE Above work figured for ( 1 ) move-in(s), $1,050.00 for each additional. WORK Furnish and install specified scope(s) listed above to the above areas per manufacture~s recommended application procedures. EXCLUSIONS J DISCLAIMERS Acceptance of this bid proposal1s conditioned upon the following: Concrete Stain: Grinding or polish of existing slab, joint filler, saw cutting or re-saw cutting of slab are all excluded. Temporary protection of installed materials excluded. Please note: Mottling and wide variations in color and intensity will usually occur. The color obtained and the depth of penetration is not predictable, and it is not possible to successfully stain some concrete surfaces even when enhancers are used. If contaminants remain on the surface, the penetration of the stain may be blocked. Some concrete surfaces may lack the ingredients necessary for reaction with the stain. Concrete from different pours and in patched areas may appear significantly different in color when stained from that in adjacent areas. A minimum of $950 may be charged for any samples or mock-ups unless noted otherwise above. Please note also: All decisions regarding color selection must be approved, in writing, by the Project Manager. Additional: • Shop drawings, pem1its and all items that are not included above are also excluded. • MBW can provide additional insured endorsement forms IB.EX.070 (09/09) and IB.EX.069 (09/09), but we cannot provide other All fom1s such as CG 2010 (11/85). • These inclusions and exclusions are made part of our contract with you. AZ LICENSE • R0Cl25296 • CA LICENSE,. 6503~6 -NY liCENSf IT 39631 2980 EAST LA jOLLA ST. ANAHEIM, CA 92806 1 of 2 1': IOO.IIU.MISII >0: 7a:~n.oo•a f: 11•i~1Hl07