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HomeMy WebLinkAboutPalm Engineering Construction Company Inc; 2015-12-17; PWM16-35TRANRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2016-0209568 I llllll lllll lllll lllll l/1111111111111111111111111111111111111111111111 May 03, 2016 04:30 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: n/a NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is 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 March 14, 2016. 6. The name of the contractor for such work or improvement is Palm Engineering Construction Company, 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. 6322 (PWM16-35TRAN), Grand Avenue Pedestrian Enhancement (Carlsbad by the Sea). 8. The street address of said property is on Grand Avenue in the City of Carlsbad. City Engi9ee~:,,/ 1 [.,,"' 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 A:f)Bi\ 1:k , 2o___llz_, 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 6lr1 ) ;2 f , 20 /~ , at Carlsbad, California. CITY. OF CARLSBAD ~ c~ 'I '"'1'.a 1_,,hi.A,,P~c;7 ~ (,~ L~ARBARA ENGLESO .,_,, City Clerk Word\Masters\Forms\Notice of Completion (City) 3/9/98 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for Project No. 6322 (PWM16-35TRAN), Grand Avenue Pedestrian Enhancement (Carlsbad by the Sea), and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Street Striping $10,758 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS &)'' 'i ) ,,/' .,,'"-""-l < Mi,/~/~----«Jf.:b4L1t.~)tb Js:1i;1.,-Public wc::Jrector Date '/ / . CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described public improvements 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. APPROVED AS TO FORM: CELIA BREWER, City Attorney By:~ Assistant City Attorney };qut:J Word\Masters\Forms\Acceptance of Public Improvements (City) 3/9/98 PWM16-35TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT GRAND AVENUE PEDESTRIAN ENHANCEMENT (CARLSBAD BY THE SEA); CONT. NO. 6322 This agreement is made on the l1:~ day of v eceW\ b er' , 2015, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Palm Engineering Construction Company, Inc., a California corporation whose principal place of business is 7330 Opportunity Road, Suite J, San Diego, CA 92111 (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: John Kim (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 Dire,ctor 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. The contractor to whom the contract is awarded 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. The Prime 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. 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. GRAND AVE PEDESTRIAN ENHANCEMENT; CONT. NO. 6322 Page 1 of 6 City Attorney Approved 10/6/15 PWM16-35TRAN 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 subcontract~flrogi participatii::i{l in contract bidding. /i'~.'("~/~ {,.,..~~ Signature: i/ Print Name: \<asouJ S'noJ, laa z_j 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. 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 GRAND AVE PEDESTRIAN ENHANCEMENT; CONT. NO. 6322 Page 2 of 6 City Attorney Approved 10/6/15 PWM16-35TRAN 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 ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ten (10) working days after receipt of Notice to Proceed. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill /II Ill Ill Ill Ill GRAND AVE PEDESTRIAN ENHANCEMENT; CONT. NO. 6322 Page 3 of 6 City Attorney Approved 10/6/15 CONTRACTOR'S INFORMATION. PALM ENGINEERING CONSTRUCTION COMPANY, INC. (name of Contractor) 853930 (Contractor's license number) A,B,C27,C10 -Exp. 2/28/2017 (license class. and exp. date) (DIR registration number) (DIR registration exp. date) PWM16-35TRAN 7330 OPPORTUNITY ROAD, STE J (street address) SAN DIEGO, CA 92111 (city/state/zip) 619-291-1495 (telephone no.) (fax no.) stan@palmengineeringco.com (e-mail address) AUTHORITY. The individuals executing this Agreement and the instruments referenced ln 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 PALM ENGINEERING CONSTRUCTION COMPANY, a Califo/r\ia crporation By: i.J~I . i i /!;',.- CITY OF CARLSBAD, a municipal corporation of the State of California By: ..-(.sign hyre) . c· f) . .l \ Ra ~ouJ 8 bO\-b b c. 2-1rcf.6i&.i.Jt.V (print ~me/title) Patrick A. Thoma ub c Works Director as authorized by the City Manager By: .. / } '(sign here) Sb.Cl,~ belzi -$ eef·e-ta. \I'll {print name/t~e} ;...,I If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!tJ! corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B 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: ~ ~~~./A~' ¥ettiftt-City Attorney #::pidJ GRAND AVE PEDESTRIAN ENHANCEMENT; CONT. NO. 6322 Page 4 of 6 City Attorney Approved 10/6/15 PWM16-35TRAN 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 Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract / l)v Total% Subcontracted: ______ _ GRAND AVE PEDESTRIAN ENHANCEMENT; CONT. NO. 6322 Page 5 of 6 City Attorney Approved 10/6/15 PWM16-35TRAN EXHIBIT B (ENTER SCOPE OF WORK, SPECIFICATIONS, CONTRACTOR'S PROPOSAL, ETC.) JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Labor, equipment and materials required to provide the $10,758.00 concrete, brick and striping improvements on Grand Avenue adjacent to the Carlsbad By The Sea retirement community as shown on the attached exhibit. TOTAL* $10,758.00 *Includes taxes, fee's, expenses and all other costs. GRAND AVE PEDESTRIAN ENHANCEMENT; CONT. NO. 6322 Page 6 of 6 City Attorney Approved 10/6/15 PALM ENGINEERING CONSTRUCTION COMPANY, INC. 7330 Opportunity Road, Suite 1, San Diego, CA 92111 (619) 291-1495, fax (619) 291-0482 Proposal 1501-A September 22, 2015 JAY JORDAN City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008-8802 (760) 602-2780 x7306 Email: Jay.Jordan@carlsbadca.gov Re: NW Storm Drain , Misc. Water Valve Replacement, Pavement Management Proposal for Provide & Install Two (2) Pedestrian Ramps per attached Drawing 1. Demolition & Removal 1,800.00 2. Concrete 1,728.00 3. Brick Pavers 1,920.00 4. Truncated Domes 3,600.00 5. Striping 1,500.00 6. Subtotal 10,548.00 7. Bond 210.00 Total Lump Sum Proposal $10,758.00 Exhibit "C" Thank you for your consideration of the above proposal. If you have any questions, please call me at (619) 438-8202. Upon acceptance of this proposal, please provide a signed Change Order and Purchase Order enabling us to proceed. No work can proceed without these executed documents. Respectfully Submitted, Stan Smith Project Manager SS/hmd GRAND AVENUE --------TO GARFIELD STREET EXISTING SIGN, PROPOSED RRFB LOCATION (BY OTHERS) EXIS-m,G SIGN EXISTING SIGN TO REMAIN PROPOSED RRFB LOCATION (BY OTHERS) \ TO CARLSBAD BOULEVARD------ NOT TO SCALE GRAND AVENUE CROSSWALK CARLSBAD BY THE SEA 0 0 0 0 CONSTRUCTION NOTES: REMOVE EXISTING AC PAVEMENT. INSTALL NEW 4" PCC CONCRETE SIDEWALK. MATCH EXISTING GRADE. REMOVE EXISTING AC PAVEMENT. INSTALL NEW 2' WIDE STRIP OF BRICK PAYERS TO MATCH EXISTING. MATCH EXISTING GRADE. REMOVE EXISTING TRUNCATED DOMES. REPAIR AREA WITH NEW 4" PCC CONCRETE SIDEWALK- INSTALL NEW 11'X3' TRUNCATED DOMES PER SAN DIEGO REGIONAL STANDARD DRAWING G-30. PAINT NEW 4" BLUE STRIPE AS SHOWN. SHEET1 OF 1 APPROVED: TRAFFIC DIVISION DATE