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HomeMy WebLinkAboutRay White Cement; 2017-01-17; PWM17-56GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2017-0268915 1111111111111111111111111111111111111111111111111111111111111111111111 Jun 15, 2017 12:02 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 May 17, 2017. 6. The name of the contractor for such work or improvement is Ray White Cement. 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: PWM17-56GS, La Costa Under Sidewalk Drain Replacement. 8. The street address of said property is La Costa Avenue in the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 120R Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on \ Ak\,Q. l.s± , 20_j]_, accepted the above described work as completed and ordered that aNotice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on J\AV':t Lt~, 20 \l. at Carlsbad, California. Word\Masters\Forms\Notice of Completion (City) 3/9/98 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor Ray White Cement has constructed the improvements required for Project No. PWM17-56GS,La Costa Under Sidewalk Drain Replacement , 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 Sidewalk Drains $10,750 PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS ~ublic~ 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. Kevin~ger Date 1 APPROVED AS TO FORM: CELIA BREWER, City Attorney By:~ Assistant City Attorney Pt!~ Word\Masters\Forms\Acceptance of Public Improvements (City) 3/9/98 PWM17-56GS CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT LA COSTA UNDER SIDEWALK DRAIN REPLACEMENT This agreement is made on the \*~ day of Jtl\K\.u6.0( , 2oJ1 by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Ray White Cement, a California corporation, whose principal place of business is 2380 Via Monserate, Fallbrook, CA 92028 · (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: Eric Martinez I Danny Goggin (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 o'f 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 41 04 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. LA COSTA UNDER SIDEWALK DRAIN REPLACEMENT Page 1 of 6 City Attorney Approved 9/27/2016 PWM17-56GS 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. {f:tfl£~ Signature: Print Name: 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-: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. 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. LA COSTA UNDER SIDEWALK DRAIN REPLACEMENT Page 2 of6 City Attorney Approved 9/27/2016 PWM17-56GS 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 five (5) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ray White Cement (name of Contractor) 410673 (Contractor's license number) Class C-8 concrete, 8/31/17 (license class. and exp. date) 1000003603 (DIR registration number) 6/30/17 (DIR registration exp. date) /II /II /II /II /II /II /II LA COSTA UNDER SIDEWALK DRAIN REPLACEMENT 2380 Via Monserate (street address) Fallbrook, CA 92028 (city/state/zip) 760-728-0170 (telephone no.) 760-728-5605 (fax no.) diane@raywhitecement.com (e-mail address) Page 3 of6 City Attorney Approved 9/27/2016 PWM17-56GS 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: RAY WHITE CEMENT, a ~:liforn~b~~ (s1gn here) By: j( 1\<1 \AJ l1 ( 1[; c f 6 (p~int name/title) Group A Chairman, President, or Vice-President CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey ting Public Works Director as authorized by the City Manager 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: /// ~ ~~~~6<o Deputy C1ty Attorney LA COSTA UNDER SIDEWALK DRAIN REPLACEMENT Page 4 of6 City Attorney Approved 9/27/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 S?-.~ "'Dq;;.c...:,0 On \~-\~-?..c.:.\\,;; Date before me, N'\.,L..'rlP..;;:,.L-~ s,So.L• t-J }...)c)CfHs""i' Rj ~;;,~,<;, , I Here Insert Name and Title of the Officer personally appeared ~'1Nt-\....:) n '"'e. ""'-\?-h ~ ID ow ·D u...; ""' , \'!;.- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that lleist:le/they executed the same in biefber/their authorized capacity(ies), and that by bi5/l)er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above 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 . 't... c, • Signature \Y\,' .,.\Lo...9 SJ ~~ · •• Signature of Notary Public -------------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: I),Js·\-\D\'::.\1:-( \"«:. '"\-G Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ------------- Capacity(ies) Claimed by Signer(s) Signer's Name: -------------Signer's Name:------------- 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:--------------0 Other: Signer Is Representing: _________ _ Signer Is Representing: ---------- ~'§<..~~~~"(;?~'<:.Z~~~"<:X..~'V,X~~'Q0'01:-~;c<)>,:-z,"Q<;.~~'P1:-~~~ ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 PWM17-56GS 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 rlnl[)-f? I • \....../ Total% Subcontracted: The Contractor must perform no less than fifty percent (50%) of the work with its own forces. LA COSTA UNDER SIDEWALK DRAIN REPLACEMENT Page 5 of6 City Attorney Approved 9/27/2016 PWM17-56GS EXHIBITS SCOPE OF WORK • Provide all labor, equipment and materials necessary to replace the existing damaged under sidewalk drains with an all concrete modified under sidewalk drains, Curb Outlet-Type A, per San Diego Regional Standard Drawing number, D-25. • All work must be consistent with the guidelines and standards set by The "Green Book," 2015 Ed. San Diego Regional Standard Drawings, 2015 Ed. and the current City of Carlsbad Engineering Standards, Vol. 3. • Disposal of all material is the responsibility of the contractor. • Contactor is responsible for the all USA (Dig Alert) mark outs. • All traffic control will be provided by the contractor per MUTCD specifications including sidewalk closures. • Posting of "No Parking" signs must be 72 hours before work is to proceed. • All current Cal OSHA regulations must be followed by contractor. • Right-of-way permit is required. JOB QUOTATION ITEM QTY DESCRIPTION PRICE NO. .· Asset ID # 49C-63 Located across from Alicante & Pamplona $2,600 1 1 Demolish, dispose of material & install modified under sidewalk drain; Curb Outlet-Type A, with open channel back per San Diego Regional Standard Drawing Asset ID # 49D-29 Located across from 7349 Altiva Place $2,600 2 1 Demolish, dispose of material & install modified under sidewalk drain; Curb Outlet-Type A, with open channel back per San Diego Regional Standard Drawing Asset ID # 49D-30 Located across 7345 Altiva Place $2,600 3 1 Demolish, dispose of material & install under sidewalk drain; Curb Outlet-Type A, with open channel back per San Diego Regional Standard Drawing Asset ID # 548-51 Located at 7514 Jerez Court $2,950 Demolish, remove & install modified Curb Outlet-Type A, 4 1 D-25, with manhole frame & cover type M-2 with "City of Carlsbad Storm Drain" per San Diego Regional Standard Drawing TOTAL* $ 10,750 *Includes taxes, fees, expenses and all other costs. LA COSTA UNDER SIDEWALK DRAIN REPLACEMENT Page 6 of6 City Attorney Approved 9/27/2016