Loading...
HomeMy WebLinkAboutRick Post Welding; 2018-11-20; PWM19-643UTILRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2019-0041284 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII Feb05, 2019 11:18AM OFFICIAL RECORDS Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES 2 Space above this line for Recorder's use. PARCEL NO: 222-690-06-00 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 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 September 1, 2018. 6. The name of the contractor for such work or improvement is Rick Post Welding, a sole proprietorship. 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: Santa Fe II Reservoir Vault Repairs, Contract No. PWM19-643UTIL. 8. The location of said property is south on White Sands Drive to Coast Avenue to north on SDG&E access easement in the City of San Marcos. CMW~. _ A ,t;t ti,:(~ Executive Ma~ VERIFICATION OF SECRETARY I, the undersigned, say: I a~ th~ Secretary of the ~arlsbad Municipa_l Water Distri~~lsbad Villa~ Driv,S: Carlsbad, California, 92008; the Executive Manager of said Board on D QA...__. / / 1 0 I , 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 ~, 3/ , 2019, at Carlsbad, California. ( MU~ICIPAL WATER DISTRICT • veumC<ALA K·zr!L~ ~ARBARA ENGLESON Uv Secretary Q:\Public Works\Utilities\ADMINISTRATIONIAGREEMENTS & CONTRACTSIAGREEMENTS & CONTRACTS\Rick Post Welding\NOC Docs\Corrected NOC (Public and Private) - recreated 2018-12-18.doc CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Rick Post Welding has completed the contract work required for Santa Fe II Reservoir Vault Repairs. City-CMWD forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS (CMWD) Cutting for valve removal by CMWD and welding of replacement pipe and parts. VALUE '--CERTIFICATION OF COMPLETION OF IMPROVEMENTS /tveJ3-/4~. Mark Biskup, utfiities Manager-Water 10/s /1& Engineering Manager Date $10,910 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 is/are hereby directed to commence maintaining the above described improvements. ✓~ /{}•/)• 1/] ity Manager / Executive Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By&;~ Deputy City Attorney Q \Public Works\Utilities\ADMINISTRATION\AGREEMENTS & CONTRACTS\AGREEMENTS & CONTRACTS\Rick Post Welding\NTP Docs\API (Public Works) -revised 2018-02-15.doc Tracking #: PWM19-643UTIL SANTA FE II RESERVOIR VAULT REPAIRS Page 1 of 6 General Counsel Approved 9/27/16 CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT SANTA FE II RESERVOIR VAULT REPAIRS This agreement is made on the ______________ day of _________________________, 2018, by the CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, hereinafter referred to as “CMWD”, and RICK POST WELDING, a Sole proprietorship, whose principal place of business is 3863 Sumac Summit, Fallbrook, CA 92028 (hereinafter called "Contractor"). CMWD 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 Sanders (CMWD 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 CMWD’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. DocuSign Envelope ID: 670B9F14-A6DB-49B3-B1DB-2BF29E73330B November 20th Tracking #: PWM19-643UTIL SANTA FE II RESERVOIR VAULT REPAIRS Page 2 of 6 General Counsel Approved 9/27/16 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. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to CMWD 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 CMWD to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: _Rick Post, Owner____________________ REQUIRED INSURANCE. The successful contractor shall provide to CMWD, 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 CMWD 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 CMWD prior to such cancellation. The policies shall name CMWD as additional insured. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. DocuSign Envelope ID: 670B9F14-A6DB-49B3-B1DB-2BF29E73330B Tracking #: PWM19-643UTIL SANTA FE II RESERVOIR VAULT REPAIRS Page 3 of 6 General Counsel Approved 9/27/16 WORKERS COMPENSATION AND EMPLOYER’S LIABILITY. Worker’s 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. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless CMWD and the City of Carlsbad, and its 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 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 CMWD or City of Carlsbad. 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 started work on August 15, 2018. Completion: Contractor completed work on August 17, 2018. CONTRACTOR’S INFORMATION. Rick Post Welding 3863 Sumac Summit (name of Contractor) 687814 (street address) Fallbrook, CA 92028 (Contractor’s license number) C60-Welding 4/30/20 (city/state/zip) 760-801-8632 (license class. and exp. date) 1000041564 (telephone no.) (DIR registration number) 6/30/19 (fax no.) rickpostwelding@gmail.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// DocuSign Envelope ID: 670B9F14-A6DB-49B3-B1DB-2BF29E73330B Tracking #: PWM19-643UTIL SANTA FE II RESERVOIR VAULT REPAIRS Page 4 of 6 General Counsel Approved 9/27/16 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 RICK POST WELDING, a Sole proprietorship CARLSBAD MUNICIPAL WATER DISTRICT By: By: (sign here) Rick Post, Owner Terry Smith, Interim Utilities Director as authorized by the Executive Manager (print name/title) By: (sign here) (print name/title) If required by CMWD, 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, General Counsel BY: _____________________________ Assistant General Counsel DocuSign Envelope ID: 670B9F14-A6DB-49B3-B1DB-2BF29E73330B Tracking #: PWM19-643UTIL SANTA FE II RESERVOIR VAULT REPAIRS Page 5 of 6 General Counsel Approved 9/27/16 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 NONE Total % Subcontracted: ____0%___________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: 670B9F14-A6DB-49B3-B1DB-2BF29E73330B Tracking #: PWM19-643UTIL SANTA FE II RESERVOIR VAULT REPAIRS Page 6 of 6 General Counsel Approved 9/27/16 EXHIBIT B SANTA FE II RESERVOIR VAULT REPAIRS Cutting and Welding JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 Job Contractor to perform all cutting in vault for removal of defective 36” butterfly valve Contractor to create all hand holes, caps, buttstraps and increaser rings as needed. Contractor to provide extensive welding of replacement pipe and parts. $10,910 2 Job CMWD to remove butterfly valve from vault and set replacement pipe for welding installation. TOTAL* $10,910 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 670B9F14-A6DB-49B3-B1DB-2BF29E73330B