HomeMy WebLinkAboutS and J Builders and Restoration Services Inc; 2020-03-13; PWL20-1074FACRECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
DOC# 2020-0245218
I 11111111111 lll11111111111111111 lllll lllll lllll 11111111111111111111111
May 14, 2020 10:31 AM
OFFICIAL RECORDS
Ernest J. Dronen burg Jr
~;N DIEGO COUNTY RECORDER
ES $O 00 (SB2 Atkins $0.00)
PAGES 2
Space above this line for Recorder's use.
PARCEL NO: 209-050-26-00
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 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 April 17, 2020.
6. The name of the contractor for such work or improvement is S&J Builders and Restoration Services, 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. PWL20-1074FAC, Contract Name, Flag Pole Base
Repair at the Safety Training Center.
8. The street address of said property is 5750 Orion Street, in the City of Carlsbad.
CITY OF CARLSB'
~~---\_"'_-_L __ G ...... ro~f~f PaJn1t 1 /\s_s1.
f C Scott Chadwick, City Manager /~
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carlsbad, }~00 Carlsbad Village Drive, Carlsbad, California, 92008; the
City Manager of said City on 'fr'J d , 20ao, 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 L/jJ. ,~ , 20.a__a at Carlsbad, California.
~DOC.~{(
CITYOF~ ~~ ~¼ctar Gomez, Pcpvt11 t BARBARA ENGLESON • ._}
City Clerk C lf..i\
cie,✓
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
S&J Builders and Restoration Services, Inc. has completed the contract work required for Project
No. PWL20-1074FAC -Flag Pole Base Repair at the Safety Training Center. City forces have
inspected the work and found it to be satisfactory. The work consisted of:
IMPROVEMENTS
Flag Pole Base Repair at the Safety Training Center
VALUE
$1,773.77
CERTIFICATION OF COMPLETION OF IMPROVEMENTS
John Ma
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.
~\✓.~
~-SCOtt Chadwick, City Mana~ Date
APPROVED AS TO FORM:
CELIA BREWER, City Attorney
PWL20-1074FAC
Flag Pole Base Repair at the Safety Training Center - 1 - City Attorney Approved 2/29/2016
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
FLAG POLE BASE REPAIR AT THE SAFETY TRAINING CENTER (STC)
This letter will serve as an agreement between S&J Builders and Restoration Services, Inc., a California
corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material
and labor necessary to repair the flag pole base at the Safety Training Center, per Exhibit A and City
specifications, for a sum not to exceed one thousand seven hundred seventy-three dollars and seventy-
seven cents. ($1,773.77). This work is to be completed within ten (10) 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-: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. 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 subject to civil penalties for the filing of false claims as set forth in the California
False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections
3.32.025, et seq. __________ init __________ init
6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of
Carlsbad to disqualify the Contractor from participating in contract bidding. _______ init _______ init
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.
DocuSign Envelope ID: D4D379A6-62F5-4E90-B53F-7461062FC5D7
PWL20-1074FAC
Flag Pole Base Repair at the Safety Training Center - 2 - City Attorney Approved 2/29/2016
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 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 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: Jason Kennedy, 760-931-2236
Contractor Contact: Sean Wilson, 619-449-2014
CONTRACTOR
S&J BUILDERS AND RESTORATION
SERVICES, INC., a California corporation
CITY OF CARLSBAD, a municipal corporation of
the State of California
10815 Wheatlands Ave., Suite J
Santee, CA 92071
P: 619-449-2014
swilson@sandjbuild.com
By: By:
(sign here)
Gracie Wilson/President & Secretary
Paz Gomez, Deputy City Manager,
Public Works, as authorized by the City Manager
(print name/title)
By: Dated:
(sign here)
Sean Wilson/CFO
(print name/title)
(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:
Assistant City Attorney
DocuSign Envelope ID: D4D379A6-62F5-4E90-B53F-7461062FC5D7
March 13, 2020
PWL20-1074FAC
Flag Pole Base Repair at the Safety Training Center - 3 - City Attorney Approved 2/29/2016
EXHIBIT A
FLAG POLE BASE REPAIR AT THE SAFETY TRAINING CENTER
SCOPE OF WORK AND FEE
ITEM
NO. UNIT QTY. DESCRIPTION PRICE
1 LS 1
TASK #1:
-Remove water, sand and debris from inside flag pole
base. Inspect base plate integrity using a fiber optic
camera. If integrity of base plate is serviceable, dry pack
around pole with sand to fill cavity in flag pole base.
-Using a pourable Vulcan, seal around top of base and
pole to create waterproof seal above packed sand.
-Caulk plate to pole.
-Caulk and seal cracks near placard on the concrete base.
TASK #2:
-Reinstall column cap on middle pillar in open bay garage,
seal around steel post at top of cap to prevent moisture
intrusion into pillar base.
$1,773.77
TOTAL $1,773.77
*Includes taxes, fees, expenses and all other costs.
DocuSign Envelope ID: D4D379A6-62F5-4E90-B53F-7461062FC5D7
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Business Auto Broadening Endorsement
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED)
II. EMPLOYEES AS INSUREDS
III. AUTOMATIC ADDITIONAL INSURED
IV. EMPLOYEE HIRED AUTO LIABILITY
V. SUPPLEMENTARY PAYMENTS
VI. FELLOW EMPLOYEE COVERAGE
VII. ADDITIONAL TRANSPORTATION EXPENSE
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
X. LOAN/LEASE GAP COVERAGE
XI. GLASS REPAIR – DEDUCTIBLE WAIVER
XII. TWO OR MORE DEDUCTIBLES
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
XIV. WAIVER OF SUBROGATION
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS
XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT
XVIII. HIRED AUTO – COVERAGE TERRITORY
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6
BUSINESS AUTO COVERAGE FORM
I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured)
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
d. Any business entity newly acquired or formed by you during the policy period
provided you own 50% or more of the business entity and the business entity is not
separately insured for Business Auto Coverage. Coverage is extended up to a
maximum of 180 days following acquisition or formation of the business entity.
Coverage under this provision is afforded only until the end of the policy period.
Coverage does not apply to an “accident” which occurred before you acquired or
formed the organization.
II. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
e. Any “employee” of yours is an "insured" while using a covered “auto" you don't
own, hire or borrow in your business or your personal affairs.
III. AUTOMATIC ADDITIONAL INSURED
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
f. Any person or organization that you are required to include as additional insured
on the Coverage Form in a written contract or agreement that is signed and
executed by you before the "bodily injury" or "property damage" occurs and that is
in effect during the policy period is an "insured" for Liability Coverage, but only for
damages to which this insurance applies and only to the extent that person or
organization qualifies as an "insured" under the Who Is An Insured provision
contained in Section II.
IV. EMPLOYEE HIRED AUTO LIABILITY
SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added:
g. An "employee" of yours is an "insured" while operating an "auto" hired or rented
under a contract or agreement in that "employee's" name, with your permission,
while performing duties related to the conduct of your business.
V. SUPPLEMENTARY PAYMENTS
SECTION II – LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary
Payments, Subparagraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law
violations) required because of an "accident" we cover. We are not obligated to
furnish these bonds.
(4) All reasonable expenses incurred by the "insured" at our request, including
actual loss of earnings up to $500 a day because of time off from work.
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 3 of 6
VI. FELLOW EMPLOYEE COVERAGE:
SECTION II – LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee
This exclusion does not apply if you have workers’ compensation insurance in-force covering all of
your “employees”. Coverage is excess over any other collectible insurance.
VII. ADDITIONAL TRANSPORTATION EXPENSE
SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation
Expenses, is replaced with the following:
We will pay up to $50 per day to a maximum of $1000 for temporary transportation
expense incurred by you because of the total theft of a covered "auto" of the private
passenger type. We will pay only for those covered "autos" for which you carry either
Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary
transportation expenses incurred during the period beginning 48 hours after the theft and
ending, regardless of the policy’s expiration, when the covered "auto" is returned to use or
we pay for its "loss". If your business shown in the Declarations is other than an auto
dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by
you to return a stolen covered auto from the place where it is recovered to its usual
garaging location.
VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE
SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is
added:
c. If hired "autos" are covered "autos" for Liability Coverage in this policy and
Comprehensive, Specified Causes of Loss, or Collision coverages are provided under
this coverage form for any "auto" you own, then the Physical Damage Coverages
provided are extended to "autos" you hire, subject to the following limit:
(1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual
Cash Value or Cost of Repair, whichever is less
(2) $500 deductible will apply to any loss under this coverage extension,
except that no deductible shall apply to “loss” caused by fire or lightning
Subject to the above limit and deductible we will provide coverage equal to the
broadest coverage applicable to any covered "auto" you own of similar size and
type. This coverage extension is excess coverage over any other collectible
insurance.
IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following:
This exclusion does not apply to the accidental discharge of an airbag.
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6
X. LOAN/LEASE GAP COVERAGE
SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added:
4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for
which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on
the lease or loan for that covered “auto,” less:
a. The amount paid under the Physical Damage Coverage Section of the
policy; and
b. Any:
(1) Overdue lease/loan payments at the time of the “loss”;
(2) Financial penalties imposed under a lease for excessive use, abnormal wear
and tear or high mileage.
(3) Security deposits not returned by the lessor;
(4) Costs for extended warranties, Credit Life Insurance, Health, Accident or
Disability Insurance purchased with the loan or lease; and
(5) Carry-over balances from previous loans or leases.
XI. GLASS REPAIR – DEDUCTIBLE WAIVER
SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
No deductible applies to glass damage if the glass is repaired rather than replaced.
XII. TWO OR MORE DEDUCTIBLES
SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added:
If two or more "company" policies or coverage forms apply to the same accident:
1. If the applicable Business Auto deductible is the smallest, it will be waived; or
2. If the applicable Business Auto deductible is not the smallest, it will be reduced by
the amount of the smallest deductible; or
3. If the loss involves two or more Business Auto coverage forms or policies the
smallest deductible will be waived.
For the purpose of this endorsement "company” means the company providing this
insurance and any of the affiliated members of the Mercury Insurance Group of companies.
XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The
Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an
"accident" applies only when the "accident" is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability company; or
(4) An executive officer or insurance manager, if you are a corporation.
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6
XIV. WAIVER OF SUBROGATION
SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery
Against Others To Us, section is replaced by the following:
5. Transfer Of Rights Of Recovery Against Others To Us
We waive any right of recovery we may have against any person or organization to
the extent required of you by a written contract executed prior to any "accident" or
"loss", provided that the "accident" or "loss" arises out of the operations
contemplated by such contract. The waiver applies only to the person or
organization designated in such contract.
XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment,
Misrepresentation, or Fraud, the following is added:
Any unintentional omission of or error in information given by you, or unintentional failure
to disclose all exposures or hazards existing as of the effective date or at any time during
the policy period shall not invalidate or adversely affect the coverage for such exposure or
hazard or prejudice your rights under this insurance. However, you must report the
undisclosed exposure or hazard to us as soon as reasonably possible after its discovery.
This provision does not affect our right to collect additional premium or exercise our right
of cancellation or non-renewal.
XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE
SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired
Auto Physical Damage Coverage, is replaced by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered
"autos" you own:
1. Any covered "auto" you lease, hire, rent or borrow; and
2. Any covered "auto" hired or rented by your "employee" under a contract in
that individual "employee's" name, with your permission, while performing
duties related to the conduct of your business.
However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered
"auto".
XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT
SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the
following is added and supersedes any provision to the contrary:
e. This insurance is primary to and will not seek contribution from any other insurance
available to an additional insured under your policy provided that:
(1) The additional insured is a Named Insured under such other insurance; and
(2) You have agreed in writing in a contract or agreement that this insurance
would be primary and would not seek contribution from any other
insurance available to the additional insured.
Copyright 2013 Mercury Insurance Services, LLC. All rights reserved.
MCA85101213-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6
XVIII. HIRED AUTO - COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage
Territory, e. Anywhere in the world if:, is replaced by the following:
e. Anywhere in the world if:
(1) A covered "auto" is leased, hired, rented or borrowed without a driver for a
period of 30 days or less; and
(2) The "insured’s" responsibility to pay damages is determined in a "suit" on
the merits, in the United States of America, the territories and possessions
of the United States of America, Puerto Rico, or Canada or in a settlement
we agree to.
XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH
SECTION V – DEFINITIONS, C. "Bodily Injury” is amended by adding the following:
"Bodily injury" also includes mental anguish but only when the mental anguish arises from
other bodily injury, sickness, or disease.
01/01/2019
All CA Operations
Cypress Insurance Company
SJWC029784
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