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HomeMy WebLinkAboutSeaside Heating and Air Conditioning Inc; 2017-07-13; PWM17-140GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2017-0406696 I llllll lllll lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Sep 05, 2017 04:05 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: 209-050-26-00 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 Aug. 1, 2017. 6. The name of the contractor for such work or improvement is Seaside Heating and Air Conditioning, 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: Shooting Range Exhaust Motor Replacement, Project No. PWM17-140GS. 8. The street address of said property is Safety Training Center, 5750 Orion Street, Carlsbad, CA 92010-7201. CITY OF CARLSBAD / CMWD City 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/Executive Manager of said City on U 1 1 {J( o-6 f dd, 20L:J_, accepted the above described work as completed and ordered that atice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on (]/J~JLl)j ,:;23, 20).'J__, at Carlsbad, California. a::RLSBAD/CMWD . . fV4!2YiL~J-, BARBARA ENGLESON £) ~ ,_ City Clerk CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Seaside Heating and Air Conditioning, Inc., has completed the contract work required for Project No. PWM 17-140GS, Shooting Range Exhaust Motor Replacement at the Carlsbad Safety Training Center, 5750 Orion Street, Carlsbad, CA 92010. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS (Specify if City or CMWD) Shooting Range Exhaust Motor Replacement (City) VALUE $7,638 CERTIFICATION OF COMPLETION OF IMPROVEMENTS A ~\,d\. ~-~ A I;' IO l7 \1?Engi ing Manager '-" '-.. 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. Kev· ord, City Manager/ Executive Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By: ~~ Deputy City Attorney C:\Users~gowe\AppData\Local\M,crosoft\Windows\Temporary Internet Files\Content.Outlook\4ZW426LL\CIP API PWM17-140GS Seaside Heating and Air.doc CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SHOOTING RANGE EXHAUST MOTOR REPLACEMENT PWM17-140GS This agreement is made on the /c-jth day of_--,,.,::.::..+-LC:~...;.,t:.__ ____ , 2017, by the City of Carlsbad, California, a municipal corporation, (hereina er alled " · y"), and Seaside Heating & Air Conditioning, Inc., a California corporation whose principal pace of u ness is 1359 Rocky Point Drive, Oceanside, CA 92056 (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: Jason Kennedy (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 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. 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. SHOOTING RANGE EXHAUST MOTOR REPLACMENT Page 1 of 6 City Attorney Approved 9/27 /16 PWM17-140GS 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. Signature r;;; ~ Print Name: =1.. ,=~ -s 6c......-/ Le, .... C 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. 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. SHOOTING RANGE EXHAUST MOTOR REPLACMENT Page 2 of 6 City Attorney Approved 9/27 /16 PWM17-140GS 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 fifteen (15) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within seven (7) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Seaside Heating & Air Conditioning, Inc., a California corporation Ill Ill Ill Ill Ill Ill Ill (name of Contractor) 790514 (Contractor's license number) C-20/C38/C4 1 /31/2019 (license class. and exp. date) 1000005586 (DIR registration number) 6/30/18 (DIR registration exp. date) SHOOTING RANGE EXHAUST MOTOR REPLACMENT Page 3 of 6 1359 Rocky Point Drive (street address) Oceanside, CA 92056 (city/state/zip) 760-643-11 00 (telephone no.) 760-842-5642 (fax no.) cb@seasidehvac.com (e-mail address) City Attorney Approved 9/27/16 PWM17-140GS 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, SEASIDE HEATING & AIR CONDITIONING, INC., a California corporation By~ · ( sign here) J; Y'\Y"'i'L Se,bs-:Y\.>/ r tt--5 (print name/title) 7 By: e ~ (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California A By: A. r/c.~ ti tt'i~--( Elaine Lukey-/ Public(_W~:i\ Director as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .11...2 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: SHOOTING RANGE EXHAUST MOTOR REPLACMENT Page 4 of 6 City Attorney Approved 9/27 /16 PWM17-140GS 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 C f ---.A ~ ,4. ( (J fe,.....,,L f ,0000;. '7j4r c;c;_')-~s G ·7 / 18 !u Total% Subcontracted: _ _,/~{ ... /'"""/--- The Contractor must perform no less than fifty percent (50%) of the work with its own forces. SHOOTING RANGE EXHAUST MOTOR REPLACMENT Page 5 of 6 City Attorney Approved 9/27/16 ITEM NO. 1 2 3 4 PWM17-140GS EXHIBIT B SHOOTING RANGE EXHAUST MOTOR REPLACEMENT AT STC FACILITY LOCATED AT 5750 ORION ST, CARLSBAD, CA 92010 JOB QUOTATION UNIT QTY DESCRIPTION PRICE Labor to remove and replace rooftop 40 horsepower EA 1 exhaust motor (EF S1-8) located on the 25 yard range $1,920 (bullet trao). EA 1 Motor with grounding ring $4,600 LS 1 Tax $368 LS 1 Crane $750 TOTAL* $7,638 *Includes taxes, fees, expenses and all other costs. SHOOTING RANGE EXHAUST MOTOR REPLACMENT Page 6 of 6 City Attorney Approved 9/27 /16 Customer City of Carlsbad 1635 Faraday Avenue Carlsbad, Ca. 92008 EXHIBIT B Location 1359 Rocky Point Dr Oceanside, CA 92056 Lie. #790514 Phone# 760-643-1100 Fax # 760-842-5642 Safety Training Center 5750 Orion Street Carlsbad, CA 92010 Remove and replace 40 hp shooting range exhaust motor located on the 25 yard range (bullet trap). Location Serial Number of unit is EF S 1-8. Labor: $1,920.00 Motor with grounding ring: $4,600.00 Tax: $368.00 Crane Rental: $750.00 Project Total: $7,638.00 *Project includes prevailing wages. By: Charlie Balcar March 30, 2017 (Authorized Seaside Representative)