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HomeMy WebLinkAboutSeaside Heating and Air Conditioning Inc; 2018-10-09; PWL19-625GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Notice is hereby given that: DOC# 2018-0436107 111111111111 lllll lllll llll 11111111111111111111111111111111111111111111 Oct 19, 2018 11:13AM OFFICIAL RECORDS Ernest J Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0 00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: 209-050-26-00 NOTICE OF COMPLETION 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 October 3, 2018. 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: Project No. PWL19-625GS, Urgent Repair 25-Yard Range Exhaust Fan Motor Replacement at the Safety Training Center. 8. The street address of said property is 5750 Orion Street, Carlsbad, CA 92010-7201. CITY OF CARLSBAD :lib!~ City Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City y>f{~a/, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on u( · V , 20ft, 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 {3tg, / ] , 20/?, at Carlsbad, California. (;E CAmBAD K . . ~ . 77ld~~ ~ARBARA ENGLESON l) City Clerk QWubl1c Works\General Serv,ces\Safety Training Center (STC)\2. Budget\2. Contracting\Seas1de HVAC\Contracts\NOC\PWM19-625GS\NOC PWM19-625GS Urgent Repair Exhaust Fan (Seaside) Kennedy.doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Seaside Heating and Air Conditioning, Inc. has completed the contract work required for Project No. PWL 19-625GS, Urgent Repair 25-Yard Range Exhaust Fan Motor Replacement at the Safety Training Center. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS (City) 25-Yard Range Exhaust Fan Motor Replacement VALUE $3,000.00 CERTIFICATION OF COMPLETION OF IMPROVEMENTS E ~JJ\ ~gIneenng anager Date 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. Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By:__......,1---......... --'-----=------------Deputy City Attorney Q \Public Works\General Serv1ces\Safety Training Center (STC)\2. Budget\2. Contracting\Seaside HVAC\Contracts\NOC\PWM19-625GS\API PWM19-625GS Urgent Repair Exhaust Fan (Seaside) Kennedy doc PWL19-625GS 25-Yard Range Exhaust Fan Motor Replacement at STC - 1 - City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT URGENT REPAIR OF 25-YARD RANGE EXHAUST FAN MOTOR REPLACEMENT AT THE SAFETY TRAINING CENTER This RATIFICATION OF LETTER OF AGREEMENT between Seaside Heating & Air Conditioning, Inc., a California corporation, (Contractor) and the City of Carlsbad (City) is entered into as of the _______ day of _____________________________, 2018, but effective as of the 25th day of September, 2018, ratifying the work performed for the 25-yard range exhaust fan motor replacement. The Contractor will provide all equipment, material and labor necessary to replace the 25-Yard range exhaust fan motor, per Exhibit “A” and City specifications, for a sum not to exceed three thousand dollars ($3,000). The work will be completed within thirty (30) working days after the Notice to Proceed was issued. Upon full execution, the Letter of Agreement is ratified. 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 DocuSign Envelope ID: F38A6458-C9FD-45D1-A8C3-A67E5EF258D9 9thOctober PWL19-625GS 25-Yard Range Exhaust Fan Motor Replacement at STC - 2 - City Attorney Approved 2/29/2016 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. 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: Charlie Balcar, 760-643-1100 CONTRACTOR Seaside Heating & Air Conditioning, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 1359 Rocky Point Dr. Oceanside, CA 92056 P: 760-643-1100 F: 760-842-5642 cb@seasidehvac.com By: By: (sign here) Jay Sebring / President Paz Gomez, Public Works Director as authorized by the City Manager (print name/title) By: Dated: (sign here) Charlie Balcar / 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: DocuSign Envelope ID: F38A6458-C9FD-45D1-A8C3-A67E5EF258D9 Assistant City Attorney October 9, 2018 PWL19-625GS 25-Yard Range Exhaust Fan Motor Replacement at STC - 3 - City Attorney Approved 2/29/2016 EXHIBIT A URGENT REPAIR OF 25-YARD RANGE EXHAUST FAN MOTOR REPLACEMENT AT THE SAFETY TRAINING CENTER SCOPE OF WORK AND FEE ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Crane Rental $800.00 2 LS 1 Labor and Materials to replace 20 hp exhaust fan motor assembly. Motor to be provided by the city. $2,200.00 TOTAL* $3,000.00 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: F38A6458-C9FD-45D1-A8C3-A67E5EF258D9 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH)OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Wood Gutmann &Bogart Insurance BrokersLicense#067926315901RedHillAve.,Suite 100TustinCA92780 Rachelle Williams 714-824-8349 714-573-1770 rwilliams@wgbib.com Middlesex Insurance Company 23434 SEASI-1 Insurance Company of the West 27847SeasideHeating&Air Conditioning,Inc.1359 Rocky Point Dr.Oceanside CA 92056-5864 27193597 A X 1,000,000 500,000 X 1,000,000 3,000,000 2,000,000 A0112596004 9/18/2018 9/18/2019 X 5,000 A 1,000,000 X X X X Comp$500Ded X Coll $500Ded A0112596004 9/18/2018 9/18/2019 A X X 3,000,000 X NIL A0112596004 9/18/2018 9/18/2019 B Y WSD502592004 3/1/2018 3/1/2019 1,000,000 1,000,000 1,000,000 9/17/2018 X Certificate holder is named as additional insured on the General Liability per attached CG 20 10 04 13 and CG 20 37 04 13.Waiver of Subrogation applies totheWorkersCompensationperattachedWC990634. City of Carlsbad/CMWDAttn:Facilities Division1635FaradayAvenueCarlsbadCA92008 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3% of the total California Workers’ Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON / ORG ALL CA OPERATIONS WHEN REQUIRED BY WRITTEN CONTRACT Policy Number: WSD 5025920 04 Insured: Seaside Heating & Air Conditioning Inc Endorsement Effective: 03/01/2018 Coverage Provided by: Insurance Co of the West Issue Date: 02/20/2018 Countersigned by: WC 99 06 34 (Ed. 8-00)