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HomeMy WebLinkAboutStatewide Stripes Inc; 2019-10-29; PWM20-858GSDoci, Sign Envelope ID: 1B9B7BB8-5A67-4CDD-8192-9523E531E261 RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: DOC# 2020-0654472 111111111101111111101111111101# Oct 26, 2020 10:00 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 2 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 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 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 June 1, 2020. 6. The name of the contractor for such work or improvement is Statewide Stripes, 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. PWM20-858GS, Project Name: Thermoplastic Installation at Various Crosswalk Locations. 8. The street addresses of said properties is at various locations, in the City of Carlsbad. CITY OF CARLSBAD r, c-, Geoff Patnoe, Assistant City Manager 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 Manager of said City on , (f. LC , 20 2C, 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 P?:-' , 20,2--G; at Carlsbad, California. CITY OF CARLSBAD a -BARBARA ENGLESON City Clerk Q:\Public Works\General Services\Agreements & Contracts\Statewide Stripes\Therrnoplastic Installation at Various Crosswalk Locations - PWM20-858GS\4. NOC\2.NOC - Thermoplastic Installation at Various Crosswalk Locations - PWM20-858GS.docx DocuSign Envelope ID: 1B9B7BB8-5A67-4CDD-8192-9523E531E261 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Statewide Stripes, Inc. has completed the contract work required for PWM20-858GS - Thermoplastic Installation at Various Crosswalk Locations. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Thermoplastic installation at various crosswalks. $16,639.80 CERTIFICATION OF COMPLETION OF IMPROVEMENTS 6-- (]/— Tom Frank, Transportation Director 10/6/2020 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. Geoff Patnoe, Assistant City Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By: Assistant City Attorney Q:\Public Works\General Services\Agreements & Contracts\Statewide Stripes\Thermoplastic Installation at Various Crosswalk Locations - PWM20-858G3\4. NOC\3.API - Thermoplastic Installation at Various Crosswalk Locations - PWM20-858GS.docx PWM20-858GS Thermoplastic Installations at Various Crosswalks; Contract No. 6001 Page 1 of 7 City Attorney Approved 1/25/2019 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT THERMOPLASTIC INSTALLATIONS AT VARIOUS CROSSWALKS This agreement is made on the ______________ day of _________________________, 2019, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Statewide Stripes, Inc., a California corporation whose principal place of business is P.O. Box 600710, San Diego, CA 92160-0710 (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: Clayton Dobbs (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. 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. DocuSign Envelope ID: FDABF077-B63B-4962-9CE8-8218A8B16A7A 29th October PWM20-858GS Thermoplastic Installations at Various Crosswalks; Contract No. 6001 Page 2 of 7 City Attorney Approved 1/25/2019 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: ___________________________________ Print Name: ___Jason McElveny___________________ 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. 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 DocuSign Envelope ID: FDABF077-B63B-4962-9CE8-8218A8B16A7A PWM20-858GS Thermoplastic Installations at Various Crosswalks; Contract No. 6001 Page 3 of 7 City Attorney Approved 1/25/2019 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 thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within forty-five (45) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Statewide Stripes, Inc. P.O. Box 600710 (name of Contractor) 788286 (street address) San Diego, CA 92160-0710 (Contractor’s license number) C32, C33c C-61 / D38 / D42 12/31/2020 (city/state/zip) 858-560-6887 (license class. and exp. date) 1000001334 (telephone no.) 858-560-0158 (DIR registration number) 6/30/2020 (fax no.) adam@statewidestripes.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: FDABF077-B63B-4962-9CE8-8218A8B16A7A PWM20-858GS Thermoplastic Installations at Various Crosswalks; Contract No. 6001 Page 4 of 7 City Attorney Approved 1/25/2019 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 STATEWIDE STRIPES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Jason McElveny, Vice-President, Secretary Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) (print name/title) If required by City, 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, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: FDABF077-B63B-4962-9CE8-8218A8B16A7A PWM20-858GS Thermoplastic Installations at Various Crosswalks; Contract No. 6001 Page 5 of 7 City Attorney Approved 1/25/2019 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 Total % Subcontracted: _______________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces DocuSign Envelope ID: FDABF077-B63B-4962-9CE8-8218A8B16A7A N/AN/A0% N/A 0 N/AN/A N/A 0%N/A N/A PWM20-858GS Thermoplastic Installations at Various Crosswalks; Contract No. 6001 Page 6 of 7 City Attorney Approved 1/25/2019 EXHIBIT B Thermoplastic Installations at Various Crosswalk Locations Contractor shall provide all labor, equipment and materials necessary to complete thermoplastic installation at various crosswalks (and limit lines/yield bars where indicated) located in the City of Carlsbad. All work shall conform with the latest edition of the California Manual on Uniform Traffic Control Devices (CAMUTCD), the Carlsbad Engineering Standards, and the latest edition of the Standard Specifications for Public Works Construction “Greenbook.” Contractor will color to match and provide all required traffic control. JOB QUOTATION ITEM NO. UNIT Price Estimated Qty/LF DESCRIPTION PRICE 1 LF $2.80/LF 5391 LF Thermoplastic Installation at Various Crosswalks and limit lines color match $15,094.80 2 LS $1,545.00 13 Count Install 13 Thermoplastic Shark Teeth (Yield Bars) using Extruded Thermoplastic. $1,545.00 TOTAL* $16,639.80 *Includes taxes, fees, expenses and all other costs. Locations List Est. Linear Feet Description Alga Rd and Alicante Rd 152 South side crosswalk Ambrosia Ln and Aviara Parkway 93 North side crosswalk Aviara Pkwy and Mimosa Dr 200 North and south crosswalks Black Rail Rd and Poinsettia Ln 170 East crosswalk El Camino Real and Jackspar Dr 700 All four crosswalks Chuparosa Way and Las Flores Dr 81 One crosswalk Camino De Las Ondas and Hidden Valley Rd 220 Both crosswalks Camino De Las Ondas and Aviara Pkwy 105 West crosswalk Camino De Las Ondas and Alderwood 92 West crosswalk El Fuerte St and Gateway Rd 253 East and west crosswalks El Fuerte St and Greenhaven Dr 290 All crosswalks La Costa Ave and 5 FWY (9 limits lines) 303 White limit lines Monroe St and Marron Rd 460 All three crosswalks Poinsettia Ln and Aviara Pkwy 210 West crosswalk Palomar Airport Rd and Yarrow Dr 765 All crosswalks Palomar Airport Rd and The Crossings Dr 272 North and south crosswalks Palomar Airport Rd and El Fuerte St 260 East crosswalk Pio Pico Dr and Las Floras Dr 295 All three crosswalks Pio Pico Dr and Buena Vista Way 160 Only crosswalk Rancho Santa Fe Rd and Camino Junipero 310 East and west crosswalks Total Linear Feet 5391 DocuSign Envelope ID: FDABF077-B63B-4962-9CE8-8218A8B16A7A PWM20-858GS Thermoplastic Installations at Various Crosswalks; Contract No. 6001 Page 7 of 7 City Attorney Approved 1/25/2019 EXHIBIT B (Continued) Location QTY Description Carlsbad Village Drive and Victoria (Exhibit C) – Excludes Traffic control plans, ROW permits, additional moves. Option Deduct of $600.00 for extruded thermoplastic in lieu of preformed. 13 Shark teeth yield bars (extruded) Color: white Exhibit C Additional Scope of Services DocuSign Envelope ID: FDABF077-B63B-4962-9CE8-8218A8B16A7A See below WC9906R3 00-001,WC990376A forms attached. Re: SWS Job # 2942, Project Name: Yield Signs and Legends on Carlsbad Blvd., Contract #: PWM19-707GS The General Liability policy includes an automatic additional insured endorsement that provides additional insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard to work performed by or on behalf of the named insured. The Excess/Umbrella coverage limits are in addition to those provided by general liability coverage. The Workers Compensation policy provides a Blanket Waiver of Subrogation in favor of the same, only when there is a written agreement that requires such status, and only with regard to work performed by or on behalf of the named insured. The general & auto liability and workers comp policiesincludean automatic status endorsement providing that 30 days STATESTR8 3/7/2019 Julia Haynosch Commercial Lines - (916) 589-8000 916.883.0579 USI Insurance Services LLC - CA Lic#: 0G11911 Julia.Haynosch@usi.com 10940 White Rock Road, 2nd Floor Rancho Cordova, CA 95670 Travelers Indemnity Co. of Connecticut 25682 Travelers Property Casualty Co of America 25674 Statewide Stripes Inc. P.O. Box 600710 San Diego CA 92160 13992910 XA X CO-6K540018-TCT-19 1,000,00003/01/2019 03/01/2020 X 300,000 5,000 1,000,000 2,000,000 X 2,000,000 B 810-8L479476-19-26-G 03/01/2019 03/01/2020 1,000,000 X X X XB CUP-7K161317-19-26 03/01/2019 03/01/2020 9,000,000 X 9,000,000 B X UB009M763376 01/01/2019 01/01/2020 X 1,000,000 Y 1,000,000 1,000,000 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 Additional Remarks Schedule (Continued from Page 1) Additional Remarks Schedule-Con't Client Code: STATESTR8 SID: 13992910 notice of cancellation and will be given to the Certificate Holder by the Insurance Carrier where required by written agreement. Per Project aggregate limit apples as respects general liability. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 CO-6K540018-TCT-19 CO-6K540018-TCT-19 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 810-8L479476-19-26-G 810-8L479476-19-26-G City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 810-8L479476-19-26-G