HomeMy WebLinkAboutB W Drywall Inc; 2020-08-31; PWM21-1243FACDocuSign Envelope ID: D599547B-3326-4C95-9A6E-D89945573941
DOC# 2020-0720790
II 1 0101101 10110111101110111111101101111111101101111
Nov 17, 2020 11:28 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 2
RECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
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 Sept. 21, 2020.
6. The name of the contractor for such work or improvement is B W Drywall, 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. PWM21-1243FAC; Project Name: City of
Carlsbad Public Safety Center Improvements Project —Selective Drywall Work.
8. The street address of said property is 2560 Orion Way, in the City of Carlsbad.
CITY OF CARLSBAD
()e
Geoff Patnoe, Assistant City Manager
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Carl,sbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the
City Manager of said City on W o , 2020, 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 1\2 04 , 2020, at Carlsbad, California.
CITY OF CARLSBAD
-BARBARA ENGLESON
City Clerk
Q:\Public Works\Fleet and Facilities\Facilities Engineering\1 ACTIVE PROJECTS\Safety Center - Renovation (2021), CIP 4715\9. Close out Documents \Drywall
Project - BW Drywall
DocuSign Envelope ID: D599547B-3326-4C95-9A6E-D89945573941
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
B W Drywall, Inc. has completed the contract work required for CIP 4715 City of Carlsbad Public
Safety Center Improvements — Selective Drywall Work - PWM21-1243FAC. City forces have
inspected the work and found it to be satisfactory. The work consisted of:
IMPROVEMENTS VALUE
Drywall removal, replacement and painting labor $4,911.33
Drywall and painting materials $536.34
TOTAL VALUE $5,447.67
CERTIFICATION OF COMPLETION OF IMPROVEMENTS
10/19/2020
John Maasholf, Engineering Manager 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\Fleet and Facilities\Facilities EngineeringVI ACTIVE PROJECTS \Safety Center - Renovation (2021), CIP 4715\9. Close out Documents \Drywall Project - BW
Drywall
PWM21-1243FAC
SAFETY CENTER - SELECTIVE DRYWALL WORK CONT. NO. 4715 Page 1 of 6 City Attorney Approved 1/25/2019
CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SAFETY CENTER - SELECTIVE DRYWALL WORK; PROJECT. NO. 4715
This agreement is made on the ______________ day of _________________________, 2020, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and B W Drywall, Inc., a California corporation whose principal place of business is 4025 Baldwin Lane, Carlsbad, CA 92008 (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: Steven Stewart (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.
DocuSign Envelope ID: 5B88FD75-5666-44C0-9850-1D18DFAC738C
31st August
PWM21-1243FAC
SAFETY CENTER - SELECTIVE DRYWALL WORK CONT. NO. 4715 Page 2 of 6 City Attorney Approved 1/25/2019
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: ___________________________________
Print Name: ___________________________________
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.
Brad Scott Wilson
DocuSign Envelope ID: 5B88FD75-5666-44C0-9850-1D18DFAC738C
PWM21-1243FAC
SAFETY CENTER - SELECTIVE DRYWALL WORK CONT. NO. 4715 Page 3 of 6 City Attorney Approved 1/25/2019
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, d amages, 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 five (5) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed.
CONTRACTOR’S INFORMATION.
B W DRYWALL, INC., a California corporation 4025 Baldwin Lane (name of Contractor) 794236
(street address) Carlsbad, CA 92008
(Contractor’s license number)
C9 / 12/31/2020
(city/state/zip)
760-727-7838
(license class. and exp. date)
PW-LR-1000539545
(telephone no.)
(DIR registration number)
06/30/2021
(fax no.)
office@bwdrywall.net (DIR registration exp. date) (e-mail address)
// // // // // // // // // //
DocuSign Envelope ID: 5B88FD75-5666-44C0-9850-1D18DFAC738C
PWM21-1243FAC
SAFETY CENTER - SELECTIVE DRYWALL WORK CONT. NO. 4715 Page 4 of 6 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 B W DRYWALL, INC.,
a California corporation
CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here) 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: _____________________________ Assistant City Attorney
Brad Scott Wilson, CEO, Secretary, CFO
DocuSign Envelope ID: 5B88FD75-5666-44C0-9850-1D18DFAC738C
PWM21-1243FAC
SAFETY CENTER - SELECTIVE DRYWALL WORK CONT. NO. 4715 Page 5 of 6 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: 5B88FD75-5666-44C0-9850-1D18DFAC738C
NONE
NONE
NONENONENONE NONE
PWM21-1243FAC
SAFETY CENTER - SELECTIVE DRYWALL WORK CONT. NO. 4715 Page 6 of 6 City Attorney Approved 1/25/2019
EXHIBIT B Safety Center - Selective Drywall Work JOB QUOTATION Summary of Work Drywall cutting and removal for an estimated 360 square feet, minus window space. Demo about 12ft in length of drywall on the East side of the room and about 28ft in length on the North side of the room up to the ceiling about 9ft high. Demo Gypsum board ceiling in holding area. Insulation to be left in place and no ceiling demo. After observation of façade panels, joints, and connections, B W Drywall will install new drywall, tape, skim coat, patch, and repair areas removed. Paint and clean the area where work was
performed.
ITEM NO. UNIT QTY DESCRIPTION PRICE
1 hours 56 Prevailing Wage Journeyman time allowance (Hourly rate = $57.63) NTE $3,227.28
2 hours 12 Apprentice time allowance (Hourly rate = $29.98) NTE $359.76
3 Lot 1 Allowance for new building materials (Based on material price + 15% markup) NTE $2,500
4 Lot 1 General Conditions
(Billed at rate of $53.57 per hour of Journeyman time)
NTE $3,000
TOTAL (Not to Exceed maximum, justified by time and
material tickets submitted and approved by city on a
daily basis):
NTE $9,087.04
*Includes taxes, fees, expenses and all other costs.
DocuSign Envelope ID: 5B88FD75-5666-44C0-9850-1D18DFAC738C