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HomeMy WebLinkAboutChris R. Sperbeck Inc dba Doorworkx; 2021-07-14; PWM21-1464FACDocuSign Envelope ID: 08BF66A0-2928-43A4-A62C-8BA5239294CC DOC# 2022-0100354 11110111111110111111111111111$11111111111111111111111 Mar 07, 2022 11:54 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 1 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 Sep. 7, 2021. 6.The name of the contractor for such work or improvement is Chris R. Sperbeck, Inc. dba Doorworkx. 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. PWM21-1464FAC, Project Name: Fleet Maintenance Electronic Gate Installation. 8.The street address of said property is 2480 Impala Drive, Carlsbad, CA 92010, in the City of Carlsbad. CITY OF CARLSBAD 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 2/Zit , 20 22 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 , 20 at Carlsbad, California. CITY OF CARLSBAD FAVIOLA MEDINA City Clerk Services Manager Q:\Public Works\General Services1Agreements & Contracts\DoorWorkXIFleet Maintenance Electronic Gate Installation - PWM21-1464FAC\5. NOC12.NOC - Fleet Maintenance Electronic Gate Installation - PWM21-1464FAC.docx DocuSign Envelope IL): 08l3F66A0-2928-43A4-A62C-8BA5239294CC CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Chris R. Sperbeck, Inc. dba Doorworkx has completed the contract work required for PWM21- 1464FAC - Fleet Maintenance Electronic Gate Installation. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Fleet Maintenance Electronic Gate Installation $37,134.36 CERTIFICATION OF COMPLETION OF IMPROVEMENTS 2/22/2022 John Maashoff, Public Works 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. c)_( Geoff Patnoe, Assistant City Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By: Assistant City Attorney QAPublic Works\General ServiceslAgreements & ContractslDoorWorkX1Fleet Maintenance Electronic Gate Installation - PWM21-1464FACI5. NOCO.API - Fleet Maintenance Electronic Gate Installation -PWM21-1464FAC.docx DocuSign Envelope ID: 89CC9595-2B22-4479-88B7-54BE17823BD1 8/17/2021 8/17/2021 8/17/2021 8/17/2021 ProjL t: PWM21-1464FAC -Fleet Maintenance Electronic Gate Installation Ch ge Order No . 01 CONTRACT CHANGE ORDER NO. 01 PR DJECT: Fleet Maintenance Electronic Gate Installation PWM21-1464F AC Chris R. Sperbeck, Inc. d.b.a. Doorworkx 1046 Commerce Street Suite "G" San Marcos, CA 92078 P.O. NO. P140133 ThJ Contractor is directed to make the following changes as described herein. Changes shall include all abor, materials, equipment, contract time extension, and all other goods and services required to im dement this change. Payment stated on this change order includes all charges, direct or indirect, ari. ing out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime prE mium costs and is expressly agreed between the City and the Contractor to be the complete and fin:il costs hereof. The requirements of the specifications, where pertinent and not in conflict with this ch,mge order, shall apply to these changes. Pu suant to the Standard Specifications for Public Works Construction , perform the following: I tern 1: Cut existing asphalt to accommodate a trench from the master gate operator to the southeast corner of the Fleet Maintenance building, install 4 ea. ¾" conduits, backfill, compact, and replace asphalt. TC•TAL INCREASE TO CONTRACT COST .................................................... $3,275.00 Tl VIE FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE IN CREASED AS A RESULT OF THIS CHANGE ORDER. R~:COMMENDED BY: _I~ NICIPAL PROJECTS MANAGER (DATE) ~ (DATE) A PROVED AS TO FORM: (DATE) APPROVED BY: ---=i>, << -CONTRACTOR DEPARTMENT HEAD D STRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR s3S::::? $'-/6-2o~ I (DATE) (DATE) DocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 July14th PWM21-1464FAC CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FLEET MAINTENANCE ELECTRONIC GATE INSTALLATION This agreement is made on the ______ day of ___________ , 2021 , by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"}, and Chris R. Sperbeck, Inc., a California corporation d.b.a. Doorworkx, whose principal place of business is 1046 Commerce Street, Suite G, San Marcos, CA 92078 (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: Brian Bacardi (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. Fleet Maintenance Electronic Gate Installation Page 1 of 13 City Attorney Approved 1/25/2019 DocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 PWM21-1464FAC 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 =rticipating in contract bidding. Signature: ~ 5 t ~ Print Name: Chris R. Sperbeck 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-:Vll"; 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. Fleet Maintenance Electronic Gate Installation Page 2 of 13 City Attorney Approved 1/25/2019 DocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 PWM21-1464FAC 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 thirty (30) 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. Ill Ill Ill Ill Ill Ill Ill Chris R. Sperbeck, Inc. d.b.a . Doorworkx (name of Contractor) 783544 (Contractor's license number) C-61 /028 5/31/2022 (license class. and exp. date) 1000041522 (DIR registration number) 6/30/2022 (DIR registration exp. date) Fleet Maintenance Electronic Gate Installation Page 3 of 13 1046 Commerce Street, Suite G (street address) San Marcos, CA 92078 (city/state/zip) 760-510-1043 (telephone no.) 760-471 -7710 (fax no.) doorsfixed@yahoo.com (e-mail address) City Attorney Approved 1/25/2019 DocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 PWM21-1464FAC 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 Chris R. Sperbeck, Inc., a California corporation d.b.a. Doorworkx By · ~r:: i:c?~ (sign here) Chris R. Sperbeck, President, Secretary & CFO (print name/title) (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f...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: CELIA A. BREWER, City Attorney BY:_~-"----+.,,----- Assistant City Attorney Fleet Maintenance Electronic Gate Installation Page 4 of 13 City Attorney Approved 1/25/2019 DocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 PWM21-1464FAC 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 Total% Subcontracted: ---ft--- The Contractor must perform no less than fifty percent (50%) of the work with its own forces. Fleet Maintenance Electronic Gate Installation Page 5 of 13 City Attorney Approved 1/25/2019 DocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 PWM 21-1464FAC EXHIBIT B Fleet Maintenance Electronic Gate Installation Contractor to provide all labor, equipment and materials to remove existing chain link fence and install new fencing and electronic gate system as outlined in the contractor's proposal dated Aug. 21 , 2020. JOB QUOTATION ITEM . UNIT · 'otv . .,· ··_· :;,+Hi ·· DESCRIPTION .. '·PRtce ·· .... NO. 1 LS 1 Install electronic gate system $33,859.36 TOTAL* $33,859.36 *Includes taxes, fees, expenses and all other costs. Fleet Maintenance Electronic Gate Installation Page 6 of 13 City Attorney Approved 1/25/2019 DocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 DOORWORKX 1046 Commerce Street, Suite G San Marcos, CA 92078 760-510-1043 Fax 760-471-7710 DOORSFIXED@YAHOO.COM Name/ Address City of Cnrlsbnd Sh ip To FLEET A TIN: Accounts Pnynble 1635 Faraday Ave Carlsbad, CA 92008 2480 IMP ALA DRIVE CARLSBAD, CA Description THE FOLLOWING PRICING IS TO HA VE DOORWOR.KX PERFORM THE FOLLOWING- REMOVE EXISTING GA TE SYSTEM, INSTALL NEW LEAD POSTS 40' APART, EXTEND GATE OPENING ABOUT 24' INTO YARD ALLOWJNG AREA FOR VEHICLES TO PULL UP TO CENTER WITHOUT BEING IN THE STREET. NEW STA TJONAR Y FENCING WOULD HA VE 2EA NEW LEAD POSTS INSTALLED 4" POSTS 36'' INTO GROUND BETWEEN EXISTING LEAD POSTS AND NEW LEAD POST LOCATIONS AREA WOULD BE FILLED WITH 7' TALL CHAINLINK ABOUT 80' OF TRACK WOULD BE FABRICATED AND INSTALLED ACROSS 20' OPENING AND 20' PAST EACH OPENING FOR GATES TO OPEN AEIER IRA CK IS TNSIAI I ED NF.W GA IES WOIII.D BE INSTALLED NEW CHAINLINK GA TE WOULD BE FABRICATED OUT OF 2" POSTS AND HA VE CHAINLINK COVERING IT EACH GAIES WQIITD HA VF. ZEA 4" HF.A:ilY DIIIY BQIIOM ROLLERS ALONG WIIH ZEA HEAVY DUTY 8" IDLER ROLLERS ABOVE 2EA 4" BOLLARDS WOULD BE INSTALLED ONE ON EACH SIDE OF CARD READER POST TO PREVENT VEHICLES FROM KNOCKING IT OVER EACH GATE WOULD BE WOULD BE OPERATED WITH lEA LIFT MASTER SL3000 l/2HP COMMERCIAL SLIDE GA TE OPERA TOR FOR SAFETY EACH GA TE WOULD HA VE lEA LIFT MASTER PHOTO EYE FOR CLOSE CYCLE AND lEA LIFT MASTER PHOTO EYE FOR OPEN CYCLE GA TE SYSTEM WOULD ALSO HA VE 2EA SAFETY LOOPS AND I EA EXIT LOOP DOORWORKX WOULD SAW CUT AND RUN TRENCH FOR INSTALLATION OF lEA GOOSNECK NEXT TO EXISTING LEAD POSTS LOCATION FOR INSTALLATION CUSTOMER SUPPLIED CARD READY BY OTHERS. DOORWORX WOULD RUN lEA 3/4" CONDUIT FROM GOOENECK LOCATION TO CENTER OF GATE OPERA TORS PAD. NOTES-GATE OPERATORS WOULD REQUIRE 120V RAN TO GATE OPERATOR LOCATION (BY OTHERS) Total Page 7 of 13 Signature PWM21-1446FAC Exhibit "B" (continued) Date Estimate# 5/12/202] 223901 Terms Project Net30 Total DocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 DOORWORK.X 1046 Commerce Street, Sui te G San Marcos, CA 92078 760-510-1043 Fax 760-471-7710 DOORSFIXED@YAHOO.COM Name/ Address City of Carlsbad A T1N: Acco unts Payable 1635 Faraday Ave Carlsbad, CA 92008 Description Ship To FLEET 2480 IMP ALA DRIVE CARLSBAD, CA TOTAL INCLUDING ALL LABOR (PREY AILING WAGE) MATERIAL, TAXES AND MATERIAL BOND IF NEEDED- DUE TO PRICING INCREASES ESTIMATE ONLY VALID FOR 45 DAYS Total Page 8 of 13 Signature PWM21-1446FAC Exhibit "B" (continued) Date Estimate# 5/12i2021 223901 Terms Project Net30 Total 33,859.36 0.00 $33,859.36 PRODUCT GUIDE SL3000UL AC HIGH-TRAFFIC COMMERCIAL SLIDE GATE OPERATOR P R O D UCT HI G H LI GHTSECURITY+ 2.0® SAFEGUARDS ACCESS WITH AN ENCRYPTED TRI-BAND SIGNAL TO VIRTUALLY ELIMINATE INTERFERENCE AND OFFER EXTENDED RANGE. INHERENT REVERSING SENSOR DETECTS OBSTRUCTIONS AND REVERSES GATE WHEN CLOSING OR STOPS/REVERSES THE GATE WHEN OPENING. PRE-MOTION WARNING ALARM ACTIVATES ON-BOARD ALARM 3 SECONDS PRIOR TO GATE MOTION. MANUAL DISCONNECT WHEN UNLOCKED ALLOWS GATE TO BE OPERATED MANUALLY. QUICK CLOSE AND ANTI-TAILGATE QUICKLY SECURE PROPERTY, PREVENTING UNAUTHORIZED ACCESS. UL® LISTED GATE OPERATORS WITH MONITORED SAFETY ENTRAPMENT PROTECTION DEVICES. SAFE AND SECURE LEGACY ELITE HEAVY-DUTY COMMERCIAL GEAR-DRIVEN TRANSMISSION PROVIDES UNSURPASSED RELIABILITY. LIMIT SWITCH DESIGN PROVIDES PRECISION LIMIT ACCURACY AND RELIABILITY. SURGE SUPPRESSION PROVIDES INDUSTRIAL SURGE AND LIGHTNING PROTECTION AGAINST STRIKES UP TO 50 FEET AWAY. WARRANTY 5 YEARS COMMERCIAL, 7 YEARS RESIDENTIAL. RELIABLE myQ® TECHNOLOGY ENABLES YOU TO SECURELY CONTROL AND MONITOR YOUR GATE OPERATOR FROM ANYWHERE.* WIRELESS DUAL-GATE COMMUNICATION SYNCHRONIZES GATE OPENING/ CLOSING AND ELIMINATES EXPENSIVE DRIVEWAY TRENCHING COSTS. SMART The first choice for heavy-traffic applications. AC HIGH-TRAFFIC COMMERCIAL SLIDE GATE OPERATOR SL3000UL PLUG-IN LOOP DETECTOR Prevents the gate from closing on a vehicle in the path; power efficient for maximum cycles on Battery Backup.EL2000SSTELEPHONE ENTRY FOR COMMERCIAL APPLICATIONS AND GATED COMMUNITIES Mid-capacity telephone entry access control system with Versa XS 4.0 software. INCLUDED ACCESSORIES:LMRRULSAFETY ADD-ONS:LMWEKITU EDGES MONITORED SAFETY ENTRAPMENT EDGES Full line of Small, Large and Wraparound Profile Edges that sense obstructions.LMTBULTOTAL SOLUTION ACCESSORIES: MONITORED SMALL PROFILE RESISTIVE EDGE Pressure-sensitive edge stops and/or reverses gate when obstructed.S505ALLOOPDETLMCONTINUOUS-DUTY, High-Temperature Motor MONITORED RETRO- REFLECTIVE PHOTO EYE Enhanced retro-reflective photo eye now with heater and wider beam, engineered to stay aligned; max. range: 50 ft. MONITORED THROUGH- BEAM PHOTO EYES Enhanced through-beam now with wider beam and heater for high performance in most environments; max. range: 90 ft. MONITORED WIRELESS EDGE KIT Low-energy Bluetooth® connection between a LiftMaster Monitored Resistive Edge and the gate operator; max. range: 130 ft.** **Wireless kit for up to 4 transmitters and 2 resistive edges per transmitter. *Cellular data or Wi-Fi® connection required. Test equipment regularly and follow safety instructions. PWM21-1464FACDocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 LiftMastea: ELITE SERIES' GATE TRAVEL SPEED per second12" SL3000UL AC HIGH-TRAFFIC COMMERCIAL SLIDE GATE OPERATOR CAPACITIES 2,000 Ibs. 1,000 Ibs. 2,000 1,500 1,000 500 0 50 ft. 1 HP 50 ft. 1/2 HP MASTERFUL ENGINEERING. -Continuous-Duty Motor with Class H Insulation Is Rated for High- Cycle, High-Temperature Applications (Available in 1/2 and 1 HP) -Operator Duty Rating: Continuous Duty -Wormgear Reduction: Commercial Oil-Bath Gearbox Providing 30:1 Wormgear Reduction -Chain: #41 Black Oxide (25 ft. Supplied) -Chassis: Constructed with 1/4 in. Gold Zinc-Plated Steel for Rust Prevention -Cover: High-Density, UV-Resistant, 1-Piece Polyethylene Plastic for Excellent Heat and Corrosion Resistance -UL® Usage Classification: I, II, III and IV -Operator Weight: 140 lbs. MECHANICS -115V Single-Phase -Accessory Power: 24VDC 500mA Output -2 Auxiliary Outlets -Optional Kit (3PHCONV) to Convert an Input Voltage of 208/240/480/575VAC to an Output Voltage of 115VAC POWER COMMERCIAL-GRADE DESIGN © 2020 The Chamberlain Group, Inc. All Rights Reserved. LiftMaster, the LiftMaster logo, myQ and the myQ logo are registered trademarks of The Chamberlain Group, Inc. 300 Windsor Drive, Oak Brook, IL 60523 LiftMaster.com UL® and the UL logo are trademarks of UL LLC © 2020 All Rights Reserved. Wi-Fi® is a registered trademark of Wi-Fi Alliance © 2020 Bluetooth SIG, Inc. All rights reserved. HomeLink® and the HomeLink House® logo are registered trademarks of Gentex Corporation LMPAENPGSL3000 1/20 SUPPORT. For Support Tools and Training Videos, Visit LiftMasterTraining.com For More Information on Gate Operators, Visit LiftMaster.com/UL325Gates To Find the Right Perimeter Access Solution for You, Visit LiftMaster.com/Solution-Generator Sales Support: 800.282.6225 Technical Support Center: 800.528.2806 To Order: 800.323.2276 TEMPERATURE SPECIFICATIONS WITHOUT HEATER -4°F (-20°C) to 140°F (60°C) WITH OPTIONAL HEATER (HTRNB) -40°F (-40°C) to 140°F (60°C) SECURITY+ 2.0® ON-BOARD RADIO RECEIVER -Tri-Band 310/315/390 MHz Frequency -Up to 50 Remote Controls (Unlimited with 811LM/813LM) LED DIAGNOSTIC DISPLAY -Simplifies Installation and Troubleshooting PROGRAMMABLE AUXILIARY RELAYS -Make Adding Additional Features Easy HOMELINK® COMPATIBLE -Version 4.0 or Higher* *May require an external adapter depending on the model and year of your vehicle. Visit HomeLink.com for additional information. STANDARD FEATURES. EXTERNAL ALARM RESET BUTTON -Instantly Resets the Built-In Safety Alarm Siren MECHANICAL LIMIT SYSTEM -Maintains Accurate Gate Position Throughout Gate Travel, Even After Using Manual Disconnect MONITORED SAFETY INPUTS -3 Main Board, 3 Expansion Board [SL3000101UL AND SL3000501UL HAVE THE SAME DIMENSIONS] PWM21-1464FACDocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 I II m c@us LiftMastea: ELITE SERIES' DocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 1/ l DocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 EXHIBIT C LABOR AND MATERIALS BOND PWM21-1464FAC Bond No. UCSX372X3935 Premium: $846.00 Final premium based on final contract amount. WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Chris R. Sperbeck, Inc., d.b.a. Doorworkx, (hereinafter designated as the "Principal"), a Contract for: FLEET MAINTENANCE ELECTRONIC GATE INSTALLATION CONTRACT NO. PWM21-1464FAC in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Ccntract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth . NOW, THEREFORE, WE, Chris R. Sperbeck, Inc., d.b.a. Doorworkx, as Principal, (hereinafter designated as the "Contractor"), and United Surety Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty-three thousand eight hundred fifty-nine dollars and thirty-six cents ($33,859.36), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond . Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Harding Community Center Door Replacement Page 12 of 13 City Attorney Approved 1/25/2019 DocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 PWM21-1464FAC In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this _____ 9_th_ day ot _Ju_n_e __________ , 2021 Chris R. Sperbeck, Inc., d.b.a. Doorworkx (SEAL) United Surety Insurance Company (SEAL) (Principal) By:C-c;:;k-S !fl?~ By: ____________ _ (Signature) Kelly A. Specht, Attorney-in-fact (Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF.SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney ~ By: Assistant City Attorney Harding Community Center Door Replacement Page 13 of 13 City Attorney Approved 1/25/2019 DocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 California All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _O_ra_n_ge __________ _ S.S. On June 9 2021 before me, Merla Fregoso, Notary Public t' personally appeared __ K_el~ly_A_._S~p_ec_h_t __________________ _ N/A a ,1~111;;1 .. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL INFORMATION ------------ Although the mformation in this section 1s not reqwred by law ,t could prevent fraudulent remova, and reattacnment of this acknowledgment to an unauthorized document and may prove useful to persons reIy1ng on the a1tacned docu,rie 1t Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ________ _ Payment Bond No. UCSX372X3935 containing __ 2_ pages, and dated June 9 2021 , The signer(s) capacity or authority is/are as: D lndividual(s) D Attorney-in-fact D Corporate Officer(s) _____________ _ □ Guardian/Conservator D Partner -Limited/General D Trustee(s) □ Other: ________________ _ representing: _______________ _ · "{ ·· · Additional Information -- _ Method of Signer Identification Proved to me on the basis of satisfactory evidence: D form(s) of identification D credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: ________ _ Other D Additional Signer D Signer(s) Thumbprints(s) □------------- 21109-201 ° Notary Lt:.arni1g Cente, All Rt~hts R ed >LI .an p, ir r 1• L € 01 t r n DocuSign Envelope ID: F96C7A35-F527-4287-9B9E-117FA7EE1819 D UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company POWER OF ATTORNEY Agency No. 171372 KNOW ALL MEN BY THESE PRESENTS: That United Casualty and Surety Insurance Company, a corporation of the State of Nebraska, and US Casualty and Surety Insurance Company and United Surety Insurance Company, assumed names of United Casualty and Surety Insurance Company (collectively, the Companies), do by these presents make, constitute and appoint: Kelly A. Specht, Kandis Gregory, Richard P. Ford, Thomas C. Buckner, Michael Herranen, Bethany Mercer, William Belpedio its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in Its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety. This Power of Attorney shall expire without further action on December 31", 2023. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the 1" day of July, 1993: Resolved that the President, Treasurer, or Secretary be and they are hereby authorized and empowered to appoint Attorneys-in-Fact of the Company, in its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons. That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed, this 15th day of February, 2021. Corporate Seals UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company Commonwealth of Massachusetts County of Suffolk ss: On this 15th day of February, 2021, before me, Thomas P. Carrigan, Jr., a notary public, personally appeared Joel R. Chachkes, Treasurer of United Casualty and Surety Insurance Company, US Casualty and Surety Insurance Company and United Surety Insurance Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within Instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph Is true and correct. WITNESS my hand and seal. _______, ------------------- ~,,, ,., /? @) THOMAS P.CARRIGAN, JR, L. /~ (Seal) NollryPubllc,Cctnmoowealtllof Massachusells Thomas P. Carrigan, Jr., Notary Publ,{ Commission Expires: 10/31/2025 My Commission Expires Octoller 31, 2025 I, Robert F. Thomas, Chief Operating Officer of United Casualty and Surety Insura nce Company, US Casualty and Surety Insurance Company and United Surety Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still In full force and effect; furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Boston, Massachusetts this __ 9_t_h ___ .day of June Corporate Sea Is 2021 Robert F. Thomas, Chief Operating Officer TO CONFIRM AUTHENTIOTY OF THIS BONO OR DOCUMENT EMAIL: CONFIRMBONO@UNITEOCASUALTY COM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 040306 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. % of the California workers' compensation premium SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION Any person or organization as required by written contract within states covered under this policy This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The infonnation below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12-01-20 Policy No. WC23528 Endorsement No. Insured Chris R. Sperbeck Inc. Premium $ Incl . Insurance Company Sirius America Ins Co Countersigned By -------------- © 1998 by the Workers' Canpensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual © 1999. POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations As required by written contract executed and signed by all parties prior to the date of loss but only to the extent permitted by law. The insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. As designated in written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations As required by written contract executed prior to the date of occurrence but only to the extent permitted by law and the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. As designated in written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or to which you are obligated by virtue of a written contract to waive your right of recovery. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above.