HomeMy WebLinkAboutSiemens Industry Inc; 2017-12-15; PWM18-75UTILRECORDED REQUESTED BY
CITY OF CARLSBAD
AND WHEN RECORDED PLEASE
MAIL TO:
DOC# 2020-0473822
1111111111111111111111111111111111111111111111111111111111111111111
Aug 21, 2020 09:46 AM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PAGES: 1
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
Space above this line for Recorder's use.
PARCEL NO:
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 Jan. 25 2018.
6. The name of the contractor for such work or improvement is Siemens Industry, 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. PWM18-75UTIL, Project Name: Road Video
Detection on Avenida Encinas at Palomar Airport Road.
8. The street address of said property is on the corner of Avenida Encinas and Palomar Airport Road, in the City
of Carlsbad.
CITY OF CARLSBAD
C_C _
Geoff Patnoe, Assistant City Manager
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk / Secretary of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California,
92008; the City Manager of said City on , 20 I-6, accepted the
above described work as completed and ordere_dhhat a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on 17 20 ?0, at Carlsbad, California.
CITY OF CARLSBAD
ARA ENGLESON
City Clerk
Q: \ Public Works \PW Common \OO_PW Formally Approved Documents \NOCs and APIs \BEAR ELECTRICAL SOLUTIONS \NOG - Siemens Industry, Inc.doc
Road Video Detection Installation
$6,120.00
CERTIFICATION OF COMPLETION OF IMPROVEMENTS
Engineering ager Date
CITY OF CARLSBAD
ACCEPTANCE OF PUBLIC IMPROVEMENTS
COMPLETION OF PUBLIC IMPROVEMENTS
Siemens Industry, Inc., has completed the contract work required for PWM18-75UTIL - Road
Video Detection on Avenida Encinas at Palomar Airport Road. City forces have inspected the
work and found it to be satisfactory. The work consisted of:
IMPROVEMENTS VALUE
CITY MANAGER'SACCEPTANCE 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.
L/1.---) (1-.6
Geoff Patnoe, Assistant City Manager Date
APPROVED AS TO FORM:
CELIA BREWER, City Attorney
By:
Dcputy City Attorney
1°556-14„,r7
Q:\PubIic Works \ PW Common \ 00_PW Formally Approved Documents \ NOCs and APIs \ BEAR ELECTRICAL SOLUTIONSAAPI - Siemens Industry, Inc.doc
PWM18-75UTIL
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
AVENIDA ENCINAS AND PALOMAR AIRPORT ROAD VIDEO DETECTION
CONT. NO. 3492
This agreement is made on the \~ kb. day of 1)e.ce M ~V' , 2oll, by the
City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Siemens Industry, Inc.,
a Delaware corporation whose principal place of business is 1820 John Towers Ave, Suite "A", El Cajon,
CA 92020 (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: Tam Tran (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.
Ave. Encinas & PAR Video Detection;
Cont. No. 34921 Page 1 of 6 City Attorney Approved 9/27/2016
PWM18-7SUTIL
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 prevente further bidding on
public contracts for a period of up to five years and that debarment b er ju · iction is grounds for
the City of Carlsbad to disqualify the Contrrctor or subcontraelQ~Ol',A~fiicip ~--g 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.
Ave. Encinas & PAR Video Detection;
Cont. No. 34921 Page 2 of 6 City Attorney Approved 9/27/2016
PWM18-75UTIL
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 §_working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within 1Q working days after receipt of Notice to Proceed.
CONTRACTOR'S INFORMATION.
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Siemens Industry, Inc.
(name of Contractor)
758796
(Contractor's license number)
02/28/2019
(license class. and exp. date)
1000002447
(DIR registration number)
6/30/2018
(DIR registration exp. date)
Ave. Encinas & PAR Video Detection;
Cont. No. 34921 Page 3 of 6
1820 John Towers Ave., Suite A
(street address)
El Cajon, CA 92020
(city/state/zip)
619-562-1104
(telephone no.)
N/A
(fax no.)
christina.hlavac@siemens.com
(e-mail address)
City Attorney Approved 9/27/2016
PWM18-7SUTIL
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, SIEMENS INDUSTRIES,
INC. a Delaware corporation
By:
CITY OF CARLSBAD, a municipal corporation
of the State of California
By: tf~
Elaine Luke;/ :u~~ Director
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. [_§
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:
Deputy City Attorney
Ave. Encinas & PAR Video Detection;
Cont. No. 34921 Page 4 of 6 City Attorney Approved 9/27/2016
PWM18-75UTIL
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: -------
The Contractor must perform no less than fifty percent (50%) of the work with its own forces.
Ave. Encinas & PAR Video Detection;
Cont. No. 34921 Page 5 of 6 City Attorney Approved 9/27/2016
PWM18-75UTIL
EXHIBIT B
Contractor will provide all labor, equipment and materials necessary to install new city supplied wiring and
Wavetronix vehicle detection system on the signal mast arm.
All work shall be performed in accordance with the City of Carlsbad's Engineering Standards, the 2015
Standard Specifications for Public Works Construction (Greenbook), 201 0 Caltrans Standard plans and
Caltrans Specifications.
JOB QUOTATION
ITEM UNIT QTY DESCRIPTION PRICE
NO.
1 LS 1 Install wiring and Wavetronix detection system on all $6,120.00
mast arms at the Avenida Encinas and Palomar Airport
Road signalized intersection.
TOTAL* $6,120.00
*Includes taxes, fees, expenses and all other costs.
Ave. Encinas & PAR Video Detection;
Cont. No. 34921 Page 6 of 6 City Attorney Approved 9/27/2016
SIEMENS
November 20, 2017
Mark Sullivan
Project Manager
MJS Consulting
3838 Camino Del Rio N #250
San Diego, CA 92108
858-201-0027
RE: Avenida Encinas/ PAR -Wavetronix Detection System Install
Dear Mr. Sullivan:
Exhibit "B"
Siemens Industry Inc.
1820 John Towers Ave. Suite A
El Cajon, California 92020
619.562.1104 Office
855.710.9156 Fax
www.usa-siemens.com/mobility
We offer to perform the following work, on the terms and conditions stated below, and at the prices shown, as
follows:
As per your request, Siemens to pull wire at the location of Avenida Encinas & Palomar Airport Rd., install wiring
and Wavetronix detection system on Mast Arm. City of Carlsbad to supply all material including wire and
Wavetronix detection system. MJS will need to be set up in Siemens system as new customer under Net 30
Terms.
TOTAL LABOR, EQUIPMENT, AND MATERIAL: $ 6,120.000
This proposal is an estimate, if unexpected problems arise we will notify you before we proceed and a change
order for the extra work will be provided. Additionally, the price listed above does not include any bond or permit
fees.
This offer shall expire 60 days from the date hereof and may be withdrawn by us at any time prior thereto with or
without notice. This offer supersedes any prior offers, commitment or orders, contains all terms, conditions and
warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall
not be modified except by formal written amendment. This offer shall be accepted by delivery to us of a copy of
this offer duly signed by you in the space provided.
The foregoing offer is hereby accepted this ___ day of ___ ___,J 2017.
MJS CONSULTING SIEMENS INDUSTRY INC.
By: ________ _ Christina Hlavac
Title: ________ _ Service Operations Coordinator