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HomeMy WebLinkAboutTitan Fire Protection Inc; 2019-08-28; LCA1909LCA #1909 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT DOVE LIBRARY CAFE FIRE SPRINKLERS; CONT. NO. LCA #1909 ($60,000 or Less) T~ RATIFICATION OF AGREEJylENT is entered into as of the l~:r\A.,, day of LAg_lA-';,:::X:: , 20 _f:L but effective as of the 18th day of February, by and between the City of rlsbad, California, a municipal corporation, (hereinafter called "City"), and Titan Fire Protection, a Corporation whose principal place of business is 2880 Scott Street, Suite 105, Vista, CA 92081 (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: Fiona Everett (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. Dove Library Cafe Fire Sprinklers CONT. NO. LCA #1909 Page 1 of 6 City Attorney Approved 1/25/2019 LCA #1909 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: 3i.atf: {)rtJl 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. Dove Library Cafe Fire Sprinklers CONT. NO. LCA#1909 Page 2 of6 City Attorney Approved 1/25/2019 LCA #1909 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 fifteen (15) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within forty-four (44) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Titan Fire Protection, Inc. (name of Contractor) C16-989280 (Contractor's license number) Cl b-12 3J :J-1 (license class. and exp. date) I OD oo /(;ep3 / 2880 Scott Street, Suite 105 (street address) Vista, CA 92081 (city/state/zip) 760-295-3436 (telephone no.) NIA (DI~ rj;_i~1t~~/ number) (fax no.) v L;? 'f_!r edunsmore@titanfpinc.com (DIR registration exp. date) (e-mail address) 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 Titan Fire Protection, Inc., :~orporati~ (sign here) 5~ U{'U) /P«s1cllttr (print name/title) By ~ t_J(signherej Ed lJJtW d:rcwL -v, u O«nc/JJ.t (print name/title) Dove Library Cafe Fire Sprinklers CONT. NO. LCA #1909 CITY OF CARLSBAD, a municipal corporation of the State of California Assistant City Man , Deputy City Manager or Department Director as authorized by the City Manager BARBARAELES'hvvn. City Clerk Page 3 of 6 City Attorney Approved 1/25/2019 LCA #1909 If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!f...g_ 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: :~uA Ag;;t_[!;omey Assistant City Attorney Dove Library Cafe Fire Sprinklers CONT. NO. LCA #1909 Page 4 of 6 City Attorney Approved 1/25/2019 . LCA #1909 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 NONE Total% Subcontracted: __ O ____ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces Dove Library Cafe Fire Sprinklers CONT. NO. LCA #1909 Page 5 of 6 City Attorney Approved 1/25/2019 EXHIBIT B DOVE LIBRARY CAFE FIRE SPRINKLERS SCOPE OF WORK: LCA #1909 Modifications to existing fire sprinkler system in the Dove Library cafe space. Includes project management, design of fire sprinkler plans, and modifications to existing fire sprinkler system. The proposal and scope of work has been developed in accordance with the NFPA 13 "Standard for the Installation of Sprinkler Systems" and City of Carlsbad policies. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 1 Project Management: • Inspection fees • Facilitate design team during coordination • Attend job site meetings and monitor job progess • Prepare and maintain project paperwork • Facilitate preparation and delivery of As-built drawings at close-out • Attend visual, hydrostatic and final testing with City of Carlsbad inspectors • Perform owner training on system operation if needed 2 1 Project Design/Coordination: • Perform site survey • Prepare submittal drawings • Facilitate on-site review by City of Carlsbad inspectors • Attend coordination meetings and resolve all conflicts associated with the scope of work • Prepare design drawings for listing and fabrication 3 1 Modification to Fire Sprinkler System: • Add pendant fire sprinklers in accordance with the proposed floor and ceiling plan • Pendant fire sprinklers shall be semi-recessed chrome with chrome escutcheons • Fire sprinklers shall be installed in a linear pattern TOTAL* $6,099.00 *Includes taxes, fee's, expenses and all other costs. Dove Library Cafe Fire Sprinklers CONT. NO. LCA #1909 Page 6 of 6 City Attorney Approved 1/25/2019 ACORD® CERTIFICATE OF LIABILITY INSURANCE l DATE (MM/DD/YYYY) ~ 8/20/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~2:i~cT Lesli Ladewia Marsh & McLennan Agency LLC "'•~~NNE,, c .... 920-225-6882 I FAX 2725 South Moorland Road IA/C Nol: 262-785-9753 New Berlin WI 53151 it'D~~ss: lesli.ladewin@marshmma.com INSURER(SI AFFORDING COVERAGE NAIC# INSURER A : Crum & Forster Soecialtv Ins Co 44520 INSURED INSURER B : Ohio Securitv Insurance Comoanv 24082 Titan Fire Protection, Inc. INSURER c : West American Insurance Comoanv 44393 1654 Morrow Street Green Bay WI 54302 INSURER D : Ohio Casualtv lnsuance Comoanv 24074 INSURER E: Evanston Insurance Comoanv 35378 INSURER F: COVERAGES CERTIFICATE NUMBER: 1935704204 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,:~Mg~, POLICY EXP LIMITS LTR •••~n un,n POLICY NUMBER IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY GL0581228 11/8/2018 11/8/2019 EACH OCCURRENCE $2,000,000 ~ :=J CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES IEa occurrence\ $50,000 X 5,000 MED EXP (Any one person) $5,000 ~ PERSONAL & ADV INJURY $2,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 Fl 0PRO-DLoc PRODUCTS -COMP/OP AGG $4,000,000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY BAS57013286 11/8/2018 -11/8/2019 COMBINED SINGLE LIMIT (Ea accident\ $1000000 X ANY AUTO BODIL y INJURY (Per person) $ -ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -X X NON-OWNED ~ROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accidenll --$ D X UMBRELLA LIAB MOCCUR US057013286 11/8/2018 11/8/2019 EACH OCCURRENCE $5,000,000 -EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 OED I X I RETENTION$ 1n Mn $ C WORKERS COMPENSATION XWN56990475 11/8/2018 11/8/2019 X I ~ffrnTE I I OTH-ER AND EMPLOYERS" LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE [fil N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 ~~St~(t-IT~ of'6PERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A Professional Liability GL0581228 11/8/2018 11/8/2019 $2,000,000 Per Claim/Aggregat A Excess Liability SE0103569 11/8/2018 11/8/2019 $1,000,000 Per Claim/Aggregat E Pollution Liability MMAENV001071 7/5/2018 11/1/2019 $2,000,000/$2,000,000 Occ/ Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) TITAN FIRE PROTECTION, INC Location included in coverage: 2880 Scott Street Suite 105 Vista CA 92081 NOTE: US01857013286 Umbrella coverage follows form extends over the Automobile Liability and Workers' Compensation coverages only with $5,000,000 occurrence and aggregate limits. SE0102149 Umbrella Extends over the General Liability with $1,000,000 occurrence and aggregate limits. Re: LCA Contract #1909, Dove Library Cafe Fire Sprinklers. City of Carlsbad is included as additional insured for general liability and automobile liability, for work performed by the named insured, if required by written contract. Per the cancellation clause contained in the policies noted on this certificate, the policy provisions include at least 30 days notice of cancellation except for non-payment of premium. CERTIFICATE HOLDER City of Carlsbad, California, A Municipal Corporation 1775 Dove Lane Carlsbad CA 92011 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD / j / POLICY NUMBER: GLO-581228 COMMERCIAL GENERAL LIABILITY CG 20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 Orqanization(s) Location(s) Of Covered Operations it\ny person or organization you have agreed in a written contract to add ~ocations and operations covered under this policy when required by as an additional insured on your policy provided the written contract is ~ritten contract executed prior to the "bodily injury", "property ~xecuted prior to the "bodily injury", "property damage" or "personal and ~amage" or "personal and advertising injury'' advertising injury'' 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. 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. CG 2010 07 04 -001 © ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIAL AUTO CA 88 66 0513 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED -NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. Schedule Name of Person(s) or Organization(s): Any person or organization you have agreed in written contract to add as an additional insured on your policy provided the written contract is executed prior to the "bodily injury" or "property damage" Regarding Designated Contract or Project: See above Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. © 2013 Liberty Mutual Insurance. All rights reserved. CA 88 66 0513 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1