HomeMy WebLinkAboutVortex Industries Inc; 2016-05-12; PWM16-82UTILCARLSBAD MUNICIPAL WATER DISTRICT
MINOR PUBLIC WORKS CONTRACT
CMWD YARD MOTORIZED GATE OPERATOR INSTALLATION
PWM16-82UTIL
This agreement is made on the \l ~ day of \\.~'-{ , 2016, by the
Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and
a Subsidiary District of the City of Carlsbad, hereinafter referred to as "CMWD", and Vortex Industries, Inc.,
a California corporation whose principal place of business is 242 Bingham Drive #1 02-104, San Marcos,
CA 92069 (hereinafter called "Contractor").
CMWD 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:
Don Wasko
(CMWD 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. The contractor to whom the contract is
awarded 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.
The Prime 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 CMWD's "duly authorized officer" for the purposes of section 4107 and
4107.5.
Tile 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.
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OPERATOR INSTALLATION Page 1 of 6 General Counsel Approved 10/6/15
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FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to CMWD 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
CMWD to disqualify the Contractor or subcontr or fro~ .. ~~icipating in contract bidding.
Signature: '1/(/i.J
Print Name:
REQUIRED INSURANCE. The successful contractor shall provide to CMWD, 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 CMWD 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
inju1·y 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 CMWD prior to such cancellation.
The policies shall name CMWD as additional insured. The full limits available to the named insured shall
also be available and applicable to CMWD as an additional insured.
WORKERS COMPENSATION AND EMPLOYER'S LIABILITY. Worker's 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.
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iNDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless CMWD and the City of Carlsbad, and its officers, officials, employees and volunteers, 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 CMWD or City of Carlsbad. 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 ten (1 0) working days after receipt of Notice to Proceed.
Completion:
to Proceed.
Contractor agrees to complete work within thirty (30) working days after receipt of Notice
CONTRACTOR'S INFORMATION.
Vortex Industries, Inc.
(name of Contractor)
287885
(Contractor's license number)
C-61/028, C17, C61/D21 -5/31/2016
(license class. and exp. date)
1000002841
(DIR registration number)
6/30/2016 -----·=-_..::.:_=-.::.:_=-:__:-=-.__--,---,-----
(DIR registration exp. date)
Ill
Ill
Ill
Ill
I I I
I II
CMWD YARD MOTORIZED GATE
OPERATOR INSTALLATION Page 3 of 6
242 Bingham Drive, #1 02-104
(street address)
San Marcos, CA 92069
(city/state/zip)
760-471-7744
(telephone no.)
760-471-7774
(fax no.)
(e-mail address)
General Counsel Approved 10/6/15
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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
VORTEX INDUSTRIES, INC., a California
corporation
By: ~~ ~ ;') ~~ ~ •.
(sign here) 4
(print name/title)
--&t.. YALA:z -·w ~
(print name/title)
CARLSBAD MUNICIPAL WATER DISTRICT
Patrick A. Thoma9/ Public Works Director
as authorized by the Executive Manager
If required by CMWD, proper notarial acknowledgment of execution by Contractor must be attached . .!f.._§.
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: :rf;{;.t?LU~~':>.,
Deputy General Counsel '"
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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
W"'·~~~ j Portion of Project to Business Name and Address DIR Registration
~ be Subcontracted
~"-··-··-·-" ~~i!l!:>lL I (l c~~tL--
! I i I g
~~
fJ ! ~
' -
............, __
Total% Subcontracted: 0
CMWD YARD MOTORIZED GATE
OPERATOR INSTALLATION
No.
Page 5 of 6
License No., %of
Classification & Total
Expiration Date Contract
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EXHIBIT B
JOB QUOTATION
ITEM UNIT QTY DESCRIPTION PRICE
NO.
I Furnish, deliver and install new gate operator to existing I 1 1 gate to CMWD yard between public and CMWD parking i I lots. $9,540
i Furnish, deliver and install new RFID readers (50
2 1 vehicle tags) and program new software for new gate
operator to CMWD yard between public and CMWD
parking lots. $6,500
t TOTAL* $16,040
*Includes taxes, fees, expenses and all other costs.
CMVVD YARD MOTORIZED GATE
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