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HomeMy WebLinkAboutVortex Industries Inc; 2017-10-17; PWM18-50GSCITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CITY HALL / HNS STOREFRONT DOORS PWM18-SOGS This agreement is made on the / / _0.. day of Qc wt.. '1R___, , 2017, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Vortex Industries, Inc,, a California corporation whose principal place of business is 242 Bingham Dr. Ste, #102-104, San Marcos, CA 92069 (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 17732 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, City Hall / HNS Storefront Doors Page 1 of 6 City Attorney Approved 9/27 /16 PWM18-SOGS 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 ubcontractor from participating in contract bidding. Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. City Hall / HNS Storefront Doors Page 2 of 6 City Attorney Approved 9/27/16 PWM18-S0GS 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 ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill VORTEX INDUSTRIES, INC., a California corporation (name of Contractor) 287885 (Contractor's license number) C-17, C-61/D28, C-61/D21 5/31/2018 (license class. and exp. date) 1000002841 (DIR registration number) 6/30/18 (DIR registration exp. date) City Hall/ HNS Storefront Doors Page 3 of 6 242 Bingham Dr. Ste. #102-104 (street address) San Marcos, CA 92069 (city/state/zip) 760-471-7744 (telephone no.) 760-471-7774 (fax no.) kurts@vortexdoors.com (e-mail address) City Attorney Approved 9/27 /16 PWM18-SOGS 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: A ~~ (print name/title) By: (sign here) ~//c,,c J:;,-rr,n,/-~ES'. (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By /4~ Elaine Lukey / Publi~s Director as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !.f..E. 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: -~-------=-------:z~~--~-Deputy City Attorney City Hall/ HNS Storefront Doors Page 4 of 6 City Attorney Approved 9/27/16 PWM18-50GS 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 N/A Total% Subcontracted: ~0°~1/o ____ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. City Hall / HNS Storefront Doors Page 5 of 6 City Attorney Approved 9/27/16 PWM18-SOGS EXHIBIT B City Hall / HNS Storefront Doors Contractor to provide all equipment, materials and labor necessary to install one (1) new glass and aluminum storefront package with door. Installation location to be in the Housing and Neighborhood Services Department corridor of the City Hall Complex located at 1200 Carlsbad Village Dr., Carlsbad CA 92008. Installation to be complete with new aluminum framing, threshold, and side lights. Additional features of the installation to include: Narrow stile framing on door with 1 O" A. D.A. approved bottom rail, prepared for center hung door, door to have electronic rim panic exit device to comply with emergency egress codes and will be access control ready. 1 O" off-set round pull for entry with rim cylinder for manual access from unsecured side. Clear tempered glass. Standard clear anodized finish on aluminum framing. 7' 2" frame height with open transom. Contractor to prep the existing opening with new aluminum framing, secure the glass into place, secure the doors into the opening, install the hardware, adjust the closing speed, align the doors for proper clearance, lubricate all points of friction, and perform their "Standard Quality Assurance Check" to insure safe and proper operation. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Contract base installation with Materials and Labor. $7,396.55 2 LS 1 Option for Power Assist Door Operator/Material and $4,169.80 Labor. TOTAL* $11,566.35 *Includes taxes, fees, expenses and all other costs. City Hall / HNS Storefront Doors Page 6 of6 City Attorney Approved 9/27/16 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 9/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer riahts to the certificate holder in lieu of such endorsement(sl. PRODUCER CONTACT Arthur J. Gallagher & Company NAME: Arthur J. Gallagher & Co. rA~~N.t c • .,. 949-349-9800 I rt.~ ··-·· 949-349-9962 Insurance Brokers of CA Inc. LIC #0726293 E-MAIL 18201 Von Karman Ave Suite 200 Ar.. .... r,,r-ror-, Irvine CA 92612 INSURER($) AFFORDING COVERAGE NAIC # INSURER A ,Old Republic Insurance Company 24147 INSURED VORTIND-01 INSURER B: VORTEX INDUSTRIES, INC. INSURER C: VORTEX COLORADO, INC. INSURER D: 20 Odyssey Irvine CA 92618 INSURER E: - INSURER F: COVERAGES CERTIFICATE NUMBER· 53939456 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 ISUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY y MWZY30779917 7/1/2017 7/1/2018 EACH OCCURRENCE $1,000,000 -D CLAIMS-MADE [ii OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence\ $100,000 MED EXP (Any one person} $5,000 - PERSONAL & ADV INJURY $1,000,000 - GEN"L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 21 POLICY• 0 mg, DLOC PRODUCTS -COMP/OP AGG $2,000,000 OTHER Ultimate Gen Agg $10,000,000 ,./ A AUTOMOBILE LIABILITY MWTB30780017 7/1/2017 7/1/2018 cuMBINED :,IN<.,Ltc LIMI 1 $1,000,000 (Ea accident\ - X ANY AUTO BODILY INJURY (Per person} $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident} $ -HIRED -NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident} $ -- Comp/Coll Ded $250/$500 UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ A WORKERS COMPENSATION y MWC30779817 7/1/2017 7/1/2018 I PER I I OTH- AND EMPLOYERS' LIABILITY X STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under EL. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as additional insured/primary non-contributory on the general liability policy, per the attached forms CG20100413, CG20370413 and CG20010413. Waiver of subrogation applies to the certificate holder on the workers compensation policy, per the attached form WC000313. RE: Work performed by the named insured as required per written contract with respects to City of Carlsbad/CMWD. The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the expiration date. Failure to do so shall impose no obligation or liability of any kind upon the Producer or otherwise alter the policy terms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 -ECM #35050 New York NY 10163-4668 AUTHORIZED REPRESENTATIVE '7'" '/ ' I ;//~ /('/,/.A',-,/ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD \ POLICY NUMBER: MWZY 307799 17 COMMERCIAL GENERAL LIABILITY CG20100413 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 Organization(s) Location(s) Of Covered Operations All persons or organizations as required per written contract or All Locations agreement. 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 1he 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. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: ff 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of2 © Insurance Services Office, Inc., 2012 CG 2010 0413 POLICY NUMBER: MWZY 30779917 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 All persons or organizations as The locations as specified in the required by written contract or written contracts or agreements agreement All Locations 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 Ill -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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20370413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY #: MWZY 30779917 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other rnsurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary lo and will not seek contribution from any other Insurance available to an additional insured under your polfcy provided that: (2) You have agreed in writing in a contract or agreement that this Insurance would be primary and would not seek contribution from any other insurance avallable to the additional Insured. (1) The addlllonal insured Is a Named Insured under such other insurance; and CG20010413 © Insurance Services Office, Inc., 2012 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 POLICY NUMBER: MWC 307798 17 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule AS REQUIRED BY CONTRACT SPECIFICATIONS TO THE EXTENT ALLOWABLE BY LAW THIS FORM IS NOT APPLICABLE IN: CA, TX, UT DATE OF ISSUE: 07/01/2016 © 1983 National Council on Compensation Insurance. INSURED COPY