Loading...
HomeMy WebLinkAboutVortex Industries Inc; 2018-02-14; PWL18-104UTILTRACKING# PWL 18-104UTIL CARLSBAD MUNICIPAL WATER DISTRICT PUBLIC WORKS LETTER OF AGREEMENT SECURITY GATE REPAIR AT MAERKLE RESERVOIR This letter will serve as an agreement between Vortex Industries, Inc., a California corporation (Contractor) and the Carlsbad Municipal Water District (District). The Contractor will provide all equipment, material and labor necessary to repair security gate at Maerkle Reservoir, per Exhibit A and City specifications, for a sum not to exceed two thousand one hundred thirty-five dollars ($2, 135). This work is to be completed within thirty (30) working days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City of Carlsbad and the District, and their agents, 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 this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the District; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the District. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers' Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the Executive Manager. Said policies shall name the City of Carlsbad and the District as an additional insured. The full limits available to the named insured shall also be available and applicable to the City and the District as an additional insured .. Insurance is 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. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the District. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4 California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code s~50, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. ~r, ~ init -+~++--............ init 6. The Contractor hereby acknowledges that debarment by another jurisdiction l& Qrounds for Carlsbad to disqualify the Contractor from participating in contract bidding . .,..~__.,jnit 7. 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. SECURITY GATE REPAIR AT MAERKLE RESERVOIR -1 -General Counsel Approved 2/29/16 TRACKING# PWL18-104UTIL 8. 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 the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of 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 the execution of the work covered by this Letter of Agreement. 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. 9. City Contact: Eric Sanders. 760-438-2722 x7151. eric.sanders@carlsbadca.gov Contractor Contact: Desiree Snyder, 760-471-7744. desirees@vortexind.com CONTRACTOR VORTEX INDUSTRIES, INC., a California corporation 242 Bingham Drive, #102-104 San Marcos, CA 92069 P: 760-471-7744 F: 760-471-7774 desirees@vortexind.com (sign here) 1 f Brian Bailey -Vice President By: (print name/title) 0}Jti~ (sign1iere) Stacey Muto -Assistant Secretary (print name/title) CARLSBAD MUNICIPAL WATER DISTRICT By: Dated: If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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, General Counsel BY: ~~ SECURITY GATE REPAIR AT MAERKLE RESERVOIR -2-General Counsel Approved 2/29/16 TRACKING# PWL 18-104UTIL EXHIBIT A Contractor will furnish and install new loop wiring and re-seal into position. We will secure and test for proper operation. Perform our standard quality assurance and safety check. INCLUDES the following: 1. Vortex Exclusive ninety /90) day Limited Warranty on labor. 2. Vortex Exclusive one /1 \ year warranty on all new material. 3. Work to be scheduled during regular business hours (M-F 7:30a-4:30p) unless otherwise stated. 4. Removal and disposal of damaged material. DOES NOT INCLUDE the following: 1. Any hidden conditions or damage. 2. Any finish paint. 3. Any item not called out above. JOB QUOTATION . ITEM UNIT.< QTY · DESCRIPTION ... ··· NO. , .'. ... ·.·.· · < > -: , .·.. "" ( ; ., ·..•.. . . LS 1 Furnish and install new loop wiring and re-seal into position. TOTAL* *Includes taxes, fees, expenses and all other costs. PRICE !',• _", : $2,135 $2,135 SECURITY GATE REPAIR AT MAERKLE RESERVOIR - 3 -General Counsel Approved 2/29/16 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. Gallaqher & Company NAME: Arthur J. Gallagher & Co. P~2N,_t ~ .• ,. 949-349-9800 I F(\~ ··-·· 949-349-9962 Insurance Brokers of CA Inc. LIC #0726293 E-MAIL 18201 Von Karman Ave Suite 200 Anni,,cc,c,. Irvine CA 92612 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A ,Old Republic Insurance Company 24147 INSURED VORTIND-01 INSURERS: VORTEX INDUSTRIES, INC. INSURERC: VORTEX COLORADO, INC. INSURERD: 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 " POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y MWZY30779917 7/1/2017 7/1/2018 EACH OCCURRENCE $1,000,000 -D CLAIMS-MADE Q 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 $1Q,000,000 / A AUTOMOBILE LIABILITY MWTB30780017 7/1/2017 7/1/2018 >t)~INGLt: LIMI 1 (Ea acciden $1,000,000 - X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON-OWNED iP~?~~c~le~tfAMAGE $ AUTOS ONLY AUTOS ONLY Comp/Coll Ded $250/$500 UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION y MWC30779817 7/1/2017 7/1/2018 x I ~ffTuTE I I OTH-ER AND EMPLOYERS" LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A 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 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 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 I ;J'~//c-/ ,/.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 30779917 COMMERCIAL GENERAL LIABILITY CG 2010 0413 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 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 oovered 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: 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 Dedarations. Page 2 of2 © Insurance Services Office, Inc., 2012 CG 2010 0413 POLICY NUMBER: MWZY 307799 17 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 perfonned for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional iisured 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 iisurance 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. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY # : MWZY 307799 17 COMMERCfAL 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 Insurance 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 policy provided that: (2) You have agreed in w/'lting In a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to 1he 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: MWC30779817 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