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HomeMy WebLinkAboutKnorr Systems Inc; 2021-09-01; PKRC21-0830Tracking #: MONROE STREET POOL HEATER REPAIR; CONT. NO. PKRC21-0830 Page 1 of 6 City Attorney Approved 1/22/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT MONROE STREET POOL HEATER REPAIR; CONT. NO. PKRC21-0830 This agreement is made on the ______________ day of _________________________, 20___, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Knorr Systems, Inc. whose principal place of business is 2221 Standard Ave, Santa Ana, CA 92705(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 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: __Chris Gray_______ (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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. Tracking #: MONROE STREET POOL HEATER REPAIR; CONT. NO. PKRC21-0830 Page 2 of 6 City Attorney Approved 1/22/2020 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: ___________________________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification 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 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 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 ,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- s 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. Tracking #: MONROE STREET POOL HEATER REPAIR; CONT. NO. PKRC21-0830 Page 3 of 6 City Attorney Approved 1/22/2020 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 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 15 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 80 working days after receipt of Notice to Proceed. Knorr Systems, Inc. 2221 Standard Ave (name of Contractor) 562312 (street address) Santa Ana, CA 92705 license number) C-61 / 4/30/2023 (city/state/zip) 714-754-4044 (license class. and exp. date) 1000004538 (telephone no.) 714-754-7791 (DIR registration number) 6/30/2022 (fax no.) Tima2@knorrsystems.com (DIR registration exp. date) (e-mail address) Tracking #: MONROE STREET POOL HEATER REPAIR; CONT. NO. PKRC21-0830 Page 4 of 6 City Attorney Approved 1/22/2020 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 CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Rich Robert, VP/General Manager Parks & Recreation Director (print name/title) By: ATTEST: N/A Single Signer (sign here) FAVIOLA MEDINA City Clerk Services Manager (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President 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: _____________________________ Deputy City Attorney Tracking #: MONROE STREET POOL HEATER REPAIR; CONT. NO. PKRC21-0830 Page 5 of 6 City Attorney Approved 1/22/2020 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 be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ Tracking #: MONROE STREET POOL HEATER REPAIR; CONT. NO. PKRC21-0830 Page 6 of 6 City Attorney Approved 1/22/2020 EXHIBIT B SCOPE OF SERVICES Knorr technicians to repair cpn2072 pool heater, as follows; shut down heater & disassemble, Remove & dispose of existing heat exchanger, install new o.e.m. Cupro-nickel heat exchanger with bronze rear header, install new fan assembly, reassemble heater, startup, check air & gas pressure, and test system for proper operation. Sole Source: Knorr has exclusive knowledge of our Lochinvar heaters and control systems which are essential for this project. Contract not to exceed $12,759.38. QUANTITY ITEM NUMBER DESCRIPTION UNIT PRICE EXTENSION CPN2072 POOL HEATER REPAIRS 1 HP-039-00700 ARM1013, FLANGE GASKET 25.00 25.00 1 HP-039-08530 HEAT EXCHANGER CUPRO NICKEL W/7,445.00 7,445.00 1 4061 2-1/2" FLANGE GASKET, NEO 12.00 12.00 1 HP-039-00202 FAN ASSEMBLY 600.95 600.95 1 4041 HOTEL & PER DIEM 240.00 240.00 1 KNORR SYSTEMS SERVICE LABOR 3,160.00 3,160.00 Freight: $12,759.38 626.43 0.00 11,482.95 650.00 Total Sales Tax: Invoice Discount: Subtotal: MATERIAL SAFETY DATA SHEETS (MSDS) AVAILABLE UPON REQUEST. IT IS THE RESPONSIBILITY OF THIS BUSINESS TO WARN ITS CUSTOMERS THAT PRODUCTS SOLD OR USED ON ITS PREMISES MAY CONTAIN CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER OR BIRTH DEFECTS. WARNING - PROPOSTION 65 COMPLIANCE STATEMENT: TOTAL DUE: All returns must be accompanied by an authorization number and shipped freight prepaid or it will not be accepted. RETURNS WILL BE SUBJECT TO A MINIMUM 20% RESTOCK CHARGE AND MUST BE RETURNED WITHIN 30 DAYS OF RECEIPT OF ORDER 18% A.P.R. is charged on all past due invoices. Please include your Customer ID number, which is at the top of this invoice, on the remittance for all checks. Amounts over $10,000 are not eligible for payment by credit card without prior authorization. SOLD TO:SHIP TO: CITY OF CARLSBAD Chris Gray ATTN:CHRIS GRAY 6565 ALICANTE ROAD CARLSBAD, CA 92009 CITY OF CARLSBAD SWIM COMPLEX 3401 MONROE STREET CARLSBAD, CA 92008 PAYMENT TERMSCUSTOMER POCUSTOMER ID NET 30P132724C2017 SHIP DATESHIPPING METHODSALES REP ID DUE DATE 7/21/2021PREPAY AND ADD77 9/27/2021 PWSVI-6778 08/28/21 Page 1 KNORR SYSTEMS, INC. 2221 S. Standard Ave. Santa Ana, CA 92707 * (714)754-4044 * accountsreceivable@knorrsystems.com INVOICE INVOICE NUMBER: INVOICE DATE: Page: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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 rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY B 2,000,000 08/01/2022 MKLV2PBC001196 SCF C67821877 10,000,000 ATL-004437093-20 1,000,000 10,000,000 SCF C67821919 X 20699 10,000,000 Aggregate Atlanta, GA 30326 N X Comp./Coll. Ded.: $1,000 SIR $50,000 Per Occ. 08/01/2021 National Union Fire Ins Co. of Pittsburgh PA 1 08/01/2022 08/01/2021 43575 08/01/2022 CAL H25558030 Excess Umbrella C 4,000,000 20702 2,000,000 (See Additional Page.) 22667 ACE Property And Casualty Ins Co 1,000,000 X E General Liability, Auto Liability, and Employers Liability. A Waiver of Subrogation applies in favor of the additional insured on the Workers Compensation policy where required by written contract. 08/09/2021 15,000,000 08/01/2021 15,000,000 08/01/2021 RE: bimonthly ongoing pool service X 08/01/2021 POLICY AGGREGATE 6565 Alicante Road Carlsbad, CA 92009 City of Carlsbad Indemnity Ins Co Of North America 0 Certificate Holder is/are listed as additional insured (except Workers Compensation) as their interests may appear until completion of the job, where required by written contract. Umbrella policy sits excess of X A ACE Fire Underwriters Insurance Company F ACE American Insurance Company CN102326389-CAS.-GAUWX-21-22 Each Occurrence EXCLUDED 08/01/2022 1,000,000 XEUG71549501 003 C 4,000,000 35378 100,000 1,000,000 08/01/2022 WLR C67821956 RETENTION Umb Catastrophe $25,000 Two Alliance Center Marsh USA, Inc. X 3560 Lenox Road, Suite 2400 Attn: Atlanta.CertRequest@marsh.com / Fax: 212-948-4321 X Attention: Maria Townson Knorr Systems, Inc. Santa Ana, CA 92707 2221 S. Standard Ave. X X BE 016159343 08/01/2021 c/o Parks & Recreation Department X X 08/01/2021 X D X 08/01/2022 19445 08/01/2022 Evanston Insurance Company X ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 22 Atlanta SCF C67821919 (CA AK AL CO GA IA IL IN KS KY MD MI MN MO MT NC ND NE NV NY OH OK PA PR SC TN TX UT VA WA WY) WLR C67821956 (AZ, FL, OR, WI) SCF C67821877 (AK AZ CA CO CT FL GA ID IL IN KS MD MI MN MO MT NC NH NM NV NY OK OR PA SC TN TX WV) Workers' Compensation (Continued): Certificate of Liability Insurance CN102326389 Marsh USA, Inc. Attention: Maria Townson Knorr Systems, Inc. Santa Ana, CA 92707 2221 S. Standard Ave. 25