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HomeMy WebLinkAboutChris R. Sperbeck Inc dba Doorworkx; 2023-10-05; PWM24-2305FACPWM24-2305FAC Fire Station No. 5 Roll Up Door 5 Replacement; Cont. No. 4723 Page 1 City Attorney Approved 8/15/2023 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FIRE STATION NO. 5 ROLLUP DOOR 5 REPLACEMENT This agreement is made on the ______________ day of _________________________, 2023, by the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Chris R. Sperbeck, Inc., a California corporation, dba Doorworkx, whose principal place of business is 1070 Commerce Street, Suite A, San Marcos, CA 92078 (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, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 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). 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. DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 5th October PWM24-2305FAC Fire Station No. 5 Roll Up Door 5 Replacement; Cont. No. 4723 Page 2 City Attorney Approved 8/15/2023 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. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 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. DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 PWM24-2305FAC The provisions of Carlsbad Municipr l Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated henein 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 (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract v--~bidding. Signature: ! Print Name: C: Chris R. Sperbeck 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 I 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 ~f 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 quart~rly listings report. ,· . Commercial General Liability Insurance of Injuries including accidental death, to any one person in an I amount not less than ........ $1,000,oqo Subject to t he same limit for each person on account of one accident in an amount not less than ....... $1,000,000 I Property damage insurance in an amount of not less t han ........ $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 offs'ite, whether owned, non-owned or hired, and whether scheduled or I non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any ma nner. The above policies shall have non-c~ncellation clauses providing that 30 days written notice shall be given to the City prior to such cancellatio~. The policies shall name the City of C:arlsbad 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 ~MPLOVER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contract or has no employees and provides, to City's satisfaction, 'a declaration stating this. I i Fire Station No. 5 Roll Up Door 5 Replacemr nt; Cont. No. 4723 Page 3 City Attorney Approved 8/15/2023 PWM24-2305FAC Fire Station No. 5 Roll Up Door 5 Replacement; Cont. No. 4723 Page 4 City Attorney Approved 8/15/2023 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. 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 thirty (30) 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. Chris R. Sperbeck, Inc. dba Doorworkx 1070 Commerce St., Suite A (name of Contractor) 783544 (street address) San Marcos, CA 92078 (Contractor’s license number) C-61/D-28 - 5/31/2024 (city/state/zip) 760-510-1043 (license class. and exp. date) 1000041522 - 6/30/2024 (telephone no.) doorsfixed@yahoo.com (DIR registration number/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. [signatures on following page] DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 ..... .f j CONTRACTOR CHRIS R. SPERBECK, INC., a California corporation, dba Doorworkx By : c:::::P--se (sign here) Chris R. Sperbeck, President & Secretary (print name/title) By: (sign here) (print name/title) PWM24-230SFAC i •• CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!!..E_ .corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President! I Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the co rporation must attach a resolution certified by the secretary or assist ant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM : CINDIE K. McMAHON, City Attorney BY: bilM., f-h .. wu·~ ------------- Deputy City Attorney Fire Station No, 5 Roll Up Door 5 Replacement; Cont. No. 4723 Page 5 City Attorney Approved 8/15/2023 '.', • I I· ., I PWM24-2305FAC Fire Station No. 5 Roll Up Door 5 Replacement; Cont. No. 4723 Page 6 City Attorney Approved 8/15/2023 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor 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 subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor 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 Type of Work to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than 50% of the work with its own forces. None 0% DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 PWM24-2305FAC Fire Station No. 5 Roll Up Door 5 Replacement; Cont. No. 4723 Page 7 City Attorney Approved 8/15/2023 EXHIBIT B Fire Station No. 5 Rollup Door 5 Replacement Contractor to provide all materials, tools and labor required to remove and replace existing rollup door No. 5 at the City of Carlsbad Fire Station No. 5 located at 2540 Orion Way, Carlsbad CA, 92010. All work to be consistent with the contractor’s proposal dated August 8, 2023, and is attached to this agreement as Exhibit D. Notes: - Contractor to coordinate all project activities with the project manager and the operations of the fire station. Contractor recognizes the facility is a working fire station, and as a result, may experience unforeseen circumstances that could delay the project. - Contractor to employ good housekeeping practices during the project, and will leave the worksite in a clean and workmanlike manner. - Contractor to test and confirm door operation and all safety devices upon completion of the installation. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Remove and replace rollup door No. 5. $53,663.39 TOTAL* $53,663.39 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 PWM 24--230SFAC EXHIBIT C LABOR AND MATERIALS BOND Bond No. 66799461 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Chris R. Sperbeck, Inc. dba Doorworkx (hereinafter designated as the "Principal"), a Contract for: FIRE STATION NO. 5 ROlLUP DOOR S REPLACEMENT in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the . same to the extent hereinafter set forth. NOW, THEREFORE, WE, Chris R. Sperbeck, Inc. dba Doorworkx, as Principal, (hereinafter designated as the "Contractor"), and WESTERN SURETY COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty-three thousand six hundred sixty-three dollars and thirty-nine cents ($53,663.39), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's foes, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to glve a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to t he work or to the specifications. Fire Station No. S Roll Up Door S Replacement; Cont. No. 4723 Page8 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 PWM24-23O5FAC In the event that Contractor is an Individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. This labor and materials bond may be approved as to form by the City Attorney for the City in counterpart, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, this 20th day of~ ___ S_e_p_t_e_m_b_e_r ___ __, 2023 Chris R Sperbeck Inc dba Doorworkx CHRIS R. SPERBECK INC DBA-DOOBWOBKX (SEAL) (Principal) By: C:::: p--s (Signature) C'//Ref J't°0el(ee4 /fer1/~r (Name/Title) WESTERN SURETY COMPANY (SEAL) (Surety) By:_c_~==-=,__ __ _ (Signature) C. Bendt, Assistant Secretary {Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: ----=hi...;.;;-IM.,.=.;;._=~=~-=-=...:.:~'------- Deputy City Attorney !'ire Station No. 5 Roll Up Door 5 Replacement; Cont. No. 4723 Page9 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 STATE OF SOUTH DAKOTA t COlJNTY OF MINNEHAHA f ss ACKNOWLEDG:tvlENT OFSURETY (Corporate Officei') On this;_----=2---=0_t_h __ day of ____ Sc,_e_o.c·--=t--=e_rn_b'e_r _________ _c 2023 . , before nw, a Notary Public in and for said County, personally appeared C. 13(;;ndt, -Assistant S,ecretc;try personally known to me, who behig by i'he duly sworn, aid say that he/shei::,; tile aforesaid officer of WESTERN SURETY COMPANY,, a corporation duly,otganize'd .and existing under the'laws of the. State of South Dakota, that the seal affixed to the foregoing instrument is the comor;ate seal. of said corporation, that. the said instrument was signed, sealed and executed on behalf of said corporation by authority of its. Board of Directors, and further acknowledge that. the said instrument and the execution thereof to be tb,e vol:tp.1tary act and deed of saiq corporation. IN WITN'.E.SS WHEREOF, T have hereunto· subscribed my name and affix.ed my official seal 'the· day and ,year last above written, My commission expii'es: + ............... .,.,.,.,.,.,.,..,.,.,.,.,.,.,.,.,., + J M. BENT J i~$EAL NOTARY PUBLIC®~ s. . SOUTH DAKOTA s s . . . , Notary Public + .. .,.,.,c.,.,·.,.,.,.,., .... .., .................. + My Commission Expire s March 2 , 2026 Form F11692,j 1,2020 DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 I Western Surety Company POWER OF ATTORNEY'"" CERTIFIED COPY B<>ndNo. 66.799461 fuiow All Men Bl' These Pi:esents, that WESTERl\!,SURETY COMPANY, a corporation duly organized and existing ~de:r· the laws .of.the. State 9-f S<>,uth Dakota, an~ h·aviug ikprincipal Qffice-in Siqµx Eiills,. South Dakota (the·'1Company"); does py these pres.en ts· make,constitute and aj,poiht ~C~• •~=g~·e~rr=·d=_. -~t~---------------------------------- its true and lawful attorney(s)-in-fact, with fµIl power and authority:.heteby confi)rred, tQ el{ecUte; acknowledge. an<!. delivei• fo:r: and on its behalf.as Stireti; bonds fot: PrinciJ?al:: Chris R Sperbe.ck Inc. dba DQorworkx Oplig()~.: City of Carlsb_c,1:d Amount: $-1, 0.00, 00 o . oo and to bincl .the· Qpmpany therelJy as fully and to the same extent :as if.such bonds w.er(;J signed by the Vi<::e President, seaied with the co11101•ate seal of the Company and duly' attested by its Secretaty; hereby ratifying and confim:iing ail that the said attothey(s}-in- fact may do witliih the above ·sta:ted ·limitation:s. Said appointment is made under and by authority ciftl;l.e, following bylaw ofWest~rn Surety Company ~hich remairu, in full for~e and effect. • • • • • • "Section 7 .. All bonds·, policies, undei'takings, Powers of Attorney or· other obligations of the corporation· shall be executed in the corporate .name of the Company bY, the :President, Secr{ltary, any .Assistant .Secret~'Y., Treasurel', 01: any Viqe President .or, 9y such other offic:t:rs as the.Board of Dir~i;l)rs may authorize. The President, any Vice Pt~sidei:it, -s~ietaty, :~y Assistant Secretary; or the Treasui·ei· may appoint. Attorneys in F.act, or agents whd shhll. have ai:ithcii-ity tci issue ·bonds,_ policies;_ or undertakings iri. the name of the-Company. Tlie. corporate ieiil i_~ not neces~ary for the valfditY. pf an:)' b~nds, policies, undei:taking~, J;'owers of Attorney 01: o,ther ol;,ligations of the corporation. The signature .of a:ny swih officer and the c;otpptate seal may he ptinted • byf'acsirniie." This ,Power of Attorney may b.e signed-by digital signature and ·sealed by a: digital or otherwise electi•onic-fotmatt.ed-corporate seal under and.by the. authorit:Y, oftlie.'followihg Resolution, adopted bY, the,Bdard of Dii"ecfors of the Company by tinarnmous .wri:tten,consent .tfo.tedthe 21tl:t. day of.April, ~022: "RESOLVED: That.it is in the best interes.t of the Company to pei'iodically ratify and confibn arty cbrporate .documents signed by digital signatures ami to riitey <'lllc!. :eon1:imt the use. of a iligitaj or otherwise ele<;tronic,-forni.at~.d corporate s.eai, each to be considered the act and deed ofthe C.<impany." IfBondNo.66799461 isnotissuedonorbefore.rtiidnigb.t'of November ,2nd., 2023 ,all . ~:4.,iJi this Power of Attorney s'hall expire and u:rminate. 0-i:..:ff.:~~ i~ , . . e:~& . • • • -• • es tern Surety CQmpany has caused t hes.e p1•esents to be signed by iis Vice President, Ll;U'ry Kast(ln, 1jlld its c:~ --'e,F1.$lt°jiq,-",h~ s 20th day of Seotei:nbet 2023 iti f . , y . -••• '•"i<;j•;°:; ~, li.~~f~ri"·~ ;-:(f!J.~ t CQ~~:fti:i~= • ;•'' A f s_s Ori thi~ 20th day of: September ., in. the,_-year 2-023 . , J:>ef(lre .m~. a notary public, ,personally ~pp eared Larry Kasten, whb• being to, me duly ·sworn, acknowledged ··that he sigi:Led the -above Power of Attorney as the aforesaid ·officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntarY, act a deed of said corporation. +.,, .... ,.~S~GRE~ .. '4,C .... "'l . . ~ I ~ NOTARY PUBLIC ~ Notary Public -South Dakota ~,.!~,~T~1~;:~~~ ... =• My Commission Expires February 12, 2027 the undersigne'J officer of Western Surety Company, a'stock co1'poration of the State of South Dakota, do hereby certify that the attached Power or'Attom.1e:)' i~ j.n ;full force a:q.d !lffE!Gt and is irrevocable,,-_;mcj. fµr_thermore,, thaJ Section T of the bylaws of the Compan:y as set fo:i.th inth'e'Power l'>fA.ttc)rheyis no:w mforce. In l;estj.mony wh~reof, _I haye hereunto set-my hand an!l S!!al of Western Sur.ety Company thi~ _____ 2~o_· _t_h ____ ~-;day -of September Z023 To vaiidate: bond autl1enticity-, go to www.cnasurety.com > Owner/Obligee Services > Validate Bond Covera~e. Form· F6306°5°2023 PWM24-2305FAC Fire Station No. 5 Roll Up Door 5 Replacement; Cont. No. 4723 Page 10 City Attorney Approved 8/15/2023 EXHIBIT D DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 DOORWORKX 1070 COMMERCE ST, SUITE A SAN MARCOS, CA 92078 760-5 10-1043 DOORSFIXED@Y AHOO.COM Name/ Address Ship To City of Carlsbad ATTN: Accounts Payable 1635 Faraday Ave Carlsbad, CA 92008 FIRE STATION #5 2540 Orion Way Carlsbad, CA 920 I 0 Description THE FOLLOWING PRICING IS TO HA VE DOORWORKX PERFORM THE FOLLOWING- REMOVE COMPLETE ROLL UP DOOR SYSTEM FURNISH AND INSTALL !EA COOKSON MODEL EPD300 EXTREME DUTY DOOR SYSTEM DUE TO SIZE COOKSON DESIGNED SYSTEM AND DUE TO SIZE WOULD HA VE A 1.3' PER SECOND OPENING SPEED VS STANDARD 2' PER SECOND DOOR WOULD BE POWDER COATED RED OFF RAL COLOR CHART OPENING SIZE 28'8" X 14' EXISTING RECEIVER WOULD BE WIRED INTO NEW SYSTEM ALLOWING EXISTING REMOTES TO WORK TOT AL INCLUDING ALL LABOR (PREVAILING WAGE) MATERIAL AND TAXES- Total Date Estimate# 8/9/2023 2212317 Terms Project Net30 Total 53,663.39 $53,663.39 PWM24-2305FAC Fire Station No. 5 Roll Up Door 5 Replacement; Cont. No. 4723 Page 11 City Attorney Approved 8/15/2023 Exhibit "D" (cont.) DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 INTELLIGENT OPERATION AND HIGH CYCLE LIFE C'lf ~ ((>IJ EE T" \ u U NS The easy-to-install 300 Series Door offers 300,000 cycles of maintenance-free performance -maximizing uptime and improving productivity wherever it's installed. Since springs are the most frequent point of failure for high- cycle products, this door features a rugged springless design. It is ideal for applications that do not need a million cycle door, but do require continuous uptime. Need more than 300,000 cycles, but less than a million? This door can be upgraded to offer 500,000 cycles with a 3 year warranty. AF SMAl,'TCOf TROLLI.R An intelligent control panel featuring plug and play wiring makes installing and servicing the 300 Series Door easier than ever before. The LCD screen communicates door status messages, provides easy-to-follow instructions for door commissioning, and electronically sets door limits. 800.294.4358 J cooksondoor.com CornellCookson, LLC. lsan ISO 9001:201$ reg~tered company 2.2022 UN L EL E .,yf ICI ..a Yes, faster doors mean reduced air exchange, but the 300 Series Door goes further to improve energy efficiency. The insulated model features the patented Thermiser Max® perimeter sealing system -which meets ASH RAE® 90.12, 2015 IECC® and California's Title 24 air infiltration requirements with an independently tested value of less than 0.3 CFM/FT2. v\JT ~ h.. ... r _ ERJM The compact operator features a variable-frequency drive that ensures a soft start and stop -reducing wear and tear on both the door and the operator. The 300 Series Door operates at speeds of up to 24 inches per second. In addition, the operator's direct drive design means there's no sprocket and chain to wear or replace. With flexibility in mind, the 300 series grille is compatible with a 120V service (requires transformer, provided with upgrade). cool<so'N EXTREME SERIES PWM24-2305FAC Fire Station No. 5 Roll Up Door 5 Replacement; Cont. No. 4723 Page 12 City Attorney Approved 8/15/2023 Exhibit "D" (cont.) DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 HIGH PERFORMANCE LINE EXTREME® 300 SERIES DOOR Models EPD 300 (service door curtain) & EPI 300 (insulated curtain) STANDARD COMPONENT MATERIALS AND FINISHES OPERATION AND STRUCTURAL REQUIREMENTS Motor operation required. This product is supported by a guide assembly attached to t he jamb construction. No additional header support is required unless hood supports are mandated by a larger opening width. ► Static up to 50 PSF design wind-load ► Operational up to 10 PSF maximum wind-load OPTIONAL MATERIALS AND FINISHES ► Stainless Steel -300 series in #4 finish ► GalvaNex'" baked enamel coating in Gray, Tan, or White ► Spectra Shield® Powder Coating in more than 180 colors ► CycleShield'" Powder Coating is available in more than 180 colors in addition to the standard Gray, Tan and White ■ 800.294.4358 J cooksondoor.com CorMIICookS-On, LLC. is an IS.0 ~Ol:20JS. regi~tered company 2.2022 I 00 -Galvanized steel with powder coat finish to match curtain. Encloses the curtain and provides weather resistance at the head of the door. c, l C! CI-IM -Steel. Design reduces maintenance requirements and facilitates cycle capacity. ■r.,,-"--/ OIL 110,,. .....i Jt.. -Steel plate brackets with powder coat finish to match guides. lit TDI -Compact, direct drive operator with no roller chains or sprockets. LU I:' -Galvanized steel wit h rust inhibiting CycleShield"' powder coat standard finish in Gray, Tan or White. Interlocking roll-formed slats with end locks riveted to ends of alternate slats to maintain slat alignment and prevent wear. MODEL EPl300 -Features an insulated curtain. "" -Steel angles with powder coat finish to match curtain. Self- lubricating UHMW anti-wear strips greatly reduce friction and curtain wear. Perimeter-sealing, double brush weather strip. TT"'4 aAn -Two back to back structural steel angles with powder coat finish to match curtain. Bottom bar flag included for blanking and commissioning accuracy. UNIQUE FEATURES r..-~Ll-fNl .Ollh..lN !Olt -The Apex'" SmartController (NEMA 4X) features plug and play connections to operator and standard sensors to reduce installation time. Its LCD screen provides step-by-step instructions for door commissioning, electronic limit setting, and status/error messaging. Ml"tfl"TI ~ -P ,--ON, E':"' AT t'IGI,' '"Ii--The factory-mounted UL 325-2010 (NEMA 4X) compliant photo eye sensors allow for momentary contact operation -useful in parking garages and other high-use openings. Interruption of the photo eye beam before the door fully closes causes the door to immediately halt downward travel and reverse direction to return to t he fully open position. !liAf' l"C. .Je 1 CUI U IT ril .lt-' -The 6' tall light curtain is installed within the guide and blends into the guide construction without a piece of slotted trim. If the grille is cycling and an object passes through the curtain beams, the door will immediately halt downward travel and reverse direction to return to t he open position. o co rn .,., -Compatible with 1iov inp1,1t by adding 01,1r transformer option. The transformer must be mounted to t he wall and is 13 1/," wide by 16 '/•" high. CUSTOM-DESIGNED SOLUTIONS Contact our experienced Architectural Design Support Team for help in customizing our products to fit your specific application. €fr) www.architectdoorhelp.com cooKSoN DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 ACORb® CERTIFICATE OF Lit BILITY INSURANCE I DATE (MM/DD/YYYY) ~ 05/22/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHl ? UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERT ICATE 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 A DDITIONAL 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 ce ~lficate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dennis Duffy 11(998325K) PHONE I FAX 2150 N Ctr City Pkwy Ste A (A/C, NO, EXT): 619-314-5637 (A/C,NO): 619-314-8658 E-MAIL Escondido CA 92026-1347 ADDRESS: dduffy1@farmersagent.com INSURER($) AFFORDING COVERAGE NAIC# INSURED INSURER A: Truck Insurance Exchange 21709 INSURERS: Farmers Insurance Exchange 21652 CHRIS SPERBECK INC INSURERC: Mid Century Insurance Company 21687 1046 COMMERCE ST INSURERD: STEG INSURERE: SAN MARCOS CA 92078 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOT ~E INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RES PEI TTO 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 C F SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDTL SUBR POLICY N ~MBER POLICYEFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -n CLAIMS-MADE □ OCCUR DAMAGE TO RENTED $ PREMISES (Ea Occurrence) MED EXP (Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Fl POLICY □ PROJECT □ LOC PRODUCTS -COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) -ANY AUTO BODILY INJURY (Per person) $ -~ A OWNED AUTOS X SCHEDULED BODILY INJURY (Per accident) $ ONLY AUTOS y N 606286955 07/01/2023 07/01/2024 -~ D( HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ ONLY AUTOS ONLY (Per accident) -~ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ --EXCESSLIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTHER $ AND EMPLOYERS' LIABILITY STATUTE ANY PROPRIETOR/PARTNER/ Y/N E.L. EACH ACCIDENT $ EXECUTIVE OFFICER/MEMBER C N/A EXCLUDED? (Mandatory in NH) E.L. DISEASE-EA EMPLOYEE If yes, describe under DESCRIPTION OF E. L. DISEASE -POLICY LIMIT $ OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Set edule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD/CMWD C/O EXEGIS INS COM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION PO BOX947 DATE THEREOF, NOTICE WILL BE DELIVs.i,.-.,. ~~--rRDANCE WIIliTHE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVr _/~ ./ MURRIETA CA 92564 -c- ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All Rights Reserved 31 -1769 11 -15 The ACORD name and log, are registered marks of ACORD DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 POLICY NUMBER: 606286955 COMMERCIAL AUTO CA 2048 02 99 THIS ENDORSEMENT CHANGES TH POLICY. PLEASE READ IT CAREFULLY. DESIGNA ED INSURED This endorsement modifies insurance provided unde the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endors ment, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organizatio (s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does ot alter coverage provided in the Coverage Form . This endorsement changes the policy effective on t e inception date of the policy unless another date is indi- cated below. Endorsement Effective: 07/01/2023 Named Insured: CHRIS SPERBECK INC Authorized Re resentative HEDULE Name of Person(s) or Organization(s): CITY OF ARLSBAD/CMWD C/O EXEGIS INS COMPLIANCE SERV (If no entry appears above, information required to mplete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "ins red" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, lnsuranc Services Office, Inc., 1998 Page 1 of 1 □ DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 I- ,__ ________________ _ DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of2 © Insurance Services Office, Inc., 2018 CG 20 10 1219 DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY WORDING This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE With respect to coverage provided to an additional insured via attachment of an Additional Insured endorsement to this policy, such coverage is primary insurance and we will not seek contribution from any other insurance available to that additional insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED VCAS2035 11 10 Page 1 of 1 DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 TIDS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT WITH A CAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Designated Construction Projects: Construction project sites at which you perform work for additional insureds that require you to obtain per project general aggregate limits under a written contract that was executed prior to the date of any "occurrence" covered under this policy. Maximum Aggregate Limit: $5,000,000 A For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and for all medical expenses caused by accidents under COVERAGE C-MEDICAL PAYMENTS, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate limit applies to each designated construction project, subject to an overall maximum aggregate limit as shown in the Schedule above, is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; or b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. VCAS2036 11 12 Page 1 of 2 DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A and for all medical expenses caused by accidents under COVERAGE C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of LIMITS OF INSURANCE SECTION Ill not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED VCAS2036 11 12 Page 2 of 2 DocuSign Envelope ID: 74B6ED18-61CB-41F0-BA70-65FAC731E276