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HomeMy WebLinkAboutKnorr Systems Int'l; 2023-09-28; PKRC23-0918Tracking #: ALGA NORTE INSTRUCTIONAL POOL VFD REPLACEMENT; CONT. NO. PKRC23-0918 Page 1 of 6 City Attorney Approved 5/3/2023 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT ALGA NORTE INSTRUCTIONAL POOL VFD REPLACEMENT; CONT. NO. PKRC23-0918 This agreement is made on the ______________ day of _________________________, 20___, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Knorr Systems Int'l whose principal place of business is 2221 S. Standard Ave, Santa Ana, CA 92707 (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 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 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: ___Mike Anderson___ (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. DocuSign Envelope ID: F875FEF8-4CEF-4479-BC81-A133F25002A8 28th September 23 Specifications for Public Works Construction "Greenbook," latest edition and including all errata; Part 1 in the Contractor's proposal. Tracking #: ALGA NORTE INSTRUCTIONAL POOL VFD REPLACEMENT; CONT. NO. PKRC23-0918 Page 2 of 6 City Attorney Approved 5/3/2023 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. 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- scheduled. The a 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. DocuSign Envelope ID: F875FEF8-4CEF-4479-BC81-A133F25002A8 Rich Robert of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' 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 "AX"; amount not less than ........ $ ....... $ Property damage insurance in an amount of not less than ........ $1 utomobile insurance certificate must state the coverage is for "any auto" and cannot be Tracking #: ALGA NORTE INSTRUCTIONAL POOL VFD REPLACEMENT; CONT. NO. PKRC23-0918 Page 3 of 6 City Attorney Approved 5/3/2023 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 itigation, 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 15 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 2 working days after receipt of Notice to Proceed. Knorr Systems Int'l 2221 S. Standard Ave (name of Contractor) 562312 (street address) Santa Ana, CA 92707 license number) C-61/D35 4/30/2025 (city/state/zip) 714-754-4044 (license class. and exp. date) 1000878960 (telephone no.) N/A (DIR registration number) 6/30/2024 (fax no.) joef@knorrsystems.com (DIR registration exp. date) (e-mail address) // // // // // // DocuSign Envelope ID: F875FEF8-4CEF-4479-BC81-A133F25002A8 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. including attorneys' fees for I CONTRACTOR'S INFORMATION. (Contractor's Tracking #: ALGA NORTE INSTRUCTIONAL POOL VFD REPLACEMENT; CONT. NO. PKRC23-0918 Page 4 of 6 City Attorney Approved 5/3/2023 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) SHERRY FREISINGER City Clerk (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: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy / Assistant City Attorney DocuSign Envelope ID: F875FEF8-4CEF-4479-BC81-A133F25002A8 Tracking #: ALGA NORTE INSTRUCTIONAL POOL VFD REPLACEMENT; CONT. NO. PKRC23-0918 Page 5 of 6 City Attorney Approved 5/3/2023 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each 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 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. DocuSign Envelope ID: F875FEF8-4CEF-4479-BC81-A133F25002A8 0 Tracking #: ALGA NORTE INSTRUCTIONAL POOL VFD REPLACEMENT; CONT. NO. PKRC23-0918 Page 6 of 6 City Attorney Approved 5/3/2023 EXHIBIT B SCOPE OF WORK Instructional Pool VFD Replacement 1. 2. Remove existing Eaton SVX9000 drive for offsite disposal. 3. Install new SVX9000 drive. 4. Install remote keypad mounting kit. 5. Cycle power on and input the motor parameters. 6. Program the drive. 7. Configure the BECSys7 water chemistry controller for flow rate control. 8. Verify proper operation. Total cost not to exceed $6,704.65. DocuSign Envelope ID: F875FEF8-4CEF-4479-BC81-A133F25002A8 Disconnect electrical power to SPCS VFD. Use 'lockout tagout' electrical safety procedures. Proposed To City Of Carlsbad Mike Anderson 6565 Alicante Road Carlsbad, CA 92009 ESTIMATE Ship To Alga Norte Aquatic Center Mike Anderson 6565 Alicante Rd Carlsbad, CA 92009-3093 09/05/23 Alga Norte Aquatic Center Instructional Pool VFD Replacement & Remote Keypad Install Date 243490Order # City Of Carlsbad Net 30Billing Terms Courier Service KSI Delivery Phone:(442) 339-5777 Fax: Brandon MooreConsultant Don PetersonWQA Fax # Order Description Power down the SPCS VFD and remove the existing Eaton SVX9000 drive for offsite disposal. Install a new SVX9000 drive and Remote Keypad Mounting Kit. Cycle power on and input the motor parameters. Program the drive, configure the BECSy7 for flow rate control and verify proper Order Items Unit PriceQuantityDescriptionLine Item Code Item Total 1Svx9000 Series Drive Specify Amps, Voltage & PhaseCP-221-01513 4,192.86 4,192.86 1SC Prevailing Wage RepairKR SC PW 1,388.00 1,388.00 1Parts Remote KeyPad Mounting Kit with Cable 4000 667.14 667.14 Subtotal 6,248.00 Adjustment 0.00 Total 6,248.00 Shipping 80.00 Tax 376.65 Grand Total 6,704.65 Payments 0.00 Signature Date Please click link below to digitally accept this prospoal We are pleased to submit the above package for your consideration.1. Please complete and return the delivery schedule if attached to this package, it is designed to help coordinate delivery dates that best coincide with your construction and draw schedules.2. It is your responsibility to provide the required permits, bonds and acceptable electrical connections. Proof of these requirements must be presented to KSI on demand.3. You may incur restocking fees if you choose to return any items included in this package to KSI. Restocking fees vary per manufacturer.4. Any changes to this order must be made in writing to KSI.5. Freight charges are estimates only and the actual freight costs may be different at time of shipping.6. If capital dollars are not readily available, you may acquire this package through a lease or rent to own arrangement pending lending source approvals.7. Payment terms are subject to the credit agreement you have on file with KSI.This estimate is valid for 30 days from the above date after which the estimate may be subject to change.Your signature above is considered your acceptance of this proposal and is subject to all terms and conditions of your credit arrangement with KSI. Proposal Acceptancehttp://remote.ceswaterquality.com/fmi/webd/ces-digisign?script=SigLink&param=digisign&$id=T1JEMjQzNDkw http://remote.ceswaterquality.com/fmi/webd/ces-digisign?script=SigLink&param=digisign&$id=T1JEMjQzNDkw Page 1 of 1 DocuSign Envelope ID: F875FEF8-4CEF-4479-BC81-A133F25002A8 A KS I an Aq1.1aflnlty , o ,company operation.□ Krmrr Systems, llnt'I. * Sin.t e 19n *' ISOO) 676~7946 ·• www.agUEI nity .. com ,Aquaji rnity • Santa An,a CA •• Uv~rmore CA. 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 THISCERTIFICATE 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) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 8/1/2023 Stephens Insurance, LLC111 Center Street, Suite 100Little Rock, AR 72201 (205) 847-3908 www.stephensinsurance.com Aspen Specialty Insurance Company 10717 Travelers Casualty and Surety Co of Amer 31194 21458 A 1,000,000ERACCC923A8/1/2023 8/1/2024 300,000 3 25,000 3 1,000,000 2,000,000 2,000,0003 B 810-8W994744-23-43-G 8/1/2023 8/1/2024 1,000,000 3 A EXACCCCA23A 8/1/2023 8/1/2024 3,000,0003 3,000,0003 3 0 B UB-9W057283-23-43-G 8/1/2023 8/1/2024 3 1,000,000N 1,000,000 1,000,000 A General Pollution Liability ERACCC923A 8/1/2023 8/1/2024 Each Incident -Contractors Poll (Ded $15K)$1,000,000 -On/Off Site Pollution (Ded $15K)$1,000,000 Michael L. Wilson Jeanie Miller Jeanie.miller@stephens.com Professional (Ded $15K)$1,000,000 Knorr Systems Intl., LLC2221 Standard Avenue Santa Ana CA 92707 75571700 Liability policy. A Waiver of Subrogation is granted in favor of City of Carlsbad in accordance with the policy provisions of the Workers City of Carlsbad Attn: Ms. Tracy Stayton 1635 Faraday Avenue Carlsbad CA 92008 RE: All Projects" with the City. City of Carlsbad is included as Additional Insured in accordance with the policy provisions of the General Compensation policy. 75571700 | Master 23-24 GLALEXWC Poll Knorr Per Project | Jeanie Miller | 8/1/2023 8:37:44 AM (CST) | Page 1 of 3 This certificate cancels and supersedes ALL previously issued certificates. ACORD® I ~ I f--□ □ f-- f-- =7 □ □ - -- -f-- -- -H I I I I I □ I Policy No.: ERACCC923 Effective Date: 03/31/2023 Endorsement No.: 29 ASPENV215 0917 Page 1 of 1 2017 © Aspen Insurance U.S. Services Inc. All rights reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT – OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following coverages only: Section 1. COMMERCIAL GENERAL LIABILITY AND EMPLOYEE BENEFITS ADMINISTRATION Section 2 GENERAL POLLUTION LIABILITY Section 3 SITE POLLUTION INCIDENT LIABILITY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s):Location(s) Of Covered Operations: Those required by written contract executed prior to a loss. N/A Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section IV. 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, personal and advertising injury, environmental damage, emergency response cost, or clean-up cost 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. B.With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to your work that is deemed completed in accordance with Section VIII. DEFINITIONS, paragraph OO. (Products-completed operations hazard). C.Notwithstanding Section VII. CONDITIONS, paragraph J. (Other Insurance), with respect to the insurance afforded to the additional insureds added by this Endorsement, this Policy shall be primary to, and non-contributory with, any other insurance available to that person or organization when required by written contract or agreement. All other terms and conditions of this Policy remain unchanged. 75571700 | Master 23-24 GLALEXWC Poll Knorr Per Project | Jeanie Miller | 8/1/2023 8:37:44 AM (CST) | Page 2 of 3 This certificate cancels and supersedes ALL previously issued certificates. ~Aspen - - WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)- POLICY NUMBER: 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 any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: DATE OF ISSUE:ST ASSIGN: UB-9W057283-23-43-G 75571700 | Master 23-24 GLALEXWC Poll Knorr Per Project | Jeanie Miller | 8/1/2023 8:37:44 AM (CST) | Page 3 of 3 This certificate cancels and supersedes ALL previously issued certificates. ~ TRAVELERSJ