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HomeMy WebLinkAboutThe Reinhart Corporation d.b.a. Aair Purification Systems; 2022-09-14; PWM23-1960FACPWM23-1960FAC Temp. Fire Station 7 Vehicle Exhaust System; Contract No. 4091 Page 1 of 6 City Attorney Approved 8/2/2022 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT TEMPORARY FIRE STATION 7 VEHICLE EXHAUST SYSTEM; CONT. NO. 4091 This agreement is made on the ______________ day of _________________________, 2022, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and The Reinhart Corporation, a California corporation d.b.a. Aair Purification Systems, whose principal place of business is 9040 Kenamar Drive, Suite 402, San Diego, CA 92121 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: John Maashoff (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. DocuSign Envelope ID: C886ECEA-A5B1-4BE9-879D-A908A033FF9D 14th September PWM23-1960FAC Temp. Fire Station 7 Vehicle Exhaust System; Contract No. 4091 Page 2 of 6 City Attorney Approved 8/2/2022 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: __________ Jeff Storey______________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. DocuSign Envelope ID: C886ECEA-A5B1-4BE9-879D-A908A033FF9D PWM23-1960FAC Temp. Fire Station 7 Vehicle Exhaust System; Contract No. 4091 Page 3 of 6 City Attorney Approved 8/2/2022 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 fifteen (15) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within twenty (20) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. The Reinhart Corporation d.b.a. Aair Purification Systems 9040 Kenamar Drive, Suite 402 (name of Contractor) 621360 (street address) San Diego, CA 92121 (Contractor’s license number) C43, exp. 6/30/2023 (city/state/zip) 858-578-2825 (license class. and exp. date) 1000030031 (telephone no.) 858-578-3762 (DIR registration number) 06/30/2025 (fax no.) terry@aairpurification.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// DocuSign Envelope ID: C886ECEA-A5B1-4BE9-879D-A908A033FF9D PWM23-1960FAC Temp. Fire Station 7 Vehicle Exhaust System; Contract No. 4091 Page 4 of 6 City Attorney Approved 8/2/2022 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 The Reinhart Corporation, a California corporation d.b.a. Aair Purification Systems CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Jeff Storey, President Paz Gomez, Deputy City Manager, Public Works, as Authorized by the City Manager (print name/title) By: (sign here) Paul McQueen III, Secretary (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: _____________________________ Assistant City Attorney DocuSign Envelope ID: C886ECEA-A5B1-4BE9-879D-A908A033FF9D PWM23-1960FAC Temp. Fire Station 7 Vehicle Exhaust System; Contract No. 4091 Page 5 of 6 City Attorney Approved 8/2/2022 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: C886ECEA-A5B1-4BE9-879D-A908A033FF9D 0nonenonenone 0 none PWM23-1960FAC Temp. Fire Station 7 Vehicle Exhaust System; Contract No. 4091 Page 6 of 6 City Attorney Approved 8/2/2022 EXHIBIT B Contractor shall provide all labor, equipment and materials necessary to install city furnished vehicle exhaust system into the Sprung Instant Structure, Inc. vehicle apparatus bay at 4600 Carlsbad Boulevard. Contractor shall install 67-foot mini rail system with single drop magnetic nozzle, standard conical adapter for the proposed ladder truck. Install ducting and additional support hardware as necessary to mount rail system in Sprung Instant Structure. Install 3 HP TEV blower and control panel system (control operation system with wireless receiver). JOB QUOTATION ITEM NO. UNIT DESCRIPTION PRICE 1 LS Installation of Plymovent system in Temporary Fire Station 7 $19,500.00 TOTAL* $19,500.00 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: C886ECEA-A5B1-4BE9-879D-A908A033FF9D CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 08/24/2022 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 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). PRODUCER Phone: (858) 642-0200 Fax: (858) 642-0205 CONTACTNAME:Debra DeHartALL COMMERCIAL INSURANCE SERVICES, LLC. 16769 BERNARDO CTR DR. #1-843 SAN DIEGO CA 92128-2546 PHONE(A/C, No, Ext):(858) 642-0200 FAX(A/C, No):E-MAILADDRESS:debra.dehart@2insure.biz INSURER(S) AFFORDING COVERAGE NAIC # Agency Lic#: 0C64552 INSURER A :SENTINEL INSURANCE COMPANY, LTD INSUREDTHE REINHART CORPORATION DBA A AIR PURIFICATION SYSTEMS 9040 KENAMAR DR STE 402 SAN DIEGO CA 92121-2433 INSURER B :AMGUARD INSURANCE CO NAT'L UNION FIRE INS CO OF PITTSBURGH, PAINSURER C : INSURER D: INSURER E : COVERAGES CERTIFICATE NUMBER:3362922 INSURER F : 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. INSRLTR TYPE OF INSURANCE ADDLINSD SUBRWVD POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS A X COMMERCIAL GENERAL LIABILITY 72SBAKH5045 02/20/22 02/20/23 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTEDPREMISES (Ea occurence)$1,000,000 MED. EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $4,000,000 POLICY X PRO- JECT LOC PRODUCTS - COMP/OP AGG $4,000,000 OTHER:$ B AUTOMOBILE LIABILITY REAU394407 05/08/22 05/08/23 COMBINED SINGLE LIMIT(Ea accident)1,000,000 ANY AUTO BODILY INJURY (Per person) $ $ ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE(per accident)$ $ C X UMBRELLA LIAB X OCCUR BE013478745 02/20/22 02/20/23 EACH OCCURRENCE $6,000,000 CLAIMS-MADE AGGREGATE $6,000,000 DED EXCESS LIAB X RETENTION $$ A WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY 72WBCNT7556 01/26/22 01/26/23 X PERSTATUTE OTH-ER Y / N E.L. EACH ACCIDENT $1,000,000ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?Y N / A E.L. DISEASE-EA EMPLOYEE $1,000,000(Mandatory in NH)If yes, describe underDESCRIPTION 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) THE CITY OF CARLSBAD/CMWD IS INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY PER ATTACHED. WAIVER OF SUBROGATION APPLIES WITH RESPECT TO WORKERS' COMPENSATION PER ATTACHED. *10 Day Notice of Cancellation for Non-Payment/30 Day Notice of Cancellation for all other causes CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD/CMWD c/o EXIGIS Insurance Compliance Services PO BOX 947 Murrieta, CA 92564 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Attention:Mark Rubin ACORD 25 (2014/01)The ACORD name and logo are registered marks of ACORD © 1988-2014 ACORD CORPORATION. All rights reserved. DocuSign Envelope ID: C886ECEA-A5B1-4BE9-879D-A908A033FF9D ACORD. I L_,, I I □ -- Fl □ □ --~ -----H I I I I I □ ~~~ \~;_ DocuSign Envelope ID: C886ECEA-A5B1-4BE9-879D-A908A033FF9D POLICY NUMBER: 72 SBA KH'.>04'.i 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: BUSINESS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): SEE IH200 ENDORSEMENT Location(s) Of Covered Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section c. -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 pertormance ot your ongoing operations tor the additional insured(s) at the location(s) designated above. Fonn SS 41 70 06 11 B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: I his insurance does not apply to "bodily InJury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Paae 1 of 1 © 2011, The Hartford (Includes copyrigllled malerial of Insurance Services Office, Inc., wi lh ils permission) POLICY NUMBER: 72 SBA KH5045 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON-ORGANIZATION CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS 1635 FARADAY AVE CARLSBAD, CA 92008 Form IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page 002 (CONTINUED ON NEXT PAGE) Process Date: 12/01/21 Expiration Date: 02/20/23 DocuSign Envelope ID: C886ECEA-A5B1-4BE9-879D-A908A033FF9D 7 DocuSign Envelope ID: C886ECEA-A5B1-4BE9-879D-A908A033FF9D POLICY NUMBER: 72 SBA KH'.>04'.i 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: BUSINESS LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): SEE IH200 ENDORSEMENT Location And Description Of Completed Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section C. -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 IIabI1ity for "bodily inJury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". Fonn SS 41 71 06 11 © 2011, The Hartford (Includes copyrigllled malerial of Insurance Services Office, Inc., wi lh ils permission) Paae 1 of 1 POLICY NUMBER: 72 SBA KH5045 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON-ORGANIZATION CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS 1635 FARADAY AVE CARLSBAD, CA 92008 Form IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page 002 (CONTINUED ON NEXT PAGE) Process Date: 12/01/21 Expiration Date: 02/20/23 DocuSign Envelope ID: C886ECEA-A5B1-4BE9-879D-A908A033FF9D 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date:12/16/21 Policy Expiration Date:01/26/23 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:72 WBC NT7556 Endorsement Number: Effective Date:01/26/22 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:THE REINHART CORPORATION 9040 KENAMAR DR STE 402 SAN DIEGO CA 92121 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us DocuSign Envelope ID: C886ECEA-A5B1-4BE9-879D-A908A033FF9D ?