HomeMy WebLinkAboutC-4413 - Contract for Purchase and Installation of Industrial Duty Rolling Steel Door at the Newport Beach Police Department JailCONTRACT WITH VORTEX INDUSTRIES, INC.
FOR PURCHASE AND INSTALLATION OF
INDUSTRIAL DUTY ROLLING STEEL DOOR AT THE
NEWPORT BEACH POLICE DEPARTMENT JAIL
THIS CONTRACT is made and entered into as of this U e day of
2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter
City ( "City "), and Vortex Industries, Inc., whose principal place of business is 1932 East.
McFadden, Santa Ana, California 92705 ( "Contractor "), and is made with reference to the
following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of City.
B. City is planning to replace the damaged sally port door for the Newport Beach Police
Department's City Jail.
C. City desires to engage Contractor to furnish, deliver and install a Industrial Rolling Steel
Door and a Gear Head Motor Operator for the Newport Beach Police Department Jail's
south sally port door as more particularly described in Exhibit A ( "Project "). Contractor
has agreed to perform the Project over a one day period, after receiving the City's
authorization to proceed.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the City for the Project, and is familiar with all
conditions relevant to the performance of services and has committed to perform all
work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
TERM
The term of this Agreement shall commence on the above written date, and shall terminate
on the 30th day of November, 2009, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
Contractor shall perform all the services described in the Scope of Work attached hereto
as Exhibit A and incorporated herein by this reference. As a material inducement to the
City entering into this Agreement, Contractor represents and warrants that Contractor is
a provider of first class work and services and Contractor is experienced in performing
the work and services contemplated herein and, in light of such status and experience,
Contractor covenants that it shall follow the highest professional standards in performing
the work and services required hereunder and that all materials will be of good quality.
For purposes of this Agreement, the phrase "highest professional standards" shall mean
those standards of practice recognized by one or more first -class firms performing
similar work under similar circumstances.
Contractor shall perform everything required to be performed, and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Contractor shall complete the Work within the time set forth in this Section. The failure
by Contractor to meet this deadline may result in termination of this Agreement by City.
Deadline for Project Completion is November 1S`, 2009
4. COMPENSATION
As full compensation for the performance and completion of the Project as required by
the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment
the sum of Six Thousand Seven Hundred and Thirty Dollars and 591100 ($6,730.59).
Contractor shall not receive any additional compensation unless approved in advance by
the City in writing. City shall pay Contractor no later than thirty (30) days after approval
of the final invoice by City staff.
S. ADMINISTRATION
This Agreement will be administered by the Police Department. Lieutenant Bill
Hartford shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his/her authorized representative
shall represent City in all matters pertaining to the services to be rendered pursuant to
this Agreement.
6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
6.1 Contractor shall use only the standard materials described in Exhibit A in
performing services under this Agreement. Any deviation from the materials
described in Exhibit A shall not be installed unless approved in advance by the
City Administrator.
6.2 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to
perform the services required by this Agreement, and that it will perform all
services in a manner commensurate with community professional standards. All
services shall be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
7. RESPONSIBILITY FOR DAMAGES OR INJURY
7.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or
other things used or employed in performing the Project or for injury to or death
of any person as a result of Contractor's performance of the services required
hereunder, or for damage to property from any cause arising from the
performance of the Project by Contractor, or its subconcontractors, or its
workers, or anyone employed by either of them.
7.2 Contractor shall be responsible for any liability imposed by law and for injuries to
or death of any person or damage to property resulting from defects, obstructions
or from any cause arising from Contractor's work on the Project, or the work of
any subcontractor or supplier selected by the Contractor.
7.3 Contractor shall indemnify, hold harmless, and defend City, its officers and
employees from and against: (1) any and all loss, damages, liability, claims,
allegations of liability, suits, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damage, or any other claims arising from any and all acts or omissions
of Contractor, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement; (2) use of
improper materials in performing this Project including, without limitation, defects
in workmanship or materials and/or design defects; and /or (3) any and all claims
asserted by Contractor's subcontractors or suppliers on the Project, and shall
include reasonable attorneys'. fees and all other costs incurred in defending any
such claim. However, nothing herein shall require Contractor to indemnify City
from the sole negligence or willful misconduct of City, ifs officers or employees.
7.4 Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and
private property. Contractor shall be liable for any private or public property
damaged during the performance of the Project work.
7.5 To the extent authorized by law, as much of the money due Contractor under and
by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages
as aforesaid.
7.6 Nothing in this section shall be construed as authorizing any award of attorney's
fees in any action to enforce the terms of this Agreement, except to the extent
provided in Section 6.3 above.
7.7 The rights and obligations set forth in this Section shall survive the termination of
this Contract.
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
9. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with the Contractor on the Project.
10. INSURANCE
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Without limiting Contractor's indemnification of City, and prior to commencement of
work Contractor shall obtain, provide and maintain at its own expense during the term of
this Agreement, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit or performance of any
work. Current certification of insurance shall be kept on file with City at all times
during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
D. Coverage Reouirements.
Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California. In
addition, Contractor shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California for all of the
subcontractor's employees. Any notice of cancellation or non - renewal of
all Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non - payment
of premium) prior to such change. The insurer shall agree to waive all
rights of subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for City.
General Liability Coverage.
liability insurance in an
($1,000,000) per occurre
property damage, includir
commercial general liabili
aggregate limit is used, e
separately to the work to
general aggregate limit sh
limit.
Contractor shall maintain commercial general
amount not less than one million dollars
ice for bodily injury, personal injury, and
g without limitation, contractual liability. If
y insurance or other form with a general
ther the general aggregate limit shall apply
be performed under this Agreement, or the
all be at least twice the required occurrence
iii. Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of
the Contractor arising out of or in connection with work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit for each occurrence.
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E. Endorsements. Each general liability and automobile liability insurance policy
shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with respect to
liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its
elected or appointed officers, officials, employees, agents and volunteers
as respects to all claims, losses, or liability arising directly or indirectly
from the Contractor's operations or services provided to City. Any
insurance maintained by City, including any self- insured retention City
may have, shall be considered excess insurance only and not
contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as though
a separate policy had been written for each, except with respect to the
limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to City, its elected or appointed officers, officials,
employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except after
thirty (30) calendar days (10 calendar days written notice of non - payment
of premium) written notice has been received by City.
F. Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claim made or suit instituted arising out of or resulting from Contractor's
performance under this Contract.
G. Additional Insurance. Contractor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may
be necessary for its proper protection and prosecution of the work.
11. BONDING
Contractor shall obtain, provide and maintain at its own expense during the term of this
Contract: a Labor and Materials Payment Bond in the amount of one hundred percent
(100 %) of the total amount to be paid Contractor as set forth in this Agreement and in
the form attached hereto as Exhibit B which is incorporated herein by this reference; and
a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total
amount to be paid Contractor as set forth in this Agreement in the form attached hereto
as Exhibits C which is incorporated herein by this reference.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, (2) listed as an
acceptable surety in the latest revision of the Federal Register Circular 570, and (3)
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assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty.
The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
fY :kIl;LL6311I.it]
City and Contractor agree that subcontractors may be used to complete the work
outlined in the Scope of Services provided the Contractor obtains City approval prior to
the subcontractor performing any work. Contractor shall be fully responsible to City for
all acts and omissions of the subcontractors. Nothing in this Contract shall create any
contractual relationship between City and subcontractor nor shall it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law.
13. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
14. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this Contract, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do
so constitutes a material breach and is grounds for immediate termination of this
Contract by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
15. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the deposit
thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to City
shall be addressed to City at:
Attn: Lt. Bill Hartford
Newport Beach Police Department
N
City of Newport Beach
870 Santa Barbara Drive
PO Box 7000
Newport Beach, CA 92658 -7000
Phone: (949) 644 -3660
Fax: (949) 644 -3693
All notices, demands, requests or approvals from City to Contractor shall be addressed
to Contractor at:
Attention: Debbie Brown
1932 East. McFadden
Santa Ana, California 92705
Phone: 1- 800 - 698 -6783
Fax: 714 - 543 -9538
itd1IIIIIIIIIIIIII1114d1511aa1111111*1zi
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Contractor. In the event of termination under this Section,
City shall pay Contractor for services satisfactorily performed and costs incurred up to
the effective date of termination for which Contractor has not been previously paid. On
the effective date of termination, Contractor shall deliver to City all materials purchased
in performance of this Agreement.
17. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county or
municipal, whether now in force or hereinafter enacted.
18. WAIVER
A waiver by City of any term, covenant, or condition in the Agreement shall not be
deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition.
19. INTEGRATED AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
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of whatsoever kind or nature are merged herein. No verbal Agreement or implied
covenant shall be held to vary the provisions herein.
20. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services, the terms of this Agreement shall govern.
21. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Contractor and City and approved as to form by the City Attorney.
22. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Agreement by Contractor is a representation that Contractor has visited
the Project Site, has become familiar with the local conditions under which the work is to
be performed, and has taken into consideration these factors in submitting its Project
Proposal and Scope of Work.
23. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to
it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
24. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
25. WARRANTY
Contractor agrees that the rolling steal door shall be covered by a three (3) year limited
warranty as detailed in Exhibit D attached hereto and incorporated by reference.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By:
ynett eau am
Assistant City Attor y
ATTEST:
� r
Leilani rows,
City Clerk 0-1r,o^
F
c
4�:•' ov'7"-j
CITY OF NEWPORT BEACH,
A Municipal Corporation
ByQ4;S��,j
Rob Luman
Chief of Police
CONTRACTOR: VORTEX INDUSTRIES,
INC.
r
By:
Debbie Brown
Office Manager
BVoice
Geis
President
Attachments: Exhibit A - Scope of Services
Exhibit B - Labor and Materials Payment Bond
Exhibit C - Faithful Performance Bond
Exhibit D - Warranty Information
7
OVORTEK PROPOSAL
A
1- 800 - 698 -6783
To Site Date 9/24/2009
CITY OF NEWPORT BEACH POLICE DEPARTMENT
PO BOX 1768 870 SANTA BARBARA
NEWPORT BEACH, CA 92658 -8915 NEWPORT BEACH, CA 92660
Alin. Kim Ken
Ref. # 492940 Phone (949) 6443671 Job (949) 644 -3671
Fax Phone
In accordance with the terms and conditions stated hereinafter, and on the following pages, we propose to
following doors and / or repair work (hereinafter referred to as the °PrOd1 uor) on the following terms.
We propose to furnish, deliver, and install the following subject to the terms noted below:
One (1) new Industrial Duty Rolling Steel Door in your existing opening complete with the following
benefits:
• Galvanized steel flat slats with endlocks to maintain alignment
• Finished with prime coats of baked on polyester paint
• Door designed for up to 90 m.p.h. winds
• Oil tempered counterbalance springs for long lasting easy operation
• New heavy duty guides for durability and security
• New heavy duty bottom rail with weatherstrip
• Hand chain hoist for easy operation
• Standard chain locking
• Hood /dust cover to conceal the door coil
One (1) new Gear Head Motor Operator for the new door with the following benefits:
O U.L. and C.S.A. Labeled
O 1 Horsepower
o Solenoid brake to lock the door in the stationary position
O Floor level disconnect for manual operation in the event of a power loss or failure
O Three (3) button control station (with open /closelstop controls)
O Full overload protection
O Heavy duty gearbox with gears running in oil bath
O Reliable limit switches to stop the door at the open /close positions
O New Photo eye
This includes securely mounting the motor with heavy duty brackets, running wire and conduit up to 5',
electrical connection to the existing dedicated power supply, testing of the door and operation,
lubrication of all moving parts, necessary adjustments, and our Standard Quality Assurance & Safety
Check to insure safe and proper operation of the complete door system.
FOR THE TOTAL NET SUM OF ......... ..............$ 6,730.58
N you prefer Rolling Aluminum Grille $8,129.11
® Customer to list days or hours Vortex cannot do the work:
Terms: Proforma or M Credit, % on deposit 100 % Completion.
This offer is good for 30 days. SIGNED COPY MUST Be RETURNED TO OUR OFFICE WITH DEPOSIT. Offer may be revoked by
Vortex el any Erne Prior to acceptance. Hldden Or unanticipated damages and/or services not included In proposal. Proposal also
does not include costs of prevailing wages, If required, unless specirically, Identified herein.
NOTICE TO PROPERTY OWNER: H Hlls as not paq m NO for me labor, seMces, eRupment u n rkAsls famished or a be furvo ed a moolenic's Iles
lesenb Me loss, ducugh coal frooraeum P Qdiage, ofol a, pion of)our pmpedy beingmimputed may be placed against age Moody even Noagh you
bow peW your contractor in Nq. You may w. N Pwtem youraett a9alnsl rlis co v,Vonco by (1) roquiOnP your wntrYmUrto luntlsh • a�nad ebaae M Ae
person orfhm gMag you Mia netim beFae making paymanl a yourwNacer or (Z) enyaTermea,ad adaMCa rvhitlt a appwpdevr ederd,e obamsdnwa.
Any questons concerning a conaactor may be vokored to the Registrar, Contractors' Llcense Board, 3132 Bradshaw
Road, Sacramento, California, Mailing address: P.O. Box 26000, Sacramento, California 95862.
IMPORTANT: Seefollowing pages for additional terms, including limitagonsof warranty and limitations of liablitywhich are
part of this proposal, and Will constitute terns of your contract with Vortex Customer is added to our General Liabft policy
as Additlonal Insured Only when required by written contract with Customer.
Accepted: ( "Customer")
VORTEX INDUSTRIES, INC. I' VORTOt')
By
By Debbie Brown (OC)
Date 9/24/2009
Date
OVORTEK PROPOSAL
1- 800 -698 -6783
To Site Date 9/2412009
CITY OF NEWPORT BEACH POLICE DEPARTMENT
PO BOX 1768 870 SANTA BARBARA
NEWPORT BEACH, CA 92658 -8915 NEWPORT BEACH, CA 92660
Attn. Kim Kerr
Ref.# 492940 Phone (949) 644 -3671 Job (949)644 -3671
Fax Phone
in accordance with the terms and conditions stated hereinafter, and on the following pages, we pro
following doors and / or repair work (hereinafter referred to as the "Product') on the following terms.
Please note this bid INCLUDES the following
1. Vortex Exdusive three t31 year Limited Warrala.
2. Complete testing of the motor operator to provide safe operation.
3. Connection of all existing controls and safety devices.
4. Work to be scheduled during regular business [lours (M-F 7:30a- 4:30p) unless otherwise stated.
5. Removal and disposal of damaged matedal.
Please note this bid DOES NOT INCLUDE the following:
1. Any hidden Conditions or damage.
2. Any finish paint
3. Any i?an not called out above.
® Customer to list days or hours Vortex cannot do the work:
Terms: Proforma or ® Credit, % on deposit 100 % Completion.
This offer is good for 30 days. SIGNED COPY MUST BE RETURNED TO OUR OFFICE WITH DEPOSIT. Offer maybe revoked by
Von" at any time prim to acceptance. Hidden or unanticipated damages anNar services not included W proposal. Proposal 8180
does not Include costs of prevailing wages, k required, unless specifically identified herein.
NOTICE TO PROPERTY OWNER: x bile en not pek in MI for the labor, sem.. e,flpr. , or materials furnished or In be famished, • medanm's pen
Ioad, m rife loss, dxough coon mmdssum Pamednps, or an or part ofyuw pmpeM being so Ynpmwd rnry N Rand agamH me pmpmy awn amugh you
haw paid your eontragor In mr, You m� vdpl m pmmG yoweex pains, fins mnsogmnw by (1) reqummi yaw wnaecmrm mmish a sipwE mbroa by tlra
person or Mn gMng you,his mdm baram makke peymanl m your mntracmr or(2) arty Mrermeaad wdedce which is rippmgidla anaorma chwmemncas.
Any questions conceming a contractor may be referred to the Registrar, Contractors' License Board, 3132 Bradshaw
Road, Sacramento, California. Mailing address: P.O. Box 26000, Sacramento, California 95662.
IMPORTANT: See following pages for additional terms, including limitations of warranty and limitations of liability which are
part of this proposal, and will constitute terms or your conoac with Vortex Customer is added to our General Liability policy
as Additional Insured only when required by written Contract with Customer.
Accepted: ( "Customer)
VORTD( INDUSTRIES, INC. ('VORTEn
By
By Debbie Brown (OC)
Date 9/24/2009
Date
T..:1 r
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to VORTEX
INDUSTRIES, INC. hereinafter designated as the "Principal," a contract for the Rolling Steel Door
and a Gear Head Motor Operator installation at the Newport Beach Police Department Jail, in
strict conformity with the Contract on file with the office of the City Clerk of the City of Newport
Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the terms
thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, 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 the undersigned Principal, and,
duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are
held firmly bound unto the City of Newport Beach, in the sum of $6,730.59 lawful money of the
United States of America, said sum being equal to 100% of the estimated amount payable by
the City of Newport Beach under the terms of the Contract; 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 present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery
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, or for amounts due under the Unemployment Insurance Code
with respect to such work or labor, or for any amounts required to be deducted, withheld and paid
over to the Employment Development Department from the wages of employees of the Principal
and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect
to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum
specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a
reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of
the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed thereunder
shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such
change, extension of time, alterations or additions to the terms of the Contract or to the work or to
the specifications.
if
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the day of .2009.
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
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CITY OF NEWPORT BEACH
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $
being at the rate of $ thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to VORTEX
INDUSTRIES, INC. hereinafter designated as the "Principal," a contract for the Rolling Steel Door
and a Gear Head Motor Operator installation at the Newport Beach Police Department Jail in
strict conformity with the Contract on file with the office of the City Clerk of the City of Newport
Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the terms
thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and
duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport
Beach, in the sum of $6,730.59 lawful money of the United States of America, said sum being
equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its
successors, and assigns; 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
present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its
officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same,
in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become
null and void.
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an
action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder shall
in any way affect its obligations on this Bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions of the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
12
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the day of 2009.
Name of Contractor (Principal) Authorized Signature/Tide
Name of Surety
Address of Surety
Telephone
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
IM
LIMITED WARRANTY EXHIBIT D
1. APPLCARLE PERIOO. The VORTEX warranty for mammals or labor (as mil, opnate) is applicable to cover problems promptly repffieg In writing
within the following periods specified:
1.1 NEW PRODUCT INSTALLATIONS.
A. Heavy Duty Railing Steel Oxon; and Hollow Metal Dorms - Five Yew Limited Warmly, as follows; I' year - 100% Materiat and Labw, 2n0
year -100% Material. No Lab". 3' year - 20% Material, No Labor, 4' and 5" Year - 10% Mateial, No Labs.
B. Overhead. Glass Entrance and Light Weight Rolling Steel Dons, Motors and Other New Product Installation - Three Year Limited
Warranty. as follows: l ° year - 100% Material and Loom,2 yew -20% Material. No Labor, 3' year - 10% Material. No Labor.
1.2 REPAIRS.
A. Repairs Performed as Recommended by VORTEX: 100% Materials for 1 year, and 90 days Leber. B. Limited Scope Repairs - No
Warmly.
2. LIMITED WARRANTY. OUR WARRANTY IS FURTHER LIMITED AS FOLLOWS:
2.1 Our warranty shall not mend to a cover deterioration due to rust resulting Iran (I) damage to the door section finish caused by fire, other
accident or casually, vandalism, radiation, harmful fumes or foreign substances in the atmosphere m a result deny physical
Manage after the door left our control, Or (iii) failure to provide reasonable, necessary and proper maintenance (see paragraph 3 below).
2.2 Our warranty shall not extend to or cover any damages m claim with respect to any products mat in any way or degree have been altered.
Processed, misused or improperly handled or installed.
2.3 VORTEX does not warrant conformity with any building orfre codes. Custema is responsible fa obtaining any mgdred permits and giving any
required notices.
2.4 WE MAKE NO OTHER WARRANTIES, REPRESENTATIONS OR COVENANTS, EXPRESS OR IMPLIED. AS TO ANY MANNER
WHATSOEVER WITH RESPECT TO THIS PRODUCT EXCEPT FOR ANY IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. AND
ANY SUCH IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF ONE YEAR FROM THE DATE OF PURCHASE.
2.5 IN THE EVENT OF THE BREACH OF THE WARRANTY DESCRIBED ABOVE, VORTEX'S SOLE RESPONSIBILITY SHALL BE TO REPAIR
OR REPLACE ANY PRODUCT WHICH PROVED TO HAVE BEEN DEFECTIVE DURING THE WARRANTY PERIOD. In the event VORTEX
falls to or elects not to repair or replace me detective products, VORTEXS responsibility shall be limited to the damages specified in Section 5
below.
2.6 This wanany gives you specific legal rights, and you may also have mho rights which vary from state to stale.
2.7 Orly m authorized corporate rifts& of VORTEX may modify or add to the warranties set forth above, and any such modification or addllan
most be in writing and separately executed by such corporate officer.
3. OWNER'S RESPONSIBILITY.
The proper operation and maintenance of your dons is critical. I your door is equipped with a hand chain or pull rope, control Is speed and do not
let it slam up or slam down. I you operate your door slowiv and carefully. it should last many years. However, the useful life of Me doors and their
component parts as net unlimited, and to assure the safe and proper opmahon. A is Innovative that dews be serviced and Impacted every sir mmins
for Img file and easy operation. Failure to do so will void the warranty. You are encouraged to contact VORTEX for details m available Pravmtive
Maintenance program.
On such train or steel surfaces palmed by VORTEX with prime cost as are exposed to the weather, Custanw agrees to complete painting with a
finish seat or coals of a color of Customefs choice.
4. FURTHER CONDITIONS OF WARRANTY. The foregoing warranty shag be voided and products and services shall be deemed sold "as s" with all
farms:
4.1 If the rdated invoice is rid paid within miry (30) days:
42 I repairs a mltsaaons am made by anyone other than VORTEX;
4.3 until any'Recommendation far Additional Work Needed' is authorized in wiring by Cumaner and completed by VORTEX.
You must give us the job number whenfirst coiling fa wwm*y service or you will be billed forthe walk.
5. LIMITATIONS OF LIABILITY.
5.1 THE LIABILITY OF VORTEX FOR DAMAGES OR INDEMNITY, IF ANY, SHALL BE LIMITED TO THE AMOUNT OF THE CHARGES PAID BY
CUSTOMER TO VORTEX WITH RESPECT TO THE SPECIFIC PRODUCTS OR SERVICES.
52 IN NO EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE,
SHALL VORTEX BE LIABLE FOR INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST SALES.
NOTWITHSTANDING THE FACT THAT VORTEX MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER TERMS AND CONDITIONS
PAYMENT TERMS. The Company Met called in Is responsible for paying the bill. VORTEX provides emergency repair services. and time is of
Me essence to the perfomlance by the parties of their obligations. Seance bills we due and payable upon completion of work. Hwm are calculated
from the time the man leaves our shop until he returns. Minimum service charge is me hour at the warm hourly rate. Cuski ner further greets to
VORTEX a security Interest in all products famished to customer. In event of default VORTEX shall have, in addition to all rights provided by law,
the right to repossess all products and to remove dome supplied. Overdue accounts shag acre interest Imm the date Payment on the account is
overdue, at 10% par annum, or the maximum legal mate, whichever is greater.
WORK HOURS. VORTEX standard work hours are Mon. —Fri. 8:00 a.m. — 4:30 p.m. VORTEX'S standard rates shall be increased fur wok
performed owing other hours. VORTEX must be notified of any days or times during which scheduled work cannot be done. A refused field hip will
be charged tor.
SITE PREPARATION. Customer. M its expense, shall assum that the wall construction around the opening is suitable for supporting all doors, door
seals, accessories, and other items, and that there s proper clearances for weir reception. When VORTEX is to provide section. Customer at its
expense shall assure Met the openings into which the items w around which the hems are to be installed are complete, unobstructed. and available
to VORTEX mechanics or subcmbactom with= delay a interruption to their work. Customs warrants safety and suisbBty of the structure fm
reception of VORTEX'S materials and agrees to hold VORTEX and its subomtradom handlers (ran fiat iRy a0rlwled thsao. Unless otherwise
expressly stated, this work draw dealt not include the preparation or furnishings by VORTEX of openings. rill& jambs wiles, structural members to
which dews or accessories are to be adached, or glass or glazing, or when motor operators we famished, any wire, fuses, or conduits, or any
sudliary steel work for carnyug suppoMng a abashing paver wits. Electrical hookup and hauling away of old materials is not included in the work
order. Customeracknavnedges that unloading, hoisting, storage and promotion of materials is the sots responsibility of the Customer.
PERFORMANCE EXCUSED. VORTEX shall not be liable to Customer In any manner for failure or delay to fig an order placed herds, or other
failures to perform as a mull of strike or other labor trouble, fire, flood, material or letter shortage, emnage stoppage in transit, direct or indirect
acts, regulations or orders of any govarrunenlal body, war. sabslage, ad d God a pubfic merry. or ours cause beyond Me control of VORTEX
including nonperformance of conditions precedent by Customer such as the furnishing d specifications d wall warnings or aver idomal
approval of a other action upon drawing.
ENFORCEMENT OF CONTRACT. This contract (subject only to modification by any subsequent, and fully executed, written repair work order)
constitutes me entire agreement of the parties with respect to the proposed work. There we no oral agimmaw , made or allowed between we
patties. NI parties agree that imepretetiom and enforcement of the contract shall be subject to the laws of the state OF California and any action
brought to enlace my provision of the agreement shag be in the junsElction and venue d war courts of Orange County, California. In the event of
any ashen or processing to enforce this agreement or wain wt of any breach d this agreement the prevailing perly herein shall be entitled to
recover reasonable attorneys fees and scale therein intoned.
ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS LICENSE BOARD, 9821
BUSINESS PARK ORNE SACRAMENTO, CALIFORNIA, 95827. MAILING ADDRESS: P. O. BOX 26090, SACRAMENTO, CALIFORNIA.
98828. WEBSITE: W W W.CSLB.CA.GOV.
Rev- 1109