Loading...
HomeMy WebLinkAbout2019 CON Vortex Industries - Roll Up Doors and Gates Service Repairs - Amendment #1FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND VORTEX INDUSTRIES, INC. THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 4th day of June, 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and VORTEX INDUSTRIES, INC. (the "CONTRACTOR"). RECITALS WHEREAS, The CITY and the CONTRACTOR entered into an Agreement on August 1, 2018 ("the Agreement"), wherein the CONTRACTOR agreed to provide secure access to City facilities, including, but not limited to repairs and installation, for a not to exceed amount of $25,000; and WHEREAS, the parties desire to amend the Agreement to increase the not -to -exceed amount by $14,000, for a total not to exceed amount of $39,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that the Agreement entered into on August 1, 2018, shall be amended to increase the not -to -exceed amount by $14,000, for a total not to exceed amount of $39,000. /// /// /// /// The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated August 1, 2018, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Bradty Manager APPROVED AS TO FORM: By: Angil P. Morris -Jones City Attorney By: R• ferto M. Contreras Deputy City Attorney VORTEX INDUSTRIES, INC. (Signatures of two corporate officers required) (Na JDtt Cep S (Print) (Title By: 070,000/ (Print Cfv (Title) CO® AORCERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/21/2019 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 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). PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA Inc. LIC #0726293 18201 Von Karman Ave Suite 200 Irvine CA 92612 CONTACT NAME: Arthur J. Gallagher & Company PHONE FAX (A/c No Ext). 949-349-9800 (A/C,No):949-349-9962 ADDRESS; INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Old Republic Insurance Company 24147 INSURED VORTIND-01 VORTEX INDUSTRIES, INC. VORTEX COLORADO, INC. 20 Odyssey Irvine CA 92618 INsuRERe: INSURERC: INSURER D : INSURER E : INSURER F : VERAGES CERTIFICATE NUMBER: 1356962513 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR 1NVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL UABILITY Y MWZY30779919 7/1/2019 7/1/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO PREMISES (EaENTED occurrence) $100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE POLICY OTHER: X LIMIT APPLIES JET PER: LOC PRODUCTS-COMP/OPAGG $2,000,000 Ultimate Gen Agg $10,000,000 A AUTOMOBILE X X _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y MWTB30780019 7/1/2019 7/1/2020 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ Comp/Coll Ded $ 250/$500 UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A MWC30779819 7/1/2019 7/1/2020 X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as additional insured/primary non-contributory on the general liability policy, per the attached forms CG20100413, CG20370413 and CG20010413. Certificate holder is included as additional insured on the auto liability policy, per the attached form . Waiver of subrogation applies to the certificate holder on the workers compensation, per the attached form WC040306. RE: Work performed by the named insured as required per written contract with respects to City of National City. Certificate Holder(s) Continued: The City of National City, its elected officials, officers, agents, employees and volunteers CERTIFICATE HOLDER CANCELLATION City of National City do Risk Manager 1243 National City Boulevard National City CA 91950-4397 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MWZY 3 0 7 7 9 919 COMMERCIAL GENERAL LIABILITY CG20100413 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizatlon(s) LocatIon(s) Of Covered Operations All persons or organizations as required by written contract or agreement The locations as specified in the written contracts or agreements Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — 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 performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This 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. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 M WZY30779918 Vortex Industries, Inc. 07/01/2018 - 07/01/2019 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 MWZY30779918 Vortex Industries, Inc. 07/01/2018 - 07/01/2019 CG20100413 POLICY # : MWZY30779919 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL. LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following Is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance Is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured Is a Named Insured under such other insurance; and CG20010413 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CD Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: MWZY30779919 COMMERCIAL GENERAL LIABILITY CG20370413 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Alt persons or organizations as required by written contract or agreement The locations as specified in the written contracts or agreements Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — 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" 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". However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 MWZY30779919 Vortex Industries, Inc. 07/01/2019-07/01/2020 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 6/21/2019 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 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). PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA, Inc. LIC #0726293 18201 Von Karman Ave Suite 200 Irvine CA 92612 INSURED VORTEX INDUSTRIES, INC. VORTEX COLORADO, INC. 20 Odyssey Irvine CA 92618 VORTIND-01 CONTACT NAME: Arthur J. Gallagher & Company PHO(A/C No . Ext): 949-349-9800 A/C.No):949-349-9962 EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A: Old Republic Insurance Company INSURER B : Great American Insurance Company INSURER C : NAIC # 24147 16691 INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: 1153723969 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 INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y MWZY30779919 7/1/2019 7/1/2020 EACH OCCURRENCE S1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO PREMISES (EaENTED occurrence) $100,000 MED EXP (Any one person) $ 5,000 PERSONAL 8, ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT I j LOC PRODUCTS - COMP/OP AGG $2,000,000 OTHER: Ultimate Gen Agg $10,000,000 A AUTOMOBILE LIABILITY Y MWTB30780019 7/1/2019 7/1/2020 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS ONLY X NON -OWNED AUTOS ONLY PROPERTY DAMAGE (Per accident) $ — $ B X UMBRELLA LIAB X OCCUR TUU033756506 7/1/2019 7/1/2020 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DED RETENTION $ $ A WORKERS COMPENSATION Y MWC30779819 7/1/2019 7/1/2020 X STATUTE ER AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y / N N E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as additional insured/primary non-contributory on the general liability policy, per the attached forms CG20100413, CG20370413 and CG20010413. Certificate holder is included as additional insured/primary non-contributory on the general liability policy, per the attached forms CG20100413, CG20370413 and CG20010413. Waiver of subrogation applies to the certificate holder on the workers compensation, per the attached form WC040306. RE: HVAC Projects through out the City of National City. Certificate Holder(s) Continued: The City of National City, its elected officials, officers, agents, employees and volunteers. CERTIFICATE HOLDER CANCELLATION The City of National City, its elected officials, officers, agents, employees and volunteers c/o Risk Manager 1243 National City Blvd National City CA 91950-4397 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Date: From (Dept.): CONTRACT TRANSMITTAL FORM (Attach to Documents dropped off to City Clerk's Office) Firkct PtA) Submitted by (First Initial, Last Name): 63tU S Vendor: Vior-qx Resolution: YES / NO 1 4 Originals Provided to City Clerk (circle quantity) Department has copy Vendor has copy o Vendr, I cops to c. 19 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 Michael R. Dalla, CMC - City Clerk July 8, 2019 Mr. John Geis Vortex Industries, Inc. 7270 Engineer Road, Suite E-H San Diego, CA 92111 Dear Mr. Geis, On June 4`h, 2019, a First Amendment to the Agreement was entered into between the City of National City and Vortex Industries, Inc. We are enclosing for your records a fully executed original Agreement. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure