HomeMy WebLinkAboutThe Door Company; 2018-01-29; PWL18-90GSPWL18-90GS
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
CMWD -Main Entrance Door Opener Replacement
This letter will serve as an agreement between The Door Company, a California corporation (Contractor)
and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to
replace the automatic door opener at the main entrance of the CMWD building located at 5950 El Camino
Real, Carlsbad, CA 92008. Scope of work to include the installation of a new low energy automatic opener
with positive latching function and new wireless activation switches, per the Exhibit "A" and City
specifications, for a sum not to exceed three thousand nine hundred ninety-five dollars ($3,995). This work
is to be completed within thirty (30) working days after issuance of a Purchase Order.
ADDITIONAL REQUIREMENTS
1. City of Carlsbad Business License
2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold
harmless the City, and its agents, officers, officials, employees, and volunteers 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 this Contract or work; or from any failure or alleged failure of the
contractor to comply with any applicable law, rules or regulations including those relating to safety and
health; except for loss or damage which was caused solely by the active negligence of the City; and
from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting
directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage
was caused solely by the active negligence of the City. The expenses of defense include all costs and
expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method.
3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a
combined policy of workers compensation and Employers' Liability in an insurable amount of not less
than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or
the City Manager. Said 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. Insurance is 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. Proof of all such insurance shall be given by filing certificates of
insurance with contracting department prior to the signing of the contract by the City.
4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues,
Ordinances and Regulations, including Workers Compensation laws (Division 4 California Labor Code)
and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include
but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and
consultants that are included in this Contract.
5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California
False Claims Act, Govern.,. .... n,_.,~-ode sections 12650, et seq., and Carlsbad Municipal Code Sections
3.32.025, et seq. ...!.;li~'.$11!:::..-init _____ init
6. The Contractor tiereb ·acknowledges that debarment by another jurisdiction is gr nds for the City of
Carlsbad to disqualify the Contractor from participating in contract bidding. ~~~ init ___ init
7. The Contractor agrees and hereby stipulates that the proper venue and jur' ict' n for resolution of any
disputes between the parties arising out of this agreement is San Diego County, California.
CMWD -Main Entrance Door
Opener Replacement -1 -City Attorney Approved 2/29/2016
PWL18-90GS
8. 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 the Section 1770, 1773
and 1773.1 of the California Labor
Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of 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 the execution of the work covered by this Letter
of Agreement. 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.
9. City Contact: Brian Bacardi 760-434-2944
Contractor Contact: Joe Jezisek 760-917-5194
CONTRACTOR
The Door Company,
a California corporation
2345 Alta Vista Dr.
Vista, CA 92084
P: 760-917-5194
joegojoe@live.com
B~
CITY OF CARLSBAD, a municipal corporation of
the State of California
By: (
~?n./ft, , />
Elaine Luk~ Public Works Director
as authorized by the City Manager -I -------'l,l-:11 .... c_s_, =-<"i'd...._.,~_ ..... l _ _,.J._e=_-z=~CL..c ..c.5 ...... c:=:_.r,'""'c_Cu l,(Q__,L,-
0 I (print name/title)
By: Dated:
(sign here)
(print name/title)
(Proper notarial acknowledgment of execution by Contractor must be attached).
Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer
must sign for corporations. 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:
CELIA A. BREWER, City Attorney
BY:
Deputy City Attorney
CMWD -Main Entrance Door
Opener Replacement -2 -City Attorney Approved 2/29/2016
December 11, 2017
City of Carlsbad
Carlsbad, CA
Attention Glen Boodry
The Door Company
2345 Alta Vista Drive
Vista, CA 92084
Phone# 760-917-5194 email Joe@innovationdoors.com
License# 740956
PWL 18-90GS
Exhibit "A"
We propose to furnish and install a new automatic opener on the main entrance door at the Water
District.
Please note this bid includes:
• New low energy automatic opener with positive latching function
• New wireless activation switches
• Labor needed to install
• All parts and labor guaranteed for 1 year
• Not included in this bid
• Hidden damage
• Any hardware not specified above
For the total net sum of ................................................................................. $3,995.00
Accepted by _______________ Date _____________ _
Submitted by ______________ Date _____________ _
ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDIYYYY)
~ 01/18/2018
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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER NXM1=7" Eric Bock
ACWGROUP, LLC dba: AKAMINE CHRISTMAN WALL INSURANCE r,.~gio Ext!: 760-625-7816 I r..o~ No): 760-262-3673
79-220 Corporate Center Drive Suite 102F E-MAIL ebock@acwgroup.com ADDRESS:
La Quinta, CA 92253 INSURER(S) AFFORDING COVERAGE NAIC#
1NSURERA: Security National Insurance Company 19879
INSURED INSURERB:
JOSEPH VEL TON JEZISEK INSURERC:
2345 ALTA VISTA DRIVE INSURERD:
INSURERE:
Vista CA 92084 INSURERF:
COVERAGES CERTIFICATE NUMBER: 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 ~· J~)clgv~ O:altlWiMY1 LTR TYPE OF INSURANCE '"'"n wvn POLICY NUMBER LIMITS
A COMMERCIAL GENERAL LIABILITY NA 105898404 05/20/17 05/20/18 EACH OCCURRENCE $ 1,000,000 -==i CLAIMS-MADE [EJ OCCUR UAMAC,t: I U "'°' 11 t:U 100,000 PREMISES fEa occurrence! $
MED EXP (Any one person) $ 5,000 -PERSONAL & ADV INJJRY $ 1,000,000 -2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ I ~ POLICY O '.18,: DLOC PRODUCTS -COMP/OP AGG $ 2,000,000
OTHER $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ fEa accident! -ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS
NON-0'1'.NED it'e~~~iJ.;;t?AMAGE $ HIRED AUTOS AUTOS r---$
UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -
EXCESS LIAB CLAIMS-MADE AGGREGATE $
OED I I RETENTION$ $
WORKERS COMPENSATION I PER I I OTH-
AND EMPLOYERS' LIABILITY STATUTE ER
Y/N ANY PROPRIETOR/PARTNER/EXECUTlVE D NIA E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE -EA EMPLOYEE $
grs~~ftff'8~ ~nf~PERATIONS below EL DISEASE -POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
The following entity is listed as an additional insured with respects to general liability insurance per
attached company blanket form 49-0108 07 11
Project Description: Door installation, service and repair
Project Location: Various locations through out San Diego County
CERTIFICATE HOLDER CANCELLATION
City of Carlsbad/CMWD SHOULD ANY OF Tl-IE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE c/o EXIGIS Insurance Compliance Services THE EXPIRATION DATE Tl-lEREOF, NOTICE WILL BE DELIVERED IN
P. 0. Box 4668 - E CM #35050 ACCORDANCE Willi Tl-IE POLICY PROVISIONS.
New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE ~~
I
® 1988-2014 ACORD CORPORATION. All nghts reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSUREDS -
OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Policy Number: NA105898404 Endorsement Effective: 5/20/2017 12:01 a.m.
Named Insured Countera1l 1r!MR__ JOSEPH VEL TON JEZlSEK , OBA: JOSEPH
VEL TON JEZlSEK
SCHEDULE
Name of Person or Oraanization:t th d -d -bl" t d b ·rt f itt t t · A"ny person or orgamzatIon tna e name msure Is o Iga e y vI ue o a wr en con rac or
agreement to provide insurance such as is afforded by this policy.
Location:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
A. Section II -Who Is An Insured is amended to include as an insured the person or organization
shown in the Schedule, but only to the extent that the person or organization shown in the
Schedule is held liable for your acts or omissions arising out of your ongoing operations
performed for that insured.
B. With respect to the insurance afforded to these additional insureds, the following exclusion is
added:
2. Exclusions
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 site 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.
C. The words "you" and "your" refer to the Named Insured shown in the Declarations.
D. "Your work" means work or operations performed by you or on your behalf; and materials, parts
or equipment furnished in connection with such work or operations.
Primary Wording
If required by written contract or agreement: Such insurance as is afforded by this policy shall be
primary insurance, and any insurance or self-insurance maintained by the above additional
insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute
to it.
Waiver of Subrogation
If required by written contract or agreement: We waive any right of recovery we may have against
an entity that is an additional insured per the terms of this endorsement because of payments we
make for injury or damage arising out of "your work" done under a contract with that person or
organization.
49-0108 07 11 May Include Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 1
Used with permission
CERTIFICATE OF EXEMPTION
WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE
I,
[title]
[ name of company] [ name of compan ]
has no employees and is not required by law to maintain workers' compensation or employers' liability
insurance. Should / ~ ~ . C0t(..{ ~· { employ any person during the term
[ name of company]
of the Agreement with the City of Carlsbad for
[ description of project or work that is being contracted]
then workers' compensation and employers' liability insurance will be obtained .
. -lHE
[Title and name of company or corporation] u
Contract Administration 1635 Faraday Ave I Carlsbad, CA 92008 I 760·602-4677