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HomeMy WebLinkAboutJoe Jezisek DBA The Door Company; 2014-03-18; PWM14-34PEMPWM14-34PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTFIACT SAFETY TRAINING CENTER GATE REPLACEMENT This agreement Is made on the / o day of ^/^^^i/j^^^ , 2014, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Joe Jezisek dba The Door Company, a sole proprietorship, whose principal place of business is 2345 Alta Vista Drive, Vista, California 92084 (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 Carisbad 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: Jason T. Kennedy (Facilitv Manager) (City Project Manager) PREVAILING WAGES NOT REQUIRED. The City of Carlsbad is a Charter City. Carlsbad Municipal Code Section 3.28.130 supersedes the provisions of the California Labor Code when the public work is not a statewide concern. Payment of prevailing wages is at Contractor's discretion. 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 secfions 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 Carisbad 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. SAFETY TRAINING CENTER Page 1 of 5 City Attorney Approved 2/7/13 GATE REPLACEMENT PWM14-34PEM 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 jurisdicfion is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from paijicipafing in contract bidding. Signature: Print Name: OOE JEZISEK 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 indicafing coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be fumished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with insurers that have: (1) a rafing in the most recent Best's Key Rating Guide of at least A-:V and (2) are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Commercial General Liability Insurance of Injuries Including accidental death, to any one person in an amount not less than $500,000 Subject to the same limit for each person on account of one accident in an amount not less than $500,000 Property damage insurance in an amount of not less than $100,000 Automobile Liability Insurance in the amount of $100,000 combined single limit per accident for bodily injury and property damage. In addifion, 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 nofice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an addifional insured. 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, direcfiy or indirecfiy 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, resulfing direcfiy 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, arbitrafion, or other dispute resolution method, JURISDICTION. The Contractor agrees and hereby sfipulates that the proper venue and jurisdicfion 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 30 working days after receipt of Nofice to Proceed. Completion: Contractor agrees to complete work within 10 working days after receipt of Notice to Proceed, SAFETY TRAINING CENTER Page 2 of 5 City Attorney Approved 2/7/13 GATE REPLACEMENT PWM14-34PEM CONTRACTOR'S INFORMATION. JOE JEZISEK dba THE DOOR COMPANY 2345 ALTA VISTA DRIVE (name of Contractor) 740956 (street address) VISTA, CA 92084 (Contractor's license number) B, D-28/9-30-15 (city/state/zip) 760-917-5194 (license class, and exp. date) (telephone no,) 760-720-9562 (fax no.) joe@innovationdoors.com (e-mail address) 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 JOE JEZISEK dba THE DOOR COMPANY, a sole proprietorship By: CtTY OF CARLSBAD, a municipal corporafion of the State of California (S]0Ti here) Joe Jezisek/Sole Proprietor (print name/title) Assi^ta/it'^lty MLin&gor, Doputy City Monogor or Department Director authorized by the City Manager Jim Howell By: (sign here) (print name/tifie) 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 Chairman, President, or Vice-President Group B 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: CELIA A. BREWER, City Attorney BY: A. BREWER, City Attorney, Assistant City Attorney \ SAFETY TRAINING CENTER GATE REPLACEMENT Page 3 of 5 City Attorney Approved 2/7/13 Check a License - License Detail - Contractors State License Board Page 1 of2 DEPARTMENT DF CONSUMER AFFAIRS Contractors State License Board Contractor's License Detail - License # 740956 1^ DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware ofthe foltowing limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number 740956 Extract Date 2/28/2014 Business Information ^rittty Issue Date Expire Date License Status JOSEPH VELTON JEZISEK Business Phone Number: (760) 917-5194 2345 ALTA VISTA DRIVE VISTA, CA 92084 Sole Ownership 09/30/1997 _ , ^ _ 09/30/2015 _ _ _ ACTIVE This license is current and active. All information below should be reviewed. Classifications CLASS D28 B DESCRIPTION DOORS, GATES AND ACTIVATING DEVICES GENERAL BUILDING CONTRACTOR Bonding CONTRACTOR'S BOND This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY. Bond Number: 209670 Bond Amount: $12,500 Effective Date: 01/01/2007 Contractor's Bond Historv https://www2.cslb.ca.gov/0nlineSerYices/CheckLicenseII/LicenseDetail.aspx?LicNum^74... 2/28/2014. Check a License - License Detail - Contractors State License Board Page 2 of 2 WORKERS' COMPENSATiON This license is exempt from having workers compensation insurance; they certified that they have no employees at this time. Workers' Compensation Effective Date: 09/26/2013 Expire Date: None Workers' Compensation ,History Personnel List Conditions of Use | Privacy Policv Copyright © 2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicensen/LicenseDetaii.aspx?LicNum^74... 2/28/2014 PWM14-34PEM 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 pubiic emergency or necessity, and then only after a finding, reduced in wrifing 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 Pubiic Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract Total % Subcontracted: SAFETY TRAINING CENTER GATE REPLACEMENT Page 4 of 5 City Attorney Approved 2/7/13 PWIVI14-34PEIVI EXHIBIT B SCOPE OF WORK This letter will serve as an agreement between Joe Jezisek dba The Door Company, a sole proprietorship (Contractor) and the City of Carlsbad (City). The Contractor will provide materials, equipment, and labor necessary to replace one pair of entrance gates, per the attached City specifications, for a sum not to exceed ten thousand dollars ($10,000). The work is to be completed within thirty (30) working days after the issuance of a purchase order. Contractor agrees to perform the following services at the Carlsbad Safety Training Center located at 5750 Orion Street, Carlsbad California 92010: • Detach two 12' 10" x 5' 6" steel gates from master and slave motor assemblies and remove from exisfing hinges. • Construct two similar steel gates of lighter steel that will fit onto exisfing motor assemblies and hinges. • Paint/weatherproof both gates to match the same color as the gates being replaced or to match existing exterior colors to conform to the Safety Training Center's current color scheme, • Remove perforated aluminum panels from gates being replaced and incorporate them into the new gate design. • Install gates back onto exisfing hinge/pin assemblies. • Adjust gate height so they do not make contact with concrete slab when opening. • Lubricate and adjust gate master and slave motors to include adjusfing swing arms to ensure proper opening and closing of both gates. • Lubricate hinge pins, • Affix required safety signage to both front and back sides of both gates. • Re-install all wiring and gate control sensors to include rubber gaskets. • Relocate switch that is used to lock gates in the open position to a more accessible area outside of the motor housing cover. • Clean up all debris and construction material. Transport the gates removed and any other recyclable material to disposal center. Cost Analysis: Labor and Materials $9,600.00 Addifional Hardware or materials $400.00 Total* $10.000.00 *lncludes taxes, fee's, expenses and all other costs. Note: This project will require the Safety Training Center's main entrance to be closed temporarily during construction. The Facility Manager will schedule this maintenance to include informing agencies training at the facility of the construction project, SAFETY TRAINING CENTER Page 5 of 5 City Attorney Approved 2/7/13 GATE REPLACEMENT CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, JOSEPH JEZISEK, am the Owner and Sole Propnetor of THE DOOR COMPANY. I hereby certify that THE DOOR COMPA^NY has no employees and is not required by law to maintain workers' compensation or employers' liability insurance. Should THE DOOR COMPANY employ any person during the term of the Contract with the City of Cartsbad for SAFETY TRAINING CENTER GATE . REPLACEMENT, then workers' compensation and employers' liability insurance will be obtained. Executed on this S> day of /U/h^Oi4 2014 at Ojhrf'^lf-o ^ California JOSEPH JEZISEK Name Signatupe^ SOLE PROPRIETOR -THE DOOR COMPANY Title