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Home My WebLink AboutJoseph V. Jezisek dba The Door Company; 2015-06-26; PWM15-93PEMPWM15-93PEM CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FIRE STATION #5 BAY DOOR REPAIR This agreement is made on the _ day of Ql^/i//Z. , 2015, by the City of Carlsbad, Califomia, a municipal corporation, (hereinafter c^d "City"), and Joseph V. Jezisek dba The Door Company, a sole proprietorship, whose principal place of business is 2345 Alta Vista Drive, Vista, Califomia 92084 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perfonn 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 perfomn 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 ali 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 fumished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Bob Richardson (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the contract shall be those as detennined 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. The contractor to whom the contract is awarded 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. The Prime 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 cun-ently registered and qualified to perfomn public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. FIRE STATION #5 BAY DOOR REPAIR Page 1 of 6 City Attomey Approved 4/115 PWM15-93PEM 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 Govemment 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 debarmentby another jurjsdietion is grounds for the City of Carlsbad to disqualify the Contractor or subcontractpp;fE0m participalifl^VtX)ntract bidding. Signature: Print Name: 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 Califomia 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 insurers that have a current Best's Key Rating of not less than "A-:VH"; OR with a surplus line insurer on the State of Califomia's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "AX"; 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 perfonnance 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. 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 FIRE STATION #5 BAY DOOR REPAIR Page 2 of 6 City Attorney Approved 4/115 PWM15-93PEM of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, njles 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 10 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 30 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. JOSEPH V. JEZISEK 2345 ALTA VISTA DRIVE dba THE DOOR COMPANY (name of Contractor) (street address) 740956 VISTA, CA 92084 (Contractor's license number) (city/state/zip) B, D-28 / 9-30-15 760-917-5194 (license class, and exp. date) (telephone no.) 760-720-9562 (fax no.) joe@innovationdoors.com (e-mail address) /// /// /// /// /// /// /// /// /// FIRE STATION #5 BAY DOOR REPAIR Page 3 of 6 City Attomey Approved 4/115 leck A License - License Detail - Contractors State License Board Page .;1 ol Contractor's License Detail for License # 740956 IlSCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this iformation, you should be aware ofthe following limitations. Business Information JOSEPH VELTON JEZISEK 2345 ALTA VISTA DRIVE VISTA, CA 92084 Business Phone Number:(760) 917-5194 Entity Sole Ownership Issue Date 09/30/1997 Expire Date 09/30/2015 License Status This license is current and active. All information below should be reviewed. Classifications D28 - DOORS, GATES AND ACTIVATING DEVICES B - GENERAL BUILDING CONTRACTOR Bonding Information 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 History Workers' Compensation This license is exempt from having workers compensation insurance; they certified that they have no employees at this time, feffective Date: 09/26/2013 Expire Date: None MVorkers' Compensation History ;ps://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=740956 5/26/20 Public Work's Contractor Registration Search Page 1 of 1 •-j.z^..'.J' f Division of Labor Standards Enforcement Public Works Contractor Registration Search This is a listing of current and active contractor registrations pursuant to Division 2, Part 7, Chapter 1(commencing with section 1720) of the Califomia Labor Code. Enter at least one search criteria to display active registered public worirs contractor(s) matching your selections. Registration Number: 1000023636 Contractor Legal Name: Contractor License Lookup License Number: Public Works Contractor Registration Web Search Results One Registered Contractor found. 1 Legal Name Registration Number License Type/Number(s) Registration Date Expiration Date JOSEPH VELTON :EZISEK 1000023636 CSLB:740956 06/11/2015 06/30/2015 Export as: Excel j PDF {"opyright f" 2014 State of ( alifornia https://efiling.dir.ca.gov/PWCR/Search.action 6/11/2015 PWM15-93PEM 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 JOSEPH V. JEZISEK dba THE DOOR COMPANY, a sole proprji^rship By: (sign he Joseph V. Jezisek / Owner, Sole Proprietor (print name/title) By: CITY OF CARLSBAD, a municipal corporation of the State of Califomia Patrick A. Thomas / Pubiic Works Director as authorized by the City Manager (sign here) (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 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 A^rnpy B. MA Assistant City Attorney FIRE STATION #5 BAY DOOR REPAIR Page 4 of 6 City Attorney Approved 4/115 PWM15-93PEM 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 suk)Contract 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 Portion of Project to be Subcontracted Business Name and Address License No., Classification & Expiration Date %of Total Contract NONE Total % Subcontracted: NONE FIRE STATION #5 BAY DOOR REPAIR Page 5 of 6 City Attorney Approved 4/115 PWM15-93PEM EXHIBIT B Scope of Work: Provide all labor, materials, and equipment to fumish and install new springs into spring barrel assembly at Fire Station #5 located at 2540 Orion Way, Carlsbad, CA 92010: New Tension Springs New Tension Shafts New Load Bearings Shipping of Barrel to R&S Pomona Lift Equipment Labor 1 year guarantee for Parts and Labor JOB QUOTATION ITEM NO. UNiT QTY DESCRIPTION PRICE 1 Provide all labor, materials, and equipment to fumish and install new springs into spring barrel assembly at Fire Station #5 $10,140 TOTAL* $10,140 *lncludes taxes, fees, expenses and all other costs. FIRE STATION #5 BAY DOOR REPAIR Page 6 of 6 City Attomey Approved 4/115 CERTIFICATE OF EXEMPTION WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE I, JOSEPH V. JEZISEK, am the Owner and Sole Proprietor of THE DOOR COMPANY. 1 hereby certify that THE DOOR COMPANY 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 Carlsbad for the FIRE STATION #5 BAY DOOR REPAIR, then workers' compensation and employers' liability insurance will be obtained. Executed on thls^"? day of. M^hf 2015 at rUU^^ , California JOSEPH V. JEZISEK. dba THE DOOR COMPANY Name OWNER - SOLE PROPRIETOR Title