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HomeMy WebLinkAboutJezisek, Joseph d.b.a. The Door Company; 2011-08-10; PEM549PUBLIC WORKS LETTER OF AGREEMENT PEM549 This letter will serve as an agreement between Joseph Jezisek d.b.a. The Door Company, a Sole Owner (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to provide and install two new motor operators on doors #3 and #4 at Fire Station 5, per the Contractor's proposal dated June 1, 2011 and City specifications, for a sum not to exceed Four Thousand, Three hundred and Ninety-nine dollars ($4,399.00). This work is to be completed within 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 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 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 five hundred thousand dollars ($500,000) each, unless a lower amount is approved by the City Attorney or the City Manager. Said policies shall name the City of Carlsbad as a co-insured or additional insured. Insurance is to be placed with insurers that have (1) a rating 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. 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, Government Codes,ectjons 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. <^2S^^init inits^/ 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding.g init init Revised 9/28/00 7. 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. 8. 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. TO INDICATE ACCEPTANCE OF THIS AGREEMENT, PLEASE SIGN IN THE SPACE BELOW AND RETURN TO: Bob Richardson (Project Mgr) PEM. Facilities (Department) Joseph Jezisek d.b.a The Door Company (Name of Contractor) 405 Oak Ave (Address) 740956 Carlsbad. CA 92008 (Contractor's License Number) (Print Name and Title) (E-mail Address) By: (SigrfHere)(Print Name and Title) -mail Address) Department Head Date (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: RONALD R. BALL, City Attorney BY: Deputy City Attorney Revised 9/28/00 JUN-1-2011 07:46 FROM:JOE+JEZISEK 7602952851 70:17607209562 P.I Tne Deer Company 234.5 AltaVista Dr. Vista, C/t. 92C84 Phone# 760 917 5194 Fax* 760 295 2851 License # 740956 B-Cenerai, c-6i, D-28 June 1, 2011 Phone 760 434 2944 City of Carlsbad Public Works Fax 7607209562 405 Oak Avenue, Carlsbad, CA. 92008 Attn. Glen Boodry /motor operator Fire Station 5 Option 1 We propose to furnish and install a new motor operator for door #3 Please note this bid includes: • Take down and remove existing motor operator • New Liftmaster heavy duty gear head operator to match existing • All necessary labor to complete installation as needed All for the total net sum of $2,250.00 Option 2 We propose to furnish and install 2 new motor operators on doors #3, and 4 Please note this bid includes: • Take down and remove existing motor operators • New Liftmaster heavy duty gear head operators to match existing • All necessary labor to complete installation as needed All for the total net sum of $4,399.00 Not included in this bid. • Hidden damage • Any hardware not specified above Accepted By . Date Submitted By Joe Jezisek Date >-. tf<