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Joseph Velton Jezisek d.b.a. The Door Company; 2022-06-27; PWL22-1864FAC
DocuSign Envelope ID: 8FE2CB87-306O-4DE1-8205-D0CD177C8EF2 RECORDED REQUESlED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Notice is hereby given that: DOC# 2022-0318852 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Aug 05, 2022 10:08 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0 00) PAGES: 1 Space above this line for Recorder's use. PARCEL NO: 156-180-46-00 NOTICE OF COMPLETION 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on July 11, 2022. 6. The name of the contractor for such work or improvement is Joseph Velton Jezisek, d.b.a. The Door Company. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. PWL22-1864FAC, Project Name: City Hall North ADA Assist Opener Replacement. 8. The street address of said property is 1200 Carlsbad Village Drive, Carlsbad, CA 92008, in the City of Carlsbad. I, the undersigned, say: CITY OF CARLSBAD W.0 A-- Geoff Patnoe, Assistant City Manager VERIFICATION OF CITY CLERK I am the City Clerk of t he City of Carlsbacj, 12 0 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on _____ 1 -+__,___._ ____ _, 20~ accepted the above described work as completed and ordered that a Notice f Completion be'filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on __ 9-+/_1 __ _,1 201,/l, at Carlsbad, C~lifornia. CITY OF CARLSBAD ~ KAYLIN MCCAULEY Deputy City Clerk Q:\Public Works\General Services\Agreements & Contracts\The Door Company\City Hall North ADA Assist Opener Replacement -PWL22-1864FAC\4. NOC\2.NOC -City Hall North ADA Assist Opener Replacement -PWL22-1864FAC.docx PWL22-1864FAC City Hall North ADA Assist Opener Replacement - 1 - City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT City Hall North ADA Assist Opener Replacement This letter will serve as an agreement between Joseph Velton Jezisek, an individual, d.b.a. The Door Company, (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary for the replacement of an ADA door assist opener, per Exhibit A and City specifications, for a sum not to exceed four thousand two hundred ninety-five dollars ($4,295). This work is to be completed within sixty (60) 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. DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9 PWL22-1864FAC City Hall North ADA Assist Opener Replacement - 2 - City Attorney Approved 2/29/2016 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 Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. __________ init __________ init 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. _______ init _______ init 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 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. /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9 PWL22-1864FAC City Hall North ADA Assist Opener Replacement - 3 - City Attorney Approved 2/29/2016 9. City Contact: Daniel Smith, 442-339-2943 Contractor Contact: Joe Jezisek, 760-917-5194 CONTRACTOR Joseph Velton Jezisek, an individual, d.b.a. The Door Company CITY OF CARLSBAD, a municipal corporation of the State of California 2345 Alta Vista Vista, CA 92084 P: 760-917-5194 F: N/A joe@innovationdoors.com By: By: (sign here) Joseph V. Jezisek, Owner Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (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: Assistant City Attorney DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9 June 27, 2022 (J.~ t PWL22-1864FAC City Hall North ADA Assist Opener Replacement - 4 - City Attorney Approved 2/29/2016 EXHIBIT A City Hall North ADA Assist Opener Replacement SCOPE OF WORK AND FEE Contractor to provide all materials, tools, and labor necessary to remove and replace one new automatic door opener at the public entrance at City Hall North located at 1200 Carlsbad Village Drive, Carlsbad, CA 92008. All work and materials to be consistent with the Contractor’s proposal dated May 2, 2022 to this agreement as Exhibit B. DESCRIPTION PRICE Remove and replace ADA door assist opener. $4,295 TOTAL* $4,295 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9 PWL22-1864FAC City Hall North ADA Assist Opener Replacement - 5 - EXHIBIT B DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9 The Door Company 2345 Alta Vista Drive Vista, CA 92084 Phone# 760-917-5194 email Joe@innovationdoors.com License# 74095 May 2, 2022 City of Carlsbad Carlsbad, CA Attention Brian Bacardi We propose to furnish and install one new automatic opener at the City Hall public entrance to replace existing EDB00 operator that has reached the end of its service life. Please note this bid includes: • New DC 7000 Automatic opener • Reattach to existing 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 All for the total net some of .............................................................. $4,295.00 Accepted by _______________ Date _____________ _ Submitted by ______________ Date _____________ _ DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9-ALf..JKIJ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 06/14/2022 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Eric Bock NAME: ACW GROUP, LLC dba: AKAMINE CHRISTMAN WALL INSURANCE fA~~N.t l:v+\• 760-625-7816 I rffc Nol: 760-262-3673 79-220 Corporate Center Drive Suite 102F E-MAIL ebock@acwgroup.com ADDRESS: La Quinta, CA 92253 INSURER($) AFFORDING COVERAGE NAIC# INSURER A : CNA 0153 INSURED INSURERS : JOSEPH VEL TON JEZISEK INSURERC : 2345 AL TA 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 ADDL SUBR ,:~hl%~1 ,~~Wi%~ LTR TYPE OF INSURANCE 1t.1c:,n wvn POLICY NUMBER LIMITS A COMMERCIAL GENERAL LIABILITY C6980479221 06/08/2022 06/08/2023 EACH OCCURRENCE $ 1,000,000 1 CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED 100,000 PREMISES /Ea occurrence I $ -MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ □PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ /Ea accidentl >-- ANY AUTO BODILY INJURY (Per person) $ >--OWNED -SCHEDULED BODILY INJURY (Per accident) $ >--AUTOS ONLY -AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ -AUTOS ONLY -AUTOS ONLY /Per accidentl $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESSLIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS / 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 CNA97587XX (4-2020) 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 THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE c/o EXIGIS Insurance Compliance Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 4668 -ECM #35050 ACCORDANCE WITH THE POLICY PROVISIONS. New York, NY 10163-4668 AUTHORIZED REPRESENTATIVE copy copy ~~ . ,.. . I . . . . . -· © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9 BEST CHOICE CONTRACTOR PROGRAM Blanket Additional Insured -Owners, Lessees or Contractors This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number: C6980479221 Endorsement Effective: 06/08/2022 at 12:01 a.m. Named Insured: Authorized Representative: JOSEPH JEZISEK SCHEDULE Name of Additional Insured Person(s) (Specific) or Organization(s): (Blanket) Any person or organization that the Named Insured is obligated by virtue of a written contract or written agreement to make an additional insured on this Coverage Part, provided such contract or agreement: • Is currently in effect or becomes effective during the policy period; and • Was executed prior to: a. the "bodily injury," or "property damage"; or b. the offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage. Location(s) of Covered Operations: Any location in the "coverage territory" that is subject to the contract or agreement specified above. 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 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 part of the same project. C. With respect to the insurance afforded to these additional insureds, this insurance also does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. D. Primary and Noncontributory Insurance If so required by a written contract or written agreement, this insurance will be primary to, and will not seek contribution from, other insurance under which the additional insured is a named insured. But in all other instances, and notwithstanding anything to the contrary in the condition entitled Other Insurance, this insurance will be excess of any other insurance available to the additional insured. CNA97587XX (4-2020) Policy No: C6980479221 Page 1 of 2 Endorsement No: Effective Date: 06/08/2022 Insured Name: JOSEPH JEZISEK Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. used with permission. DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9 BEST CHOICE CONTRACTOR PROGRAM Blanket Additional Insured -Owners, Lessees or Contractors E. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following to the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit: Any additional insured pursuant to this Coverage Part will, as soon as possible: 1. Give us written notice of any claim, or of any "occurrence" or offense that may result in a claim; 2. Send us copies of all legal papers received and otherwise cooperate with us in the investigation, defense or settlement of the claim; and 3. Make available any other insurance and tender the defense and indemnity of any claim to any other insurer or self-insurer whose policy or program applies to a loss that we cover under this Coverage Part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. F. Solely with respect to the insurance granted by this endorsement: 1. The words "you" and "your'' refer to the Named Insured shown in the Declarations. 2. "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. G. Blanket Waiver of Subrogation We waive any right of recovery we may have against an entity that is an additional insured under the terms of this endorsement with respect to payments we make for injury or damage arising out of "your work" done under a written contract or written agreement with that person or organization, provided such contract or agreement: 1. Requires such a waiver of our rights; 2. Is currently in effect or becomes effective during the policy period; and 3. Was executed prior the "bodily injury", "property damage" or "personal and advertising injury" that gave rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA97587XX (4-2020) Page 2 of 2 Insured Name: JOSEPH JEZISEK Policy No: C6980479221 Endorsement No: Effective Date: 06/08/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. used with permission. DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9 DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9 DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9 DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9 DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9 CERTIFICATE OF EXEMPTION WORKERS’ COMPENSATION/EMPLOYERS’ LIABILITY INSURANCE I, , am the [insert name] [title] of . I hereby certify that [name of company] [name of company] has no employees and is not required by law to maintain workers’ compensation or employers’ liability insurance. Should employ any person [name of company] during the term 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. [Name] [Title and name of company or corporation] Sept. 1, 2021 Joseph V Jezisek Owner The Door Company The Door Company The Door Company ADA opener installation Joseph V Jezisek Owner The Door Company DocuSign Envelope ID: 4F06E7A5-489B-4B32-A660-57854F88F4C9 Public Works Fleet & Facilities Department 405 Oak Ave Carlsbad, CA 92008 760-434-2980 t NOTICE TO PROCEED July 5, 2022 Joseph Velton Jezisek d.b.a. The Door Company 2345 Alta Vista Vista, CA, 92084 Re: CONTRACT NO. PWL22-1864FAC – CITY HALL NORTH ADA ASSIST OPENER REPLACEMENT In accordance with the contract, you are hereby notified that the date for commencement of work on the subject project was Jun. 29, 2022. The contract provides for completion of all work within 60 working days after the issuance of the purchase order, which was dated Jun. 29, 2022. Accordingly, unless you are entitled to an extension of time as set forth in the Standard Specifications, the completion date for all work under the contract is Sep. 22, 2022. Please be advised that your point of contact with the city shall be Project Manager Daniel Smith 760-573-9280, dan.smith@carlsbadca.gov. All business relating to this project must be done through the Project Manager. This division has no obligation to honor any commitment made by any other party. Sincerely, John Maashoff, P.E. Public Works Manager Fleet & Facilities Department c: Paz Gomez, Deputy City Manager, Public Works Brian Bacardi, Superintendent Daniel Smith, Project Manager Graham Jordan, Contract Administrator Eleida Felix Yackel, Sr. Contract Administrator Jennifer Chapman, Contract Administrator Janean Hawney, Contract Administrator Ashley Lowman, Administrative Assistant Craddock Stropes, Senior Management Analyst Heidi De Witt, Administrative Assistant Bree Robertoy, Community Relations Manager Kristina Ray, Comm. & Engagement Director Lindsey Hansen, Community Relations Manager File Copy DocuSign Envelope ID: 1042CA09-4653-4925-8DB9-B4B6F750523C {'city of Carlsbad