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Home My WebLink AboutBear Electrical Solutions Inc; 2016-12-19; PWL17-52TRANPWL 17 -52TRAN CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT CABINET REPLACEMENT AT PALOMAR AIRPORT RD & PASEO DEL NORTE: CONTRACT 7243 ($5000 or less) This letter will serve as an agreement between Bear Electrical Solutions, Inc., a California corporation, (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to replace traffic signal cabinet due to traffic collision, per the Contractor's proposal dated November 22, 2016, attached as Exhibit A, and City specifications, for a sum not to exceed two thousand seven hundred fifty-five dollars ($2,755). This work is to be completed within ten (10) work 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, G~-e~t Code ~ec ·o 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. ' init . init _ .......... ~~· i 6. The Contractor hereby acknowledges that debarment by another jurisdict~)zounds for t~ity of Carlsbad to disqualify the Contractor from participating in contract biddin~ in it ---AJ2. 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. Cabinet Replacement at Palomar Airport Rd & Paseo del Norte: CONTRACT 0-- City Attorney Approved 2/29/2016 PWL 17 -52TRAN 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: Tam Tran 760-602-2736 Contractor Contact: Robert Asuncion 408-449-5178 CONTRACTOR BEAR ELECTRICAL SOLUTIONS, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 1341 Archer St Alviso, CA 95002-0924 P: 408-449-5178 robert@bear-electrical.com ro~ear-electrical.com By: ~'· ·xr-_£_ fV:'-~1rn.2---___, (sign here) 'n)IOt/LT 4sul'lap-f...J ~ Vtrc ,o;;t;:10t1.fT (print name/title) By: ublic Works Director Dated: / ~)_2~/2~/_~z_oJ_b~~~~q~a~ (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 Cabinet Replacement at Palomar Airport Rd & Paseo del Norte: CONTRACT 0-- City Attorney Approved 2/29/2016 2 BES. IEII EI.UTIIJII _.TillS 12520 Kirkham Ct, Ste. 4, Poway, CA 92064 Tel: 619-348-7739 DATE: 11/29/2016 FROM: Christina Hlavac PHONE: 619-348-7739 FAX: BID/PROJECT: JOB# Our quote is valid for: Location: PAR I Paseo Del Norte Work to do: Establish traffic control. PROPOSAL TO: COMPANY: PHONE: EMAIL: PAR I Paseo Del Norte 333L City Furnished Cabinet Install 30 Thirty days, expiring on: Exhibit .. A .. Contractors License No. 982079 A-General Engineering C-10 High Voltage Elect.-ical C-31-Work Zone Traffic Control LBE# CMD121616779/ SBE# 1752478 Tam Tran City of Carlsbad 760-602-2736 Tam.Tran@carlsbadca.gov 12/29/2016 Supply Labor and Equipment to Install City Furnished 333L Cabinet. Due to location, work will need to be completed at Night Rate. Initial Response $ 435.00 Labor $ 2,320.00 Total ~$ ____ ~2~·~75~5~.0=0 TERMS & CONDITIONS This proposal is an estimate, if unexpected problems arise, we will notify you before we proceed and a change order for the extra work will be provided. Additionally, the price listed above does not include any bond or permit fees. This offer shall expire 30 days from the date hereof and may be withdrawn by us at any time prior thereto with or without notice. This offer supersedes any prior offers, commitment or orders, contains all terms, conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except by formal written amendment. This offer shall be accepted by delivery to us or a copy of this offer duly signed by you in the space provided. BES would like to thank you for the opportunity to provide you with this proposal. Please give us a call with any questions or concerns. APPROVED SIGNATURE PRINTED NAME and DATE page 1 of 1