HomeMy WebLinkAboutBear Electrical Solutions Inc; 2017-01-19; PWL17-66TRANPWL 17 -66TRAN
CITY OF CARLSBAD
PUBLIC WORKS LETTER OF AGREEMENT
1A KNOCKDOWN REPLACEMENT AT LOKER AVE WEST & PALOMAR AIRPORT RD:
CONTRACT 7243
($5000 or less)
This RATIFICATION OF LETTER OF AGREEMENT between Bear Electrical Solutions, lnc._,,e_ California
c . oration and the -~ity of Carlsbad (City) is entered into as of the I qon day of
~ / , 2017, but effective as of the 291h day of December, 2016, ratifying the
w r performed for,! e 1A Knockdown Replacement at Loker Avenue West & Palomar Airport Rd. The
Con ractor provide all equipment, material and labor necessary to replace 1A pole damaged by vehichle
on December 16, 2016, per Exhibit "A" and City specifications, for a sum not to exceed two thousand eight
hundred ninety six dollars ($2,896). This work was completed within ten (10) working days after the Notice
to Proceed was issued. Upon full execution, the Letter of Agreement is ratified.
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~ Code sections 12650, et seq., and Carlsbad Municipal Code Sections
3.32.025, et seq. ~init J¥' init
6. The Contractor hereby acknowledges that debarment by another jurisdiction n~unds for the City of
Carlsbad to disqualify the Contractor from participating in contract bidding. ~in it ~in it
1A KNOCKDOWN REPLACEMENT AT
LOKER AVE W & PALOMAR AIRPORT RD:
CONTRACT 7243 - 1 -City Attorney Approved 2/29/2016
PWL 17 -66TRAN
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.
9. City Contact: Tam Tran 760-602-2736
Contractor Contact: Robert Asuncion 408-449-5178
CONTRACTOR
BEAR ELECTRICAL SOLUTIONS, INC.,
a California corporation
1341 Archer St
Alviso, CA 95002-0924
P: 408-449-5178
F:O
christina@bear-electrical.com
By:
Robert As1 mcion Vice President
(print name/title)
By:
Andrew Bader, CFO
(print name/title)
CITY OF CARLSBAD, a municipal corporation
of the State of California
Dated:
(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
1A KNOCKDOWN REPLACEMENT AT
LOKER AVE W & PALOMAR AIRPORT RD:
CONTRACT 7243 -2-City Attorney Approved 2/29/2016
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Santa Clara }
On January 05, 2017
Date
before me, Sandra Hernandez. Notary Public
personally appeared Robert Asuncion, Andrew Bader
@ SANDRA VANESSA HERNANDEZ
Notary Public • California
~ Santa Clara County
Commission# 2164358 .. 1. • • • • ,MJ go:T· £•tr:s.s:e;.Jt2el
Place Notary Seal Above
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
----------------------OPTIONAL----------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: ______________________________ _
Document Date: ____________________ Number of Pages: ________ _
Signer(s) Other Than Named Above:---------------------------
Capacity(ies) Claimed by Signer(s)
Signer's Name: _____________ _
0 Individual
0 Corporate Officer-Title(s): ________ _
0 Partner-0 Limited 0 General
D Attorney in Fact
0 Trustee
D Guardian or Conservator
D Other: -------
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer's Name:. _____________ _
D Individual
0 Corporate Officer-Title(s),_: _______ _
0 Partner-D Limited D General
D Attorney in Fact
0 Trustee
D Guardian or Conservator
D Other: -------
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
BES.
IUa B.EEIIIEII-.mll!
12520 Kirkham CL, Ste. 4, Poway, CA 92064
Tel: 6/9-348-7739
DATE: 12/29/2016
FROM: Christina Hlavac
PHONE: 619-348-7739
PROPOSAL
TO:
COMPANY:
PHONE:
Exhibit "A"
Contractors License No. 982079
A -General Engineering
C-10 High Voltage Electrical
C-31-Work Zone Traffic Control
LBE# CMD121616779/ SBE# 1752478
Tam Tran
City of Carlsbad
760-602-2736
FAX: EMAIL: Tam.Tran@carlsbadca.gov
BID/PROJECT: Innovation Wy I PAR I Loker West 1-A Pole Knocked Down
JOB#
Our quote is valid for : 30 Thirty days, expiring on:
Location: Innovation Way I PAR I Loker West
Work to do:
Establish traffic control.
1/28/2017
Initial Response: Secured all wires, Secured area, Reset CMU, Reset IS. Cleaned area of debris and broken signal heads.
Need to Remove Damaged Pole, Install new 10" lA Pole w/ HHC and BP, TV2T, 8 Poly SH Visors, lea. 5 Secion Poly Head w/ BP and
3 Section Poly Head w I BP.
Labor $ 1,175.00
Material $ 1,396.00
Equipment I Truck $ 325.00
Total ~ 2,896.00
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
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