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HomeMy WebLinkAboutBear Electrical Solutions Inc; 2017-02-28; PWL17-81TRANCITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT CARLSBAD BLVD AT TAMARACK AVE. MAST ARM REPAIR ($5000 or less) PWL17-81TRAN 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 secure traffic signal equipment, per the Contractor's proposal dated January 30, 2017 and City specifications, for a sum not to exceed one thousand seven hundred ninety five dollars ($1,795). This work is to be completed within one (1) 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. 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~ent Code s~ns 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. -v--init 1j2 in it 6. The Contractor hereby acknowledges that debarment by another jurisdicti~rounds 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. CARLSBAD BLVD AT TAMARACK AVE. MAST ARM REPAIR -1-City Attorney Approved 2/29/2016 BES. 1118 ll.lniDI__,.I! 12520 Kirkham Ct, Ste. 4, Poway, CA 92064 Tel: 619-348-7739 PROPOSAL DATE: 1/30/2017 TO: FROM: Christina Hlavac COMPANY: PHONE: 619-348-7739 PHONE: FAX: EMAIL: BID/PROJECT: Carlsbad Blvd. @Tamarack Rusted Nipple on Mast Arm JOB# Our quote is valid for: 30 Thirty days, expiring on: Location: Carlsbad Blvd. @ Tamarack SWC S/B OH Work to do: Establish traffic control. Nipple on MAST Arm badly corroded and rusted out on SWC S/B OH. 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 Tam.Tran@carlsbadca.gov Remove S/H, push back phase wire, cutt off old Tenon and Strap on Pelco Tenon. Install new MAS Poly Head. labor $ 720.00 Material $ 787.00 Equipment I Truck $ 288.00 Total ~ 1,795.00 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 page loll