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HomeMy WebLinkAboutBear Electrical Solutions Inc; 2017-05-08; PWL17-111TRANPWL 17-111TRAN CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT TYPE Ill SERVICE REPLACEMENT AT FARADAY & WHIPTAIL LOOP EAST This RATIFICATION OF LETTER OF AGREEMENT between Bear Electrical Solutions, s:t_ California corporation, (Contractor) and the City of Carlsbad (City) is entered into as of the 8.,..,.... day of t-14~ , 2017, but effective as of the 25th day of February, 2017, ratifying the work perfo med for the Type Ill Service Replacement at Faraday & Whiptail Loop East. The Contractor provided all equipment, material and labor necessary to replacement of Type Ill service pedestal at Faraday Avenue and Whiptail Loop East, per Exhibit "A" and City specifications, for a sum not to exceed four thousand two hundred dollars ($4,200). This work was completed within one (1) 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, Gov~nment Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. ()t? init init 6. The Contractor hereby acknowledges that debarment by another jurisdiction~ s.!:_Ounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. (.A,J!2_ init in it Type Ill Service Replacement at Faraday & Whiptail Loop East - 1 -City Attorney Approved 2/29/2016 PWL17-111TRAN 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: Doug Bilse 760-602-7504 Contractor Contact: Robert Asuncion 408-449-5147 CONTRACTOR BEAR ELECTRICAL SOLUTIONS, a California corporation 1341 Archer St Alviso, CA 95002-0924 P: 408-449-5147 christina@bear-electrical.com By:~ (sign here) Robert Asuncion, Vice President (print name/title) By: Andrew Bader, CFO (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ,A l __ f?;/U/B2_;r-· Elaine Luk~ublic Works Director as authorized by the City Manager Dated: 'fh/-t"/7 (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 Type Ill Service Replacement at Faraday & Whiptail Loop East -2-City Attorney Approved 2129/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On April 04, 2017 before me, Sandra Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert Asuncion, Andrew Bader 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 PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r; !\ / ' ' Place Notary Seal Above ------------------------------OPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:-------------- Signer Is Representing:--------- Signer's Name:------------ 0 Corporate Officer -Title(s): ------- 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: --------------Signer Is Representing: ________ _ • ©2016 Natienal Not~ry Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 . ., BES. -IUE'IKII..-nll! 12520 Kirkh-Ct., Ste. 4, Poway, CA 92064 Tel: 619-348-7739 DATE: 3/7/2017 FROM: Christina Hlavac PHONE: 619-348-7739 PROPOSAL TO: COMPANY: PHONE: Exhibit A Contractors License No. 982079 A -General Engineering C-1 0 High Voltage Electrical C-31-Work Zone Traffic Control LBE# CMD121616779/ SBE# 1752478 TamTran City of carlsbad 760-602-2736 FAX: EMAIL: Tam.Tran@carlsbadca.gov BID/PROJECT: Type Ill Service KD on 02/25/2017 at Faraday Ave./ Whiptailloop East. Furnish and Install New Type Ill Service Pedestal. JOB# 17039951 Our quote Is valid for : 30 Thirty days, expiring on: Location: Faraday Ave. I Whiptail Loop E;;;;-- Worktodo: Establish traffic control. Call Reported by Britney @ CB Fire Dept. 02/25/2017 -Faraday Ave./ Whiptailloop East -Type Ill Service Pedestal KD by vehicle. Safe off area, remove debris, Furnish and Install New Type Ill Service Anodized Aluminum Construction Finish. labor $ 1,050.00 Materials $ 2,900.00 Equipment I Truck $ 250.00 Total ~ 4,200.00 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 -3-