HomeMy WebLinkAboutBear Electrical Solutions Inc; 2019-01-11; PWM19-708PDDocuSign Envelope ID: 787B2AF0-4668-4129-86D D-19DOF1 CO? AA3
Project: PWM19-708PD, #12 AWG THW POWER CONDUCTOR INSTALLATION AT FIFTEEN LOCATIONS
Change Order No. 01
CONTRACT CHANGE ORDER NO. 01
PROJECT: #12 AWG THW POWER CONDUCTOR INSTALLATION AT FIFTEEN LOCATIONS
CONTRACT NO.
ACCOUNT NO.
CONTRACTOR:
ADDRESS:
PWM19-708PD
0012110
Bear Electrical Solutions, Inc.
1341 Archer St.
Alviso, CA 95002-0924
P.O. NO. P136877
The Contractor is directed to make the following changes as described herein. Changes shall include all labor,
materials, equipment, contract time extension, and all other goods and services required to implement this
change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional
work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative
impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed
between the City and the Contractor to be the complete and final costs hereof. The requirements of the
specifications, where pertinent and not in conflict with this change order, shall apply to these changes.
Pursuant to the Standard Specifications for Public Works Construction, perform the following:
Item 1: Additional work is required to meter the LPR equipment that was installed on State Street roundabout.
Refer to attached proposal for additional scope of work.
Total cost not to exceed ...................................................................... $24,448.00
TOTAL INCREASE TO CONTRACT COST .................................................... $4,713.00
TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 30 WORKING
DAYS AS A RESULT OF THIS CHANGE ORDER.
CITY OF CARLSBAD
RECOMMENDED BY:
Tam Tran, Traffic Sys. Ops Specialist, Public Works
6/10/2019
(Date)
APPROVED BY:
Paz Gomez, Deputy City Manager, Public Works
7/5/2019
(Date)
APPROVED AS TO FORM:
Deputy City Attorney
7/2/2019
(Date)
CONTRACTOR
BEAR ELECTRICAL SOLUTIONS, INC.
Robert Asuncion, Vice President
6/10/2019
(Date)
DISTRIBUTION: FILE, PURCHASING, CONTRACTOR
DocuSign Envelope ID: 787B2AF0-4668-4129-86DD-19D0F1 C07 AA3
BES.
BEAR ELECTRICAL SOLUTIONS
12520 Kirkham Ct, Ste. 4, Poway, CA 92064
Tel: 619-348-7739
DATE: 5/8/2019
FROM: Jason Hayes
PHONE: 916-955-2977
Exhibit A
PROPOSAL {UPDATED)
TO:
COMPANY:
PHONE:
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
760-931-2170
FAX: EMAIL: Tam.Tran@carlsbadca.gov
BID/PROJECT: #12 THW Power Conductor Installation to meter LPR Camera for PD at Carlsbad Blvd Round About
JOB#
Our quote is valid for: 30 Thirty days, expiring on:
Location: Carlsbad Blvd Roundbout
Purpose of proposal: To provide metering of power used by LPR camera for Carlsbad Police Department.
Work to do:
Furnish and install #12 AWG THW conductors at round about slipping new conductors into existing conduit.
Furnish and install approximately 600 LF total of #12 conductors (Black,White, Green)
Terminate conductors on metered side of service and test for operation.
Labor $ 3,480.00
Material $ 363.00
Equipment $ 870.00
Total Labor. Material. and Equipment $ 4.713.00
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. 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
PWM19-708PD
#12 AWG THW POWER CONDUCTOR
INSTALLATION AT FIFTEEN LOCATIONS Page 1 of 6 City Attorney Approved 9/27/16
CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT
#12 AWG THW POWER CONDUCTOR INSTALLATION AT FIFTEEN LOCATIONS
This agreement is made on the ______________ day of _________________________, 2019, by the City
of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Bear Electrical Solutions, Inc., a California corporation whose principal place of business is 1341 Archer St, Alviso, CA 95002-0924
(hereinafter called "Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project").
PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract.
CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract,
Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract
or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal.
LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad
Ordinances governing labor.
GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by:
Tam Tran (City Project Manager)
WAGE RATES. 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 Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the
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 execution of the Contract.
Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code
and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the
Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract
for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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: A3A9D100-102A-48FD-BAEB-20059EE7E4C7
11th January
PWM19-708PD
#12 AWG THW POWER CONDUCTOR
INSTALLATION AT FIFTEEN LOCATIONS Page 2 of 6 City Attorney Approved 9/27/16
FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in
conjunction with litigation.
Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining
to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding.
Signature: ___________________________________
Print Name: ___________________________________
REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’
Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City
prior to the start of work. The minimum limits of liability insurance are 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.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000
Subject to the same limit for each person on account of one accident in an amount not less than
….…$1,000,000
Property damage insurance in an amount of not less than……..$1,000,000
Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of
the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be
limited in any manner.
The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation.
The 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.
WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no
employees and provides, to City’s satisfaction, a declaration stating this.
BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract.
Robert Asunción
DocuSign Envelope ID: A3A9D100-102A-48FD-BAEB-20059EE7E4C7
PWM19-708PD
#12 AWG THW POWER CONDUCTOR
INSTALLATION AT FIFTEEN LOCATIONS Page 3 of 6 City Attorney Approved 9/27/16
INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, 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 the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable
law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the
nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses
including attorneys’ fees for litigation, arbitration, or other dispute resolution method.
JURISDICTION. 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.
Start Work: Contractor agrees to start within seven (7) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within seven (7) working days after receipt of Notice to Proceed.
CONTRACTOR’S INFORMATION.
Bear Electrical Solutions, Inc., a California
corporation 1341 Archer St
(name of Contractor)
982079
(street address)
Alviso, CA 95002-0924
(Contractor’s license number)
A,C-10,C-31 3/31/2019
(city/state/zip)
408-449-5147
(license class. and exp. date)
1000002158
(telephone no.)
N/A
(DIR registration number)
6/30/2019
(fax no.)
robert@bear-electrical.com
(DIR registration exp. date) (e-mail address)
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DocuSign Envelope ID: A3A9D100-102A-48FD-BAEB-20059EE7E4C7
PWM19-708PD
#12 AWG THW POWER CONDUCTOR
INSTALLATION AT FIFTEEN LOCATIONS Page 4 of 6 City Attorney Approved 9/27/16
AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind
Contractor to the terms and conditions of this Agreement.
CONTRACTOR BEAR ELECTRICAL SOLUTIONS, INC.,
a California corporation
CITY OF CARLSBAD, a municipal corporation of the State of California
By: By:
(sign here) Paz Gomez, Public Works Director as authorized by the City Manager
(print name/title)
By:
(sign here)
(print name/title)
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a
corporation, Agreement must be signed by one corporate officer from each of the following two groups:
Group A Group B
Chairman, President, or
Vice-President
Secretary, Assistant Secretary,
CFO or Assistant Treasurer
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
Robert Asunción, Vice President
Andrew Bader, CFO
DocuSign Envelope ID: A3A9D100-102A-48FD-BAEB-20059EE7E4C7
PWM19-708PD
#12 AWG THW POWER CONDUCTOR
INSTALLATION AT FIFTEEN LOCATIONS Page 5 of 6 City Attorney Approved 9/27/16
EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each sub-contractor whom the
Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract.
NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project
to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be
permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding
Authority, setting forth the facts constitution the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the
California Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to
be Subcontracted
Business Name and Address DIR Registration
No.
License No., Classification & Expiration Date
% of Total Contract
Total % Subcontracted: _______________
The Contractor must perform no less than fifty percent (50%) of the work with its own forces.
DocuSign Envelope ID: A3A9D100-102A-48FD-BAEB-20059EE7E4C7
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PWM19-708PD
#12 AWG THW POWER CONDUCTOR
INSTALLATION AT FIFTEEN LOCATIONS Page 6 of 6 City Attorney Approved 9/27/16
EXHIBIT B
#12 AWG THW POWER CONDUCTOR INSTALLATION AT FIFTEEN LOCATIONS
JOB QUOTATION
ITEM NO. UNIT QTY DESCRIPTION PRICE
1 LUMP
SUM
1 Establish traffic control. Furnish and install #12 AWG
THW conductors at 15 Locations. All new wire will be installed by slipping new conductors into existing conduit
while intersection is “live”. Furnish and install approximately 19,000 LF total of #12 conductors (Black,
White, Green).
$19,735.00
Locations:
- Carlsbad Village Dr (West of I-5) - Carlsbad Blvd / Harding
- Carlsbad Blvd / Round About - Jefferson St / Las Flores
- Jefferson St / Tamarack Ave - Tamarack Ave / Jefferson St
- Carlsbad Blvd / Tamarack Ave - Chestnut Ave (Under I-5 Freeway)
- Avenida Encinas / Poinsettia Ln - Avenida Encinas / Palomar Airport Rd
- Paseo Del Norte / Palomar Airport Rd - Cannon Rd/Car Country Rd
- Calle Barcelona at Forum Exit - Plaza Dr / El Camino Real
- Marron Rd/Jefferson St
TOTAL* $19,735.00
*Includes taxes, fees, expenses and all other costs. Bonds not required.
DocuSign Envelope ID: A3A9D100-102A-48FD-BAEB-20059EE7E4C7