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HomeMy WebLinkAboutBear Electrical Solutions Inc; 2020-03-03; PWM20-1013TRANPWM20-1013TRAN CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SIGNAL REPAIR AT CARLSBAD VILLAGE DRIVE AND VALLEY STREET This ~IF~ION OF AGREEMENT is entered into as of the ":, ,rt day of 1{~ , 2020, but effective as of the 24th day of November, 2019, by and between 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. Signal Repair at Carlsbad Village Dr. & Valley St. Page 1 of 9 City Attorney Approved 1/25/2019 PWM 20-1013TRAN 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.--_..,.contractor 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. Signal Repair at Carlsbad Village Dr. & Valley St. Page 2 of 9 City Attorney Approved 1/25/2019 PWM 20-1013TRAN 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 agreed to start on November 24, 2019. Completion: Contractor agrees to complete work by February 28, 2020. CONTRACTOR'S INFORMATION. \\\ \\\ \\\ \\\ \\\ Bear Electrical Solutions, Inc. (name of Contractor) 982079 (Contractor's license number) A,C-10,C-31 3/31/21 (license class. and exp. date) 1000002158 (DIR registration number) 6/30/22 (DIR registration exp. date) Signal Repair at Carlsbad Village Dr. & Valley St. Page 3 of 9 1341 Archer St (street address) Alviso, CA 95002-0924 (city/state/zip) 408-449-5147 (telephone no.) N/A (fax no.) robert@bear-electrical.com (e-mail address) City Attorney Approved 1/25/2019 PWM 20-1013TRAN 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 w~ {s(grit,ere)~t3e1ZT JJ~r-!tS t., N GI (\ w -\IP (print name/title) (sign here) ~ J4rvDf2t-7\J ~ -(Jpo (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California 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 Chairman, President, or Vice-President Group B 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 BREWC1t Attorney BY (lg~ ~ Depu rtyAtt ney \\\ \\\ \\\ \\\ Signal Repair at Carlsbad Village Dr. & Valley St. Page 4 of9 City Attorney Approved 1/25/2019 PWM 20-1013TRAN 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 constituting 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 Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract Total % Subcontracted: ______ _ The Contractor must perform no ess than fifty percent (50%) of the work with its own forces. Signal Repair at Carlsbad Village Dr. & Valley St. Page 5 of 9 City Attorney Approved 1/25/2019 PWM 20-1013TRAN EXHIBIT B Signal Repair at Carlsbad Village Drive and Valley Street Contractor to remove damaged equipment and replace equipment such as pole, service, and signal cabinet. Scope to include: Replace damaged equipment such as 2 - 3 section TS heads complete with leds, TV2T framework, 1A pole, type Ill service, PPB complete with framework, conductor cable, 3-242 isolators, 10 -load switches, 4 -flash transfer relays and (1) traffic signal cabinet including battery backup system; WO-00119049. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Signal repair at Carlsbad Village Drive and Valley Street, $44,990.20 price to include labor and materials bond TOTAL* $44,990.20 *Includes taxes, fees, expenses and all other costs. Signal Repair at Carlsbad Village Dr. & Valley St. Page 6 of 9 City Attorney Approved 1/25/2019 EXHIBIT C LABOR AND MATERIALS BOND PWM20-1013TRAN Bond No. 0766339 Premium: $400.00 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to BEAR ELECTRICAL SOLUTIONS, INC., a California corporation (hereinafter designated as the "Principal"), a Contract for: TRAFFIC SIGNAL REPAIR AT CARLSBAD VILLAGE DRIVE AT VALLEY STREET PWM20-1013TRAN in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, BEAR ELECTRICAL SOLUTIONS, INC., a California corporation, as Principal, (hereinafter designated as the "Contractor"), and Harco National Insurance Company ==============================.-_as Surety, are held firmly bound unto the City of Carlsbad in the sum of FORTY FOUR THOUSAND NINE HUNDRED NINETY DOLLARS TWENTY CENTS ($44,990.20), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Signal Repair at Carlsbad Village Dr. & Valley St Page 8 of 9 City Attorney Approved 1/25/2019 PWM 20-1013TRAN Bond No. 0766339 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this ___ 1_0t_h ____ day of ____ F_e_br_u_a~ry~------' 20~ Be_a_r_E_le_c_t_ri_ca_l_S_o_lu_t_io_n_s,_l_nc_. _____ (SEAL) (Principal) _H_a_rc_o_N_a_t_io_n_a_ll_n_su_r_a_n_ce_C_o_m_p_a_ny __ (SEAL) (Surety) By: Q 0,L\/\lJ'y, By~ kb~~U/'/LION -YICeFf2ESIOC"'1T (Signature) Christina Burton, Afforney-m-Fact (Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY-ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: Signal Repair at Carlsbad Village Dr. & Valley St Page 9 of 9 City Attorney Approved 1/25/2019 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 February 11, 2020 before me, Sandra Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert Asuncion 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. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------------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: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: ____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWL■DGMENT 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 __ C_o_n_tr_a_C_o_s_ta _______ _ On __ F_eb_r_u_a~ry~10~,_2_0_2_0 __ before me, Yvonne Roncagliolo, Notary Public--------- Date Here Insert Name and Title of the Officer personally appeared ~C.!.!.h!..!ri~st~in~a~B~u~rt~o~n~========================================- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&} whose name($) is/are- subscribed to the within instrument and acknowledged to me that -Ae/she/tfley-executed the same in -Ris/herttl=leir-authorized capacity{~, and that by Ws/her/theil:: signature(i}on the instrument the person(&}, or the entity upon behalf of which the person{!;)-acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------opnoNAL--------------- 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: Christina Burton D Corporate Officer -Title(s): ______ _ D Partner - [ l Limited □ General D Individual \xJ Attorney in Fact D Trustee I J Guardian or Conservator [ Other: ______________ _ Signer Is Representing: _________ _ ~IOU~go(~~IQC'~KM~IUOl~~:x;e<J<X~• ~• ~~~~• 1QQ.r.iQli~~~illSIIUllllllrilllllr.lUlillllllllllll!alll111118111ileli~IIIIIUI ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Bond # 0766339 Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey. and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint VALERIE GARCIA CHRISTINA BURTON ALICIA DASS. KELLY HOL TEMANN NANCY L HAMIL TON ROGER C DICKINSON THOMAS E HUGHES CHARLES R SHOEMAKER STANLEY D LOAR MARK M MUNEKAWA. NERISSA S BARTOLOME JOAN DELUCA SARA RIDGE PATRICK R DIESEL. YVONNE RONCAGLIOLO San Francisco, CA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes. as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond. undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2019 STATE OF NEW JERSEY County of Essex Kenneth Chapman STATE OF ILLINOIS County of Cook Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company ······ ..... , •~•• \NS(I.~••,, .... ......... --•• 0 ... ~ •• o,,,,;·•. (' .. : ~ I <>rr-~\ 1" ~ =l= SEAL ~n: : ; l O: ~o~ 1••• .:It: ~.~:t(/N0'~ .... ..41j.: '-.,,,,ri;··········· .... ~ .. - "••.,,,,,.~ ......... , On this 31st day of December, 2019 , before me came the individual who executed the preceding instrument. to me personally known, and. being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF. I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. CERTIFICATION J~a. Shi rel le A. Outley a Notary Public of New Jersey My Commission Expires April 4, 2023 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit. and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney. with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, February 10. 2020 A00467 Irene Martins, Assistant Secretary