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Home My WebLink AboutBear Electrical Solutions Inc; 2021-06-16; PWL21-1425TRANPWL21-1425TRAN PAR & Ave Encinas DLC Loop Installations; Contract No. 6362 - 1 - City Attorney Approved 2/29/2016 CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT Avenida Encinas and Palomar Airport Road Detector Lead-In Cable (DLC) and Two (2) DLC Loop Installations: CONTRACT 6362 This RATIFICATION OF LETTER OF AGREEMENT between Bear Electrical Solutions, Inc., a California corporation, (Contractor) and the City of Carlsbad (City) is entered into as of the _______ day of _____________________________, 2021, but effective as of the 1st day of October 2020, ratifying the work performed for the Avenida Encinas and Palomar Airport Road (Quantity 2 DLC Loop Installations). The Contractor provided all equipment, material and labor necessary to, per Exhibit “A” and City specifications, for a sum not to exceed two thousand four hundred seventy dollars ($2,470). This work was completed on October 21, 2020. 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, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. __________ init __________ init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds 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. DocuSign Envelope ID: BE282819-660B-490A-AE49-CBC2BE7804C1 16th June PWL21-1425TRAN PAR & Ave Encinas DLC Loop Installations; Contract No. 6362 - 2 - City Attorney Approved 2/29/2016 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: Miriam Jim, 760-268-4795 Contractor Contact: Robert Asuncion, 408-449-5147 CONTRACTOR Bear Electrical Solutions, Inc., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California 1341 Archer St. Alviso, CA 95002-0924 P: 408-449-5147 F: N/A robert@bear-electrical.com By: By: (sign here) Robert Asuncion, Vice-President & Secretary Paz Gomez, Deputy City Manager, Public Works,as authorized by the City Manager (print name/title) By: Dated: (sign here) (print name/title) (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: Assistant City Attorney DocuSign Envelope ID: BE282819-660B-490A-AE49-CBC2BE7804C1 June 16, 2021 PWL21-1425TRAN PAR & Ave Encinas DLC Loop Installations; Contract No. 6362 - 3 - City Attorney Approved 2/29/2016 EXHIBIT A Avenida Encinas and Palomar Airport Road (Quantity 2 DLC Loop Installations) SCOPE OF WORK AND FEE DESCRIPTION PRICE Contractor to Furnish and Install DLC and Quantity of Two Loops per provided Quote $2,470 TOTAL $2,470 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: BE282819-660B-490A-AE49-CBC2BE7804C1 Tam TranTO: City of CarlsbadCOMPANY: PHONE: signals@carlsbadca.govEMAIL: 10/15/2020TEST: DATE: 9/15/2020 Justin CataldoFROM: (408) 449-5178PHONE: (408) 449-5147FAX: Install loops/dlc onlyBID/PROJECT: WO-00139189PROPOSAL# Contractors License No. 982079 A - General Engineering C-10 High Voltage Electrical C-31 - Work Zone Traffic Control D-31 Pole Installation and Maintenance DIR# 1000002158 SBE# 1752478 1341 Archer Street, PO Box 924, Alviso, CA 95002-0924 Tel: 408-449-5178 Fax: 408-449-5147 Quote Our quote is valid for: 30 days, expiring on: 10/15/2020 We are pleased to offer our quotation for the above referenced project as follows: Avenida Encinas | Palomar Airport RdSite: FURNISH AND INSTALL 2 6x10 LOOPS AS PER CITY SUPPLIED PLANS. Verify detection.Scope Summary: Permit/Lane closure included.Exclusions: ESTIMATE Item Description Estimated Quantity Estimate Price Per Unit Total Estimated Price TOTAL LABOR, MATERIALS, AND EQUIPMENT Loops and dlc 1 $2,470.00 $2,470.00 Subtotal:$2,470.00 DocuSign Envelope ID: BE282819-660B-490A-AE49-CBC2BE7804C1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 2/13/2021 Woodruff-Sawyer & Co.50 California Street, Floor 12San Francisco CA 94111 Chris Kelley 415-402-6521 415-989-9923 ckelley@woodruffsawyer.com Hartford Casualty Insurance Company 29424 BEARELE-01 Hartford Fire Insurance Company 19682Bear Electrical Solutions, Inc.1341 Archer StreetAlviso CA 95002 Hartford Accident & Indemnity 22357 2082873457 B X 1,000,000 X 300,000 10,000 1,000,000 2,000,000 X Y 57UEAFN9382 2/1/2021 2/1/2022 2,000,000 A 1,000,000 X X X 57UEAFN9268 2/1/2021 2/1/2022 A X X 5,000,00057RHAFN93502/1/2021 2/1/2022 5,000,000 C XY57WEAAJ9MEN2/1/2021 2/1/2022 1,000,000 1,000,000 1,000,000 RE: "All Projects" with the City. The City of Carlsbad, agents and employees, and volunteers are additional insured, wherein coverage is Primary andNon-Contributory. Waiver of Subrogation applies per the attached form. Excess liability/umbrella coverage is written on a following form basis as respectsadditional insureds and waivers of subrogation. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment ofpremium. City of Carlsbad/CMWDC/O Exigis Insurance Compliance ServicesP.O. Box 947Murietta CA 92564 qtYkLtZa o qtoZPR koMYbZ o qRskLlRla LLNXRPRrZqkRmoSXRSobboYlWqR( NokqtRot qkq LlP WRlRsLos YmNaPZmW qtLZmW RcPYlW MYbPZmW NbRLmZmW WRoqXZNLbRqaosLYolbZWXYmW LlPRaaRtZNYmWRrYqkRl-os 6XRttqZN`RtLmPZkZaLtPRYNRRPo tLZRotaoRtot`Rt. 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(5) Property Damage To Borrowed3. Legal Action Against Us Equipment Or Use Of ElevatorsNo person or organization has a right under this If the loss arises out of "property damage"Coverage Part:to borrowed equipment or the use ofa.To join us as a party or otherwise bring us elevators to the extent not subject tointo a "suit" asking for damages from an Exclusion j.of Section I - Coverage A -insured; or Bodily Injury And Property Damageb.To sue us on this Coverage Part unless all of Liability; its terms have been fully complied with.(6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment Any other insurance available to youagainst an insured; but we will not be liable for covering liability for damages arising outdamages that are not payable under the terms of of the premises or operations, or productsthis Coverage Part or that are in excess of the and completed operations, for which youapplicable limit of insurance. An agreed have been added as an additional insuredsettlement means a settlement and release of by that insurance; orliability signed by us, the insured and the (7) When You Add Others As Anclaimant or the claimant's legal representative. Additional Insured To This Insurance4. Other Insurance Any other insurance available to anIf other valid and collectible insurance is additional insured.available to the insured for a loss we cover under However, the following provisions apply toCoveragesAorBof this Coverage Part, our other insurance available to any person orobligations are limited as follows:organization who is an additional insureda. Primary Insurance under this coverage part. This insurance is primary except when b.(a) Primary Insurance When Requiredbelow applies. If other insurance is also By Contractprimary, we will share with all that other This insurance is primary if you haveinsurance by the method described in c.agreed in a written contract or writtenbelow.agreement that this insurance beb. Excess Insurance primary. If other insurance is also This insurance is excess over any of the other primary, we will share with all that insurance, whether primary, excess,other insurance by the method contingent or on any other basis:described in c.below. (1) Your Work (b)Primary And Non-Contributory To Other Insurance When Required ByThat is Fire, Extended Coverage, Builder's ContractRisk, Installation Risk or similar coverage for "your work";If you have agreed in a written contract, written agreement, or permit(2) Premises Rented To You that this insurance is primary and non-That is fire, lightning or explosion contributory with the additionalinsurance for premises rented to you or insured's own insurance, this insurancetemporarily occupied by you with is primary and we will not seekpermission ofthe owner;contribution from that other insurance. Page 16 of 21 HG 00 01 09 16 Policy No. 57UEAFN9382 221 0222 57WEAAJ9MEN