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Bear Electrical Solutions Inc; 2018-03-23; PWL18-22TRAN
PWL 18-22TRAN CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT CVD @ PIO PICO GROUND BOX + LID REPLACEMENT: CONTRACT 7249 This RATIFICATION OF LETTER OF AGREEMENT between Bear Electrical Solutions, Int,? :zpalifornia corporation, ~tor) and the City of Carlsbad (City) is entered into as of the :':> day of r\ , 2018, but effective as of the 1st day of June 26, 2017, ratifying the work performed for the CVD @ Pio Pico Ground Box + Lid Replacement. The Contractor has provided all equipment, material and labor necessary to June 21, 2017 proposal, per Exhibit "A" and City specifications, for a sum not to exceed two thousand five hundred seventy-five dollars ($2,575). This work was completed within seven (7) 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, GovAAent Cod~ctions 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. -'lf=:\:l2..........,-'---init · ~ init 6. The Contractor hereby acknowledges that debarment by another jurisdiction p,~unds ~17(:3 City of Carlsbad to disqualify the Contractor from participating in contract bidding. init · ¥:n=-init CVD @ Pio Pico Ground Box + Lid replacement CONTRACT 7249 - 1 --City Attorney Approved 2/29/2016 PWL 18-22TRAN 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: Tam Tran 760-602-2736 Contractor Contact: Robert Asuncion 408-449-5147 CONTRACTOR BEAR ELECTRICAL SOLUTIONS, INC., a California corporation 1341 Archer St Alviso, CA 95002-0924 P: 408-449-5147 robert@bear-electrical.com By: N0n-- (sign here) ~t ~VNL-\l>N -\JP (print name/title) B:~----- (sign here) AN1>~N ~B?--CfD (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By:~~ Elaine Lukey, ~ Works Director Dated: (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 CVD @ Pio Pico Ground Box + Lid replacement CONTRACT 7249 - 2 -City Attorney Approved 2/29/2016 " BES. .... B.IEIIDI ... I! 11520 Kirkham Ct., Ste. 4, Poway, CA 92064 Tel: 619-348-7739 DATE: FROM: Christina Hlavac PHONE: 619-348-7739 FAX: BID/PROJECT: JOB#16030324 Our quote is valid for : Location: I Pio Pico/ CVD Work to do: Establish traffic control. 6/21/2017 PROPOSAL TO: COMPANY: PHONE: 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 EMAIL: Tam.Tran@carlsbadca.gov Ground box cover is broken/ damaged at S/E corner of Pio Pico and Carlsbad Village Dr. -Carlsbad Supply and Install #6 Pullbox and #Lid -Traffic Signal. __ 3_0_Thirty days, expiring on: 7/21/2017 BES to remove broken/ damaged obsolete pullbox. Replace concrete and Supply and Install #6 Pullbox and #6 Lid Traffic Signal on S/E/C of Pio Pico and Carlsbad Village Dr. Labor, Materials and Equipment S 2,57S.00 Total ~$ __ ~2=.5=7=5-=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 ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 11/20/2017 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). PRODUCER LIC #0056172 1-888-845-2248 CONTACT NAME: Mcsherry & Hudson PHONE 408-550-2130 I ;,ifc Nol: 408-550-2119 tAtrc No. Extl: 160 West Santa Clara Street E-MAIL ADDRESS: Suite 715 San Jose, CA 95113 INSURER(S) AFFORDING COVERAGE NAIC# Vince Scolari INSURER A: BERKLEY ASSUR CO 39462 INSURED INSURER B : WEST AMERICAN INS CO 44393 Bear Electrical Solutions, Inc. NAVIGATORS SPECIALTY INS CO 36056 INSURERC: 1341 Archer Street INSURER D: THE OHIO CASUALTY INS CO. 24074 Alviso, CA 95002 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 51400906 REVISION NUMBER· 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 THIS CERTIFICATE 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IOU~D lwun POLICY NUMBER IMM/DDIYYYYl IMM/DDIYYYYl LIMITS A GENERAL LIABILITY X X VUMB0142000 04/01/17 04/01/18 EACH OCCURRENCE $1,000,000 f---DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES /Ea occurrence) $100,000 -0 CLAIMS-MADE 0 OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 -X Per Project Aggregate GENERAL AGGREGATE $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS · COMP/OP AGG $2,000,000 n POLICY iXl ~rP;: nLOC $ B AUTOMOBILE LIABILITY X X BAW57113287 04/01/17 04/01/18 COMBINED SINGLE LIMIT $1,000,000 f---(Ea accident\ X ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ~ -NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident\ $ ~ $ C UMBRELLA LIAB M OCCUR LA17EXC900785IC 04/01/1? 04/01/18 EACH OCCURRENCE $5,000,000 ~ X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 OED I I RETENTION $ $ WORKERS COMPENSATION I T~gJT tJ,~;; I 10,J~-AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? Y NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT $ D Rented/Leased Equipment BM057.1.13287 04/01/1 04/01/18 Limit 157,000 D Scheduled Equipment BM057113287 04/01/1 04/01/18 Limit 207,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Traffic Signal Maintenance & Repair Services. Additional Insureds: The City of Carlsbad, its officers, agents and employees. 30 Day Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance P.O. Box 4668 -ECM New York, NY 10163 I ACORD 25 (2010/05) sarahsj 51400906 #35050 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Services ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA ~ © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: BA W57113287 2. (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, paragraph A.1. · WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE, paragraph A.1. · WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS 5. SECTION II -LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II -LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION Ill • PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or © 2013 Liberty Mutual Insurance CA8810 0113 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 Policy Number: BAW57113287 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WANER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, paragraph 8.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V • DEFINITIONS Is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICYCONDIT~NS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. © 2013 Liberty Mutual Insurance CA8810 0113 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 Policy Number: VUMB0142000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addttlonal Insured Person(•) Or Oraanlzatlon(s): Location And Description Of Completed Ooaratlons As required by written contract executed prior to the Construction project sites et which you performed work date of occurrence but only to the extent for such additional insured. permitted by law end the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Information reQuired to comDlete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include es en additional insured the person(s) or orgenization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in pert, by "your work" et the location designated end described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 0704 @ ISO Properties, Inc., 2004 Page 1 of 1 a Policy Number: VUMB0142000 COMMERCIAL GENERAL LIABILITY CG20 330704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the perfonnance of your ongoing operations for the additional insured. A person"s or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance affortled to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be perfonned by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has bean put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project CG 20 33 0704 © ISO Properties, Inc., 2004 Page 1 of 1 a Policy Number: VUMB0 142000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY WORDING This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE Wrth respect to coverage provided to an additional insured via attachment of an Additional Insured endorsement to this policy, such coverage is primary insurance and we will not seek contribution from any other insurance available to that additional insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED VCAS2035 11 10 Page 1 of 1 Policy Number: VUMB0142000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Parson or Organization: To any person or organization provided you entered into the contra¢ with that person or organization prior to any claim or loss to which this insurance applies. (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24041093 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 Cl SUPPLEMENT TO CERTIFICATE OF INSURANCE NAME OF INSURED: Bear Electrical solutions, Inc. Additional Description of Operations/Remarks from Page 1 • Additional Information: Includes: Additional Insured -ongoing operations per attached CG20330704. Additional Insured -completed operations per attached CG20370704. Primary and Noncontributory Wording per attached VCAS20351110. Waiver of Subrogation per attached form CG24041093. Auto Liability: Additional Insured per attached form CA88100113. Waiver of Subrogation per attached form CA88100113. SUPP (05/04) DATE 11/20/2017