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HomeMy WebLinkAboutBear Electrical Solutions Inc; 2019-02-28; PWM19-719TRANPWM19-719TRAN Melrose Dr. at Poinsettia Ln.Traffic Signal Knockdown Repair Page 1 of 6 City Attorney Approved 9/27/16 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT MELROSE DRIVE AT POINSETTIA LANE TRAFFIC SIGNAL KNOCKDOWN REPAIR This RATIFICATION OF AGREEMENT is entered into as of the ______________ day of _________________________, 2019, but effective as of the 5th day of February 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. DocuSign Envelope ID: E98F85BC-7F0F-4FF6-8F54-B19F76454505 February 28th PWM19-719TRAN Melrose Dr. at Poinsettia Ln.Traffic Signal Knockdown Repair 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: _Robert Asuncion ____________________ 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. DocuSign Envelope ID: E98F85BC-7F0F-4FF6-8F54-B19F76454505 PWM19-719TRAN Melrose Dr. at Poinsettia Ln.Traffic Signal Knockdown Repair 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 agreed to start work on February 5, 2019. Completion: Contractor agrees to complete work within thirty (30) working days after commencing work. CONTRACTOR’S INFORMATION. Bear Electrical Solutions, Inc. 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) /// /// /// /// /// /// /// DocuSign Envelope ID: E98F85BC-7F0F-4FF6-8F54-B19F76454505 PWM19-719TRAN Melrose Dr. at Poinsettia Ln.Traffic Signal Knockdown Repair 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) Robert Asuncion / Vice President Paz Gomez, Public Works Director as authorized by the City Manager (print name/title) By: (sign here) Andrew Bader / CFO (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 DocuSign Envelope ID: E98F85BC-7F0F-4FF6-8F54-B19F76454505 PWM19-719TRAN Melrose Dr. at Poinsettia Ln.Traffic Signal Knockdown Repair 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 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 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: E98F85BC-7F0F-4FF6-8F54-B19F76454505 None NA NANANA 0.00 PWM19-719TRAN Melrose Dr. at Poinsettia Ln.Traffic Signal Knockdown Repair Page 6 of 6 City Attorney Approved 9/27/16 EXHIBIT B Melrose Drive at Poinsettia Lane Traffic Signal Knockdown Repair Contractor is to safetly secure the signal knockdown equipment and to furnish & install replacement of damaged equipment. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Traffic signal knockdown repair at Melrose Drive and Poinsettia Lane $7,934 TOTAL* $7,934 *Includes taxes, fees, expenses and all other cost DocuSign Envelope ID: E98F85BC-7F0F-4FF6-8F54-B19F76454505 Contractors License No. 982079 A – General Engineering C-10 High Voltage Electrical C-31 – Work Zone Traffic Control LBE# CMD121616779/ SBE# 1752478 12520 Kirkham Ct., Ste. 4, Poway, CA 92064 Tel: 619-348-7739 DATE:2/6/2019 TO:Tam Tran FROM:Jason Hayes COMPANY:City of Carlsbad PHONE:916-955-2977 PHONE:760-602-2736 FAX:EMAIL:Tam.Tran@carlsbadca.gov BID/PROJECT: Vehicle accident 2-5-2019 JOB Our quote is valid for :30 Thirty days, expiring on:3/8/2019 Location: Carlsbad at PonsettiaMelrose at Poinsettia Background: Traffic Light|2nd Call The Problem Is At The Northwest Corner. The Traffic Light Is Down Due To An Accident And Wires Are Exposed. Work completed on initial response: 2-5-19 Build TV2-T with 5-section and 3-section at the shop. Installed wire harness and L.E.D.'s Arrive At I/S with PD on Scene. Verified 1-A pole hit @ NWC Safed off site. Picked up Aluminum 1-A pole. Had to Customized 1-a pole base to fit existing anchor bolts. Drilled pole. Re-installed ppb and existing PED, Made custom harness for 5 sec head. Used all new indications. Work to do for permanent repair - Custom five section framework has been ordered. BES Staff to return and install five section custom framework. Labor 2,645.00$ Material 4,575.00$ Equipment 714.00$ 7,934.00$ PROPOSAL Melrose at Poinsettia TS Knockdown Total 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 1 of 1 PWM19-719TRAN Exhibit "B" DocuSign Envelope ID: E98F85BC-7F0F-4FF6-8F54-B19F76454505 CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 WVD SUBR N / A $ $ (Ea accident) (Per accident) 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). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE (A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. sarahsj 04/01/18 McSherry & Hudson McSherry & Hudson 1,000,000 357,000 157,000 X P.O. Box 4668 - ECM #35050 New York, NY 10163 Bear Electrical Solutions, Inc. Bear Electrical Solutions, Inc. LIC #0056172 LIC #0056172 THE OHIO CASUALTY INS CO. THE OHIO CASUALTY INS CO. 04/01/18 NAVIGATORS SPECIALTY INS CO NAVIGATORS SPECIALTY INS CO WEST AMERICAN INS CO WEST AMERICAN INS CO 04/01/18 UNDERWRITERS AT LLOYDS LONDON UNDERWRITERS AT LLOYDS LONDON Alviso, CA 95002 Alviso, CA 95002 BAW57113287 5,000,000 X X 04/01/18 04/01/18 1-888-845-2248 1-888-845-2248 5,000 X 408-550-2119 408-550-2119 1341 Archer Street 1341 Archer Street X 2,000,000 Suite 715 Suite 715 160 West Santa Clara Street 160 West Santa Clara Street X X X C 04/02/2018 04/02/2018 5,000,000 04/01/19A D San Jose, CA 95113 San Jose, CA 95113 D 30 Day Notice of Cancellation. 408-550-2130 408-550-2130 Additional Insureds: The City of Carlsbad, its officers, agents and employees. 24074 24074 RE: Traffic Signal Maintenance & Repair Services. 36056 36056 44393 44393 15792 15792 04/01/19 04/01/19 c/o EXIGIS Insurance Compliance Services 1,000,000 City of Carlsbad/CMWD Scheduled Equipment Rented/Leased Equipment 1,000,000 CAS-0000329-01 LA18EXC900785IC X 100,000 X 04/01/19 2,000,000 B Y Limit X Limit Per Project Aggregate 04/01/19 USA X X BMO57113287 BMO57113287 52504702 52504702 CAS-0000329-01 CAS-0000329-01 CAS-0000329-01 CAS-0000329-01 7494ofCOMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THEPOLICY. PLEASE READ ITCAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT 2013LibertyMutual InsuranceCA88 10 01 13 Page1of 7Includescopyrightedmaterialof InsuranceServices Office, Inc.,with its permission. This endorsement modifies insurance providedunder the following: BUSINESS AUTO COVERAGE FORM With respecttocoverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISIONNUMBER ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES INTHE EVENT OF ACCIDENT,CLAIM,SUIT OR LOSS 19 AMENDEDFELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATAELECTRONIC EQUIPMENT COVERAGE 13 BROADFORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto)2 EXTENDEDCANCELLATIONCONDITION 23 EXTRA EXPENSE -BROADENEDCOVERAGE 10 GLASS REPAIR-WAIVER OFDEDUCTIBLE 15 HIRED AUTOPHYSICAL DAMAGE (including employee hired auto and loss of use)6 HIRED AUTO COVERAGE TERRITORY20 LOAN / LEASE GAP 14 PARKED AUTO COLLISIONCOVERAGE (WAIVER OFDEDUCTIBLE)16 PERSONAL EFFECTSCOVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWINGAND LABOR 7 TWOORMORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS18 WAIVER OFTRANSFER OFRIGHTSOFRECOVERYAGAINST OTHERS TO US20 SECTION II -LIABILITY COVERAGE is amended as follows: 1.BROAD FORM INSURED SECTION II -LIABILITY COVERAGE, paragraph A.1.-WHOISAN INSUREDisamended to include the following as an insured: d.Anylegally incorporated entity of which you own more than 50 percent of the voting stock during the policy period.However,"insured"does not include any organization that: (1)Is apartnershiporjoint venture; or (2)Is an insured under any other automobilepolicy;or (3)Has exhausted its LimitofInsurance under any other automobilepolicy. Paragraph d.(2)of this provision does not apply to a policy written to apply specifically in excess of this policy. e.Any organization you newly acquireor form,other than a partnershiporjoint venture, of which you own more than 50 percent of the voting stock.This automatic coverage is afforded only for 180 days from the date of acquisition or formation.However,coverage under this provision does not apply: (1)If there is similarinsuranceora self-insured retention plan availabletothatorganization; Policy Number: BAW57113287 7594of571132870015962702013LibertyMutual InsuranceCA88 10 01 13 Page2of 7Includescopyrightedmaterialof InsuranceServices Office, Inc.,with its permission. (2)If the Limits of Insuranceofany otherinsurancepolicy have been exhausted; or (3)To "bodily injury"or"property damage"that occurred before you acquired or formed the organization. 2. EMPLOYEES ASINSUREDS SECTION II -LIABILITY COVERAGE, paragraph A.1.-WHOISAN INSUREDisamended to include the following as an insured: f.Any"employee"of yours whileusing a covered "auto"you do not own, hireor borrow, but only for actswithinthescope of their employment byyou. Insuranceprovided by this endorse- ment is excess over any otherinsuranceavailabletoany"employee". g.An "employee"of yours whileoperating an "auto"hired or borrowed under a written contract or agreement inthat"employee’s"name,with your permission,whileperforming dutiesre- lated to the conductofyour business and withinthescope of their employment. Insurance provided by this endorsement is excess over any otherinsuranceavailabletothe"employee". 3.ADDITIONAL INSUREDBY CONTRACT,AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE, paragraph A.1.-WHOISAN INSUREDisamended to include the following as an insured: h.Any person or organization with respect to the operation,maintenanceoruseofacovered "auto",provided that you and suchperson or organization haveagreed inawritten contract, agreement, or permit issued to you by governmental or public authority,toaddsuchperson, or organization, or governmental or public authority to this policy as an "insured". However,suchperson or organization is an "insured": (1)Only with respect to the operation,maintenanceoruseofacovered "auto"; (2)Only for"bodily injury"or"property damage"caused by an "accident"whichtakes place afteryou executed the written contractoragreement, or the permithas been issued to you; and (3)Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARYPAYMENTS 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 forcostofbail bonds(including bonds forrelated traffic violations)required becauseofan"accident"wecover.We do not havetofurnishthese bonds. (4)All reasonableexpensesincurred by the insured at ourrequest,including actualloss of earn- ings up to $500 a day becauseoftimeofffromwork. 5.AMENDEDFELLOW EMPLOYEE EXCLUSION In those jurisdictionswhere, bylaw,fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivityrule, orsimilar protection, the following provision is added: SECTION II -LIABILITY, exclusion B.5.FELLOW EMPLOYEE does not apply ifthe"bodily injury" results from the useofacovered "auto"you ownor hire. SECTION III -PHYSICAL DAMAGE COVERAGE is amended as follows: 6.HIRED AUTOPHYSICAL DAMAGE Paragraph A.4.Coverage Extensions of SECTION III -PHYSICAL DAMAGE COVERAGE,is amended by adding the following: If hired "autos"are covered "autos"for LiabilityCoverage, and if Comprehensive, Specified Causes of Loss orCollision coverage areprovided under the Business Auto Coverage Form for any "auto"you own, then the PhysicalDamage coverages provided areextended to "autos": a.You hire,rent or borrow;or Policy Number: BAW57113287 **** 7694of2013LibertyMutual InsuranceCA88 10 01 13 Page3of 7Includescopyrightedmaterialof InsuranceServices Office, Inc.,with its permission. b.Your"employee"hires orrents under a written contractoragreement inthat"employee’s" name, but only ifthedamage occurs whilethevehicle is being used intheconductofyour business, subjecttothefollowing limit and deductible: A.The most we will pay for"loss" inany one "accident"or"loss" is the smallestof: (1)$50,000; or (2)The actualcash value of the damaged orstolen property as of the timeofthe"loss";or (3)The costofrepairing orreplacing the damaged orstolen propertywith other property of like kind and quality,minus a deductible. B.The deductible will be equal to the largest deductible applicabletoany owned "auto"for that coverage. C.Subjecttothelimit, deductibleandexcess provisions described inthis provision,we will provide coverage equal to the broadest coverage applicabletoanycovered "auto"you own. D.Subjecttoamaximum of $1,000 per"accident",we will also cover the actualloss of useofthe hired "auto"ifit results from an "accident",you are legally liable and the lessorincurs an actual financialloss. E.This coverage extension does not apply to: (1)Any"auto"that is hired,rented or borrowed with a driver;or (2)Any"auto"that is hired,rented or borrowed fromyour"employee". For the purposes of this provision, SECTION V -DEFINITIONS is amended by adding the following: "Totalloss" means a "loss" in whichthecostofrepairs plus the salvage value exceeds the actual cash value. 7.TOWING AND LABOR SECTION III -PHYSICAL DAMAGE COVERAGE, paragraph A.2.Towing,is amended by the addition of the following: We will pay towing and laborcostsincurred, up to the limitsshownbelow,eachtimeacovered "auto"classified and rated as aprivate passenger type,"light truck"or"medium truck" is dis- abled: a.For private passenger type vehicles,we will pay up to $50 per disablement. b.For"light trucks",we will pay up to $50 per disablement."Light trucks"aretrucks that havea gross vehicle weight (GVW)of 10,000 pounds orless. c.For"medium trucks",we will pay up to $150 per disablement."Medium trucks"aretrucks that haveagross vehicle weight (GVW)of 10,001 -20,000 pounds. However,thelabormustbeperformed at the placeofdisablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a.,Coverage Extension of SECTION III -PHYSICAL DAMAGE COVERAGE,is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 Policy Number: BAW57113287 7794of571132870015962702013LibertyMutual InsuranceCA88 10 01 13 Page4of 7Includescopyrightedmaterialof InsuranceServices Office, Inc.,with its permission. 9.RENTAL REIMBURSEMENT SECTION III -PHYSICAL DAMAGE COVERAGE,A.COVERAGE,is amended by adding the following: a.We will pay up to $75 per day forrentalreimbursement expensesincurred byyou for the rental of an "auto"becauseof"accident"or"loss",toan"auto"forwhich wealsopay a "loss" underComprehensive, Specified Causes of Loss orCollision Coverages.We will pay only for thoseexpensesincurred after the first 24 hours following the "accident"or"loss"to the covered "auto." b.RentalReimbursement will be based on the rental of a comparable vehicle,which in many casesmay be substantially less than $75 per day, and will only be allowed for the period of time it shouldtaketorepair orreplacethevehicle with reasonable speed and similar quality,up to a maximum of 30 days. c.We will alsopay up to $500 forreasonable and necessary expensesincurred byyou to remove and replace your tools and equipment from the covered "auto". d.This coverage does not apply unless you haveabusiness necessity that other"autos"avail- ableforyour use and operation cannot fill. e.If "loss" results from the total theft of a covered "auto"of the private passenger type,we will pay under this coverage only that amount of yourrentalreimbursement expenseswhich is not already provided under Paragraph 4.Coverage Extension. f.No deductible applies to this coverage. For the purposes of this endorsement provision,materials and equipment do not include "personal effects"as defined inprovision 11. 10. EXTRA EXPENSE -BROADENEDCOVERAGE Under SECTION III -PHYSICAL DAMAGE COVERAGE,A.COVERAGE,we will pay for the expenseof returning a stolen covered "auto"to you.The maximum amount we will payis$1,000. 11. PERSONAL EFFECTSCOVERAGE A.SECTION III -PHYSICAL DAMAGE COVERAGE,A.COVERAGE,is amended by adding the following: If you havepurchased Comprehensive Coverage on this policy for an "auto"you own and that "auto"isstolen,we will pay,without application of a deductible, up to $600 for"personal effects" stolen with the "auto." The insuranceprovided under this provision is excess over any othercollectible insurance. B.SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision,"personal effects" mean tangibleproperty that is wornor carried by an insured.""Personal effects"does not include tools,equipment,jewelry,money orsecurities. 12.ACCIDENTAL AIRBAG DEPLOYMENT SECTION III -PHYSICAL DAMAGE COVERAGE,B.EXCLUSIONS is amended by adding the follow- ing: If you havepurchased ComprehensiveorCollision Coverage under this policy,theexclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Anyinsurance weprovide shall be excess over any othercollectible insuranceorreimbursement by manufacturer’s warranty.However,weagree to pay any deductibleapplicable to the othercov- erage orwarranty. 13.AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III -PHYSICAL DAMAGE COVERAGE,B.EXCLUSIONS, exception paragraph a.to exclu- sions 4.c.and 4.d.is deleted and replaced with the following: Policy Number: BAW57113287 7894of2013LibertyMutual InsuranceCA88 10 01 13 Page5of 7Includescopyrightedmaterialof InsuranceServices Office, Inc.,with its permission. Exclusion 4.c.and 4.d.do not apply to: a.Electronic equipment that receives or transmits audio,visual or data signals,whether or not designed solely for the reproduction of sound,if the equipment is permanently installed inthe covered "auto"at the timeofthe"loss"and such equipment is designed to be solely operated by use of the power from the "auto’s"electricalsystem,inor upon the covered "auto"and physical damage coverages areprovided for the covered "auto";or If the "loss"occurs solely to audio,visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for,repair,returnorreplacedamaged orstolen property will be reduced by a $100 deductible. 14.LOAN /LEASEGAP COVERAGE A.Paragraph C.,LIMIT OF INSURANCEofSECTION III -PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "totalloss"to a covered "auto"owned by orleased to you inany one "accident"isthe greater of the: 1.Balance due under the terms of the loan orleasetowhich the damaged covered "auto"is subjectatthetimeofthe"loss" less the amount of: a.Overdue payments and financial penalties associated with thosepayments as of the date of the "loss", b.Financial penaltiesimposed under a lease due to high mileage, excessiveuseor ab- normalwear and tear, c.Costs for extended warranties,CreditLife Insurance,Health, Accident orDisability Insurancepurchased with the loan orlease, d.Transfer orrollover balances from previousloans orleases, e.Final payment due under a "Balloon Loan", f.The dollar amount of any unrepaired damage whichoccurred prior to the "totalloss" of a covered "auto", g.Security deposits not refunded by a lessor, h.All refunds payableorpaidtoyou as a resultoftheearly termination of a lease agreement or as a resultoftheearly termination of anywarranty or extended service agreement on a covered "auto", i.Any amount representing taxes, j.Loan orleasetermination fees;or 2.The actualcash value of the damage orstolen property as of the timeofthe"loss". An adjustment for depreciation and physicalcondition will be made in determining the actual cash value at the timeofthe"loss".This adjustment is not applicable in Texas. B.ADDITIONAL CONDITIONS This coverage applies only to the originalloan forwhichthecovered "auto"that incurred the loss serves ascollateral,orlease written on the covered "auto"that incurred the loss. C.SECTION V -DEFINTIONS is changed by adding the following: As used inthis endorsement provision, the following definitions apply: "Totalloss" means a "loss" in whichthecostofrepairs plus the salvage value exceeds the actualcash value. A "balloon loan"isone with periodic payments that are insufficient to repay the balanceover the term of the loan, therebyrequiring a large final payment. Policy Number: BAW57113287 7994of571132870015962702013LibertyMutual InsuranceCA88 10 01 13 Page6of 7Includescopyrightedmaterialof InsuranceServices Office, Inc.,with its permission. 15. GLASS REPAIR-WAIVER OFDEDUCTIBLE Paragraph D.Deductible of SECTION III -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductibleapplies to glass damage iftheglass is repaired rather than replaced. 16. PARKED AUTO COLLISIONCOVERAGE (WAIVER OFDEDUCTIBLE) Paragraph D.Deductible of SECTION III -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductibledoes not apply to "loss" caused bycollision to such covered "auto"of the private passenger type orlight weight truck with a gross vehicle weight of 10,000 lbs.orless as defined by the manufacturer asmaximumloaded weight the "auto"isdesigned to carry while it is: a.In the charge of an "insured"; b.Legally parked; and c.Unoccupied. The "loss" mustbereported to the police authoritieswithin24hours of knowndamage. The total amount of the damage to the covered "auto"mustexceed the deductible shown inthe Declarations. This provision does not apply to any"loss" ifthecovered "auto"isinthecharge of any person or organization engaged in the automobilebusiness. 17.TWOORMORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE,iftwoormore company policies orcoverage forms apply to the sameaccident, the following applies to paragraph D.Deductible: a.If the applicableBusiness Auto deductible is the smaller(orsmallest)deductible it will be waived; or b.If the applicableBusiness Auto deductible is not the smaller(orsmallest)deductible it will be reduced by the amount of the smaller(orsmallest)deductible; or c.If the loss involves twoormoreBusiness Auto coverage forms or policies the smaller(or smallest)deductible will be waived. For the purposeofthis endorsement companymeans anycompany that is partoftheLiberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONSisamended as follows: 18.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2.is amended by adding the following: If you unintentionally fail to discloseany hazards,exposures ormaterial facts existing as of the inception date orrenewal date of the Business Auto Coverage Form,thecoverage afforded by this policy will not be prejudiced. However,you must report the undisclosed hazardofexposureassoon as practicable afterits discovery, and wehavetheright to collectadditional premium for anysuchhazardor exposure. 19.AMENDEDDUTIES INTHE EVENT OFACCIDENT,CLAIM,SUIT,ORLOSS SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.2.a.is replaced in its entirety by the following: a.In the event of "accident",claim,"suit"or"loss",you mustpromptly notify uswhen it is knownto: 1.You,if you areanindividual; 2.Apartner,if you areapartnership; 3.Member,if you arealimited liabilitycompany; 4.An executiveofficer or the "employee"designated by the Named Insured to give such notice,if you areacorporation. Policy Number: BAW57113287 8094of2013LibertyMutual InsuranceCA88 10 01 13 Page7of 7Includescopyrightedmaterialof InsuranceServices Office, Inc.,with its permission. Totheextent possible, noticetousshould include: (1)How,when and wherethe"accident"or"loss"took place; (2)The "insureds"name and address; and (3)The names and addresses of anyinjured persons and witnesses. 20.WAIVER OFTRANSFER OFRIGHTSOFRECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.5.,Transfer of Rights of Recovery AgainstOthers to Us,is amended by the addition of the following: If the person or organization haswaived those rights beforean"accident"or"loss",ourrights are waived also. 21.HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, paragraph B.7.,Policy Period,Coverage Territory,is amended by the addition of the following: f.For"autos"hired 30 days orless,thecoverage territory is anywhere intheworld, provided that the insured’s responsibility to pay for damagesisdetermined ina"suit",onthemerits,inthe United States,theterritories and possessions of the United States of America, Puerto Ricoor Canada orinasettlement weagree to. This extension of coverage does not apply to an "auto"hired,leased,rented or borrowed with adriver. SECTION V -DEFINITIONSisamended as follows: 22.BODILYINJURY REDEFINED Under SECTION V -DEFINTIONS, definition C.is replaced by the following: "Bodily injury" means physicalinjury,sickness or disease sustained by aperson,including mental anguish,mentalinjury,shock,fright or death resulting from any of theseatany time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATIONCONDITION COMMON POLICY CONDITIONS, paragraph A.-CANCELLATIONcondition applies except as fol- lows: If we cancel for anyreason other than nonpayment of premium,we will mail to the first Named Insured written noticeofcancellation at least60days before the effective date of cancellation.This provision does not apply inthose stateswhich require morethan60days prior noticeofcancella- tion. Policy Number: BAW57113287 **** SUPP (05/04) SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE NAME OF INSURED: Additional Description of Operations/Remarks from Page 1: Additional Information: Bear Electrical Solutions, Inc. Additional Insured and Waiver of Subrogation per attached form CA88100113. Auto Liability: Waiver of Subrogation per attached form CG24040509. Primary and NonContributory Wording per attached CG20010413. Additional Insured - completed operations per attached CG20370413. Additional Insured - ongoing operations per attached CG20330413. Includes: 04/02/2018 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/13/2018 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 SUBROGRATION 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 Willis Towers Watson 12980 Metcalf Ave Suite 500 Overland Park KS 66213 CONTACT NAME: San Jose PHONE (A/C, No Ext): (408) 321-9901 FAX (A/C, NO): (360) 828-0699 EMAIL ADDRESS: Jerry.Sparks@bbsihq.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:ACE American Insurance Company 22667 INSURED Barrett Business Services, Inc. L/C/F BEAR ELECTRICAL SOLUTIONS, INC. 1341 ARCHER STREET SAN JOSE, CA 95131 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: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 ISSUES 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJ- ECT LOC EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurence)$ MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident)$ BODILY INJURY (Per person)$ BODILY INJURY (Per accident)$ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB OCCUR EXCESS LIAB OCCUR DED RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED?Y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A X RWC C65176920 Covered states: CA 02/01/18 02/01/2019 9 WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $2,000,000 E.L. DISEASE - EA EMPLOYEE $2,000,000 E.L. DISEASE - POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) In the event of any payment under this policy for a Loss for which the named insured has waived the right of recovery in a written contract entered into prior to the Loss, insurer hereby agrees to also waive our right of recovery but only with respect to such Loss. CERTIFICATE HOLDER CANCELLATION City of Carlsbad - CMWD c-o EXIGIS Insurance Compliance Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 4668 - ECM # 35050 AUTHORIZED REPRESENTATIVE New York NY 10163 Authorized Rep c) 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)The ACORD name and logo are registered marks of ACORD. In the event of cancellation of the above policy, BBSI will provide written notice to the Certificate Holder 30 days (10 day s for non-payment of premium) prior to the expiration of the policy.