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HomeMy WebLinkAboutComputer Protection Technology Inc; 2019-08-02; PWM19-815GSProject: PWM19-815GS, SAFETY CENTER UPS REPLACEMENT Change Order No. 01 CONTRACT CHANGE ORDER NO. 01 PROJECT: Safety Center UPS Replacement CONTRACT NO. PWM19-815GS ACCOUNT NO. 3707000-9060-47231-9066/ 001-5310-7550 CONTRACTOR: Computer Protection Technology, Inc. ADDRESS: 1215 Pacific Oak Place, Suite 106 Escondido, CA 92029 P.O. NO. P137760 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to the Standard Specifications for Public Works Construction, perform the following: Item 1: Adding funding to purchase order P137760 for payment and performance bond. Total cost not to exceed ...................................................................... $1 , 007 TOTAL INCREASE TO CONTRACT COST .................................................... $1,007.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY ZERO (0) WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: r-li 1 ✓1ifp-20 .yuN IPAL PROJECTS MA AGER (DATE) \~J~ 1-l"-w ~G'iiJ'ERING MANAGER (DATE) APPROVED AS TO FORM: l/~.11~ (DATE) APPROVED BY: c~~ DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR r l t/17>/-z..o (DATE) (DATE) RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2020-0004503 1111111111111111111111 IIII IIIIII 11111111111111111111111111111111111111 Jan 06, 2020 11 :22 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES SO 00 (SB2 Atkins $0 00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 209-050-26-00 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on Nov. 25, 2019. 6. The name of the contractor for such work or improvement is Computer Protection Technology, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. PWM19-815GS, Project Name: Safety Center UPS Replacement. 8. The street address of said property is 2560 Orion Way, Carlsbad, CA 92010, in the City of Carlsbad. I, the undersigned, say: Scott Cha VERIFICATION OF CITY CLERK I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on lx-cem ht I /3th , 20J!t_, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on fuembif )31~ 20Jj_, at Carlsbad, California. CITY {:·r ~ ' BAR8ARAENGLESON City Clerk Q:\Public Works\General Services\Agreements & Contracts\Computer Protection Technology\Safety Center UPS Replacement• PWM19-815GS\4. NOC\2.NOC -Safety Center UPS Replacement• PWM19-815GS.docx CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Computer Protection Technology, Inc. has completed the contract work required for PWM19- 815GS -Safety Center UPS Replacement. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Remove and replace UPS units in the Main Electric Room and Utility Room with new Mitsubishi 11 00A UPS units. VALUE $50,335.85 CERTIFICATION OF COMPLETION OF IMPROVEMENTS CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. Date APPROVED AS TO FORM: CELIA BREWER, City Attorney Q\Public Works\General Services\Agreements & Contracts\Computer Protection Technology\Safety Center UPS Replacement-PWM19-815GSl4. NOC\3.API -Safety Center UPS Replacement -PWM19-81 SGS.docx PWM19-815GS CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SAFETY CENTER UPS REPLACEMENT; CONT. NO. 4723 This agreement is made on the i--nd day of ~t , 2019, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Computer Protection Technology, Inc., a California corporation whose principal place of business is 1215 Pacific Oaks Place, Suite 106, Escondido, CA 92029 (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: Charles Balteria (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. Safety Center UPS Replacement -Cont. No. 4723 Page 1 of 12 City Attorney Approved 9/27/16 PWM19-815GS FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. ~ Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount ofnot 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. Safety Center UPS Replacement -Cont. No. 4723 Page 2 of 12 City Attorney Approved 9/27/16 PWM19-815GS INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty (60) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill Computer Protection Technology, Inc., (name of Contractor) N/A (Contractor's license number) N/A (license class. and exp. date) 1000017263 (DIR registration number) 6/30/20 (DIR registration exp. date) Safety Center UPS Replacement -Cont. No. 4723 Page 3 of 12 1215 Pacific Oaks Place, Suite 106 (street address) Escondido, CA 92029 (city/state/zip) 760-7 45-8562 (telephone no.) N/A (fax no.) smurphy@cptups.com (e-mail address) City Attorney Approved 9/27/16 PWM 19-815GS 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 COMPUTER PROTECTION TECHNOLOGY, INC., a California corporation By: ~ CITY OF CARLSBAD, a municipal corporation of the State of California Paz G ~ ~~~ ~Cltor-.lM. ~ ..... ~ (print namJtitle) 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. BREWER, City Attorney Safety Center UPS Replacement -Cont. No. 4723 Page 4 of 12 City Attorney Approved 9/27/16 PWM19-815GS 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 9-6LT1'Uc,4w--t,, p~~ C-10 -" ~ O 14-(, lfJS~ol-J G,So.oPP~r \ 000000.32.5 "2-t -z... 11 I 2-oi\ ?-\'" ~t--J.01.Pb u.-,201)....1 Total% Subcontracted: The Contractor must perform no less than fifty percent (50%) of the work with its own forces Safety Center UPS Replacement -Cont. No. 4723 Page 5 of 12 City Attorney Approved 9/27/16 PWM19-815GS EXHIBIT B Safety Center UPS Replacement Contractor to provide all materials, tools and labor necessary to replace the Safety Center (Main Electrical Room) UPS with a new Mitsubishi 20kVA 11000 Services UPS# M1100A-A-208-20-208-A06- UD100350G01 and a new Mitsubishi 1100A Series -External Wall-Mount Bypass Switch #UD100105- 20S3KNN0; and the Safety Center (Utility Room) UPS with a new Mitsubishi 20kVA 11000 Services UPS #M1100A-A-208-20-208-A06-UD100350G01 or equivalent at the Safety Center located at 2560 Orion Way, Carlsbad CA, 92008. Scope of Work shall consist of all items mentioned in the contractor's proposals dated April 22, 2019 and is attached to this document as Exhibit "D" and Exhibit "E". Notes: • Contractor to remove and dispose all replaced equipment. • Contractor to test and verify operation of system. JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Safety Center (Main Electrical Room) UPS Replacement $28,800.65 2 LS 1 Safety Center (Utility Room) UPS Replacement $21,535.20 TOTAL* $50,335.85 *Includes taxes, fees, expenses and all other costs. Safety Center UPS Replacement -Cont. No. 4723 Page 6 of 12 City Attorney Approved 9/27/16 Premium Subject to Adjustment Based on Final Contract Price EXHIBIT C LABOR AND MATERIALS BOND PWM19-81SGS Bond No. 100453313 Premium: $1,007.00 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Computer Protection Technology, Inc., a California corporation (hereinafter designated as the "Principal"), a Contract for: SAFETY CENTER UPS REPLACEMENT CONTRACT NO. 4723 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, COMPUTER PROTECTION TECHNOLOGY, INC., a California corporation, as Principal, (hereinafter designated as the "Contractor"), and American Contractors Indemnity Company ________________ as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty thousand three hundred thirty five dollars eighty five cents ($50,335.85), 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. Safety Center UPS Replacement -Cont. No. 4723 Page 7 of 12 City Attorney Approved 9/27/16 PWM19-815GS 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_8_th _____ day of ___ Ju_l_y __________ , 20_1_9 _ _c_o_m_p_ut_e_r _P_ro_te_c_tio_n_T_e_c_h_no_l_og_y_, _1 n_c_. ___ (SEAL) _ A_m_e_ri_ca_n_c_o_n_tr_a_ct_o_rs_l_nd_e_m_n_it_y_c_o_m_p_a_ny_(S EAL) (Surety) (Principal) ""IA.1~ ----➔ -~ By: --'-~--{A------~--t::::a-- (Signature) Ted Lee, Attorney-in-Fact (Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney 7 c~~ By:. ~ Deputy City Attorney Safety Center UPS Replacement -Cont No. 4723 Page 8 of 12 City Attorney Approved 9/27/16 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 th~·1 document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On £21 /1 <// VI '1 ( Date personally appeared before me, K. Ho, Notary Public ···-·•---·· ··---·············--·· ... ---···· Here insert Name and Title of the Officer Ted Lee ······-·---~~~~------ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(~ is/~ subscribed to the within instrument and acknowledged to me that he/~/t~ executed the same in his/hGt/ttoox authorized capacity(~). and that by his/heel~ signature()() on the instrument the person(X), or the entity upon behalf of which the person(:s) acted, executed the instrument. =••=••······t 1 ~ K. HO . . ~ g: w~~ Notary Pub. lie· Callforn1e. ;;; ~ , --~-;:.~\ Qran~e (cunt-, ~ ;z t · ... Commiss1on ti 2 262, 0 1 ••· •' My Com:T,. Ex~nre') Nov 7, 2C22 Pface Notary Seat 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. Signature ~ Signare fNotary Public ---------------oPTIONAL--------------- Though this section is optional, compfeting 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: Bond# /oOlf.{3~1 J Document Date: _______ _ Number of Pages: ----··········-· Signer(s) Other Than Named Above: _____________ _ Capacity{ies) Claimed by Signer(s) Signer's Name: _i:ecl_~-~~---·· . Signer's Name:. _ -·· ____ _ ··--·· _______ _ I Corporate Officer -Tit!e(s): _____ ·-I Corporate Officer -Title(s): Partner -I Limited I I General I Partner -! Limited : General Individual Xl Attorney in Fact r Individual I : Attorney in Fact · Trustee , I Guardian or Conservator ' Trustee I I Guardian or Conservator Other: Other: S~eJr Is Representi~g: ~.uf £&--"\: .~t~~r~-Signer Is Rep.re;;~ting~ ··· ------- ..,;,,-h -<,,_.,.1,1)}4-C()lr. .f'':'n \./ .. :<.,'<'-<,'<'<,'<'<,'<'-<("0<;."'£.;,"£-,x,xx,x'k,x:lx'k,"<'-<,'<'J,c,,'<:-<,-.x,.'<:.<,,,'c<$<U:.,'<¼-.¼>'C(;.'C<.:c<,D<,'lx.X::...'C<.-'C<.-'C(;.'G<.«K,'<,;,<,'<X;.'<.:A;.-o<,'<.X,'C<;;c<,"=;;<½,-c<;,XX,'O(;'O(;'< ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 . ~~ TOKIO MARINE HCC KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, TED LEE its true and lawful Attorney-in-Fact, with full authority to execute on its behalf bond number _1_0_0_4_5_3_3_1_3 __________ _ issued in the course of its business and to bind the Company thereby, in an amount not to exceed ________ F_i_ft~y_th_o_u_s_a_n_d~, t_h_re_e_h_un_d_r_e_d_th_i_rt~y-_fi_v_e_a_n_d_8_5_/1_0_0 ________ (~ ___ $~5~0~,~3~35~-~8~5 __ ~). This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the pt day of September, 2011. "Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed President on this 1st day of June 2018. ,,,"""'"1111,,, ' ,,l 9-~CTOJ?. '1,,1 ~$'0~=············•.!"-1//;,~ hereto and executed by its State of California County of Los Angeles " ".·· • •• ?>_..<-!}( NCORPORATEO \~ t .,i \ SEPT. 25, 1990 /;; ff \~~--.. , ... ~·Of ,,,,,.,,,,,~◄i.-iFO~~'~,,,"' By: AMERICAN CONiC~;EMNITY COMPANY Ada S. Pessin, President 111,1111110\\\\ 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, accurac , or validit of that document. On this 1st day of June, 2018, before me, Sonia 0. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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.. s;goatuce ~ (seal) I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of July 2019 ,,,,,11111,,,,,,, ,,,,, "-~cro~ 111,, ~,, ~"'-·····• ....... 8 41,./~,,, ~c.P,.. · .. <>~ ff~/ \~ ~ 5:! f INCORPORATrn j ~ :§ -c,::· '-, -\:-t .. ~EPT. 25, 1~/~1 ~ ···-.. ..-··· $" .,,,,,,,,; 4 ii ;;oiil\' t,,,," 111llllfl\t\\\\\ Bond No. Agency No. 100453313 16937 HCCSZZPOAACIC06/2018 visit tmhcc.com/surety for more information ~ I DATE(MM/OD/YYYY) -1.CO_!l.H CERTIFICATE OF LIABILITY INSURANCE 4/10/2019 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/sl. PRODUCER 2~~A~Tsusan Hughes LAUREN MIRALLE INSURANCE AGCY INC P~,9~t r ., ( 760) 496-1686 IF~~ Nn\·(76O) 496-1684 5411 Avenida Encinas Ste 240 ~~tJ~""Susan@TheMiralleAgency.com Carlsbad, CA 92008 INSURER/SI AFFORDING COVERAGE NAIC# 0G63234 ,,~,,cccA Associated Industries Ins. co. 23140 INSURED Computer Protection Technology, Inc INSURER B: FARMERS INSURANCE EXCHANGE 21652 1215 Pacific Oaks Place #106 111.lC'I JDCD ('_ Escondido, ca 92029 INSURER D 760-745-8562 111.IC'IIDCD !== 1.i<:1 '""" 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 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 . 1TTR TYPE OF INSURANCE -:.~:;; ::~;:.n Pr>I_ICY NI ,uccc .• r.OL1cY EFF ',. r.OI,!\;'( .!c2<.P .. LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1.000.000 -X COMMERCIAL GENERAL LIABILITY ~:~~~~~ l/cr;_cn I t:U $ 100.000 I CLAIMS-MADE ~ OCCUR MED EXP (Anv one person) $ 1. 000 A ~ BILPD Deductible y y AES1085499 12/12/18 0.2/12/19 PERSONAL & ADV INJURY $ 1.000.000 5.000 GENERAL AGGREGATE $ 2,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 r, n~, ,N rx, P~O,: n I nr $ AUTOMOBILE LIABILITY -)-'E~~~~~~,8,SINGLE LIMIT $ i,uuu,uuu ANYAUTO BODILY INJURY (Per person) $ -ALL OWNED -;-SCHEDULED 01492-61-46 12/12/18 12/12/19 B AUTOS AUTOS y y BODILY INJURY (Per accident) $ --; NON-OWNED X HIRED AUTOS ;"~';'~;,~,}:,;'."DAMAGE $ --AUTOS $ UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE $ 5,000,000 -EXA1055336 12/12/2018 2/12/2019 A X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 ni=n I I RETENTION$ $ WORKERS COMPENSATION x IT~~JTr;,W" I 10Jb'· AND EMPLOYERS' LIABILITY A0959-73-95 11/30/18 11/30/19 1,000,000 ANV PROPRIETOR/PARTNER/EXECUTIVE [j EL EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? N/A y (Mandatory in NH) EL DISEASE -EA EMPLOYEE $ i,uuu,uuu ~t~;..'!~~;:/~eM ugier ·-__ , __ , ~ I l"'IICCACC _ Cr'II lr'V IMIT • 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101,Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED TO THE GENERAL LIABILITY per form CG2010 0704. Certificate holder is named addtional insured on the commercial auto. 30 day notice of cancellation per company form. Blanket Waiver of Subrogation on Workers Compensation per written contract. Primary and Non-contributory wording included per attached endorsement.Excess follows form over General Liability,auto,Employer Liability City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 -ECM #35050 New York, NY 10163-4668 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE l/\1LL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Susa11 ffughes © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD / POLICY NUMBER: AES 1085499 00 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 Additional Insured Person(s) or Location and Description of Completed Oraanizationlsl: Operations All persons or organizations where written contract with the Named Insured requires additional insured completed operations coveraae. Information reauired to comPlete this Schedule if not shown above will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG203707 04 © ISO Properties, Inc., 2004 Page 1 of 1 □ POLICY NUMBER: AES1085499 00 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but 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 performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 □ POLICY NUMBER: AES1085499 00 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: AES1085499 00 COMMERCIAL GENERAL LIABILITY CG 240405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: 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. CG24040509 © Insurance Services Office, Inc., 2008 Page 1 of 1 a ~ FARMER~ WC990619 INSURANCE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Named . COMPUTER PROTECTION TECHNOLOGY, INC. Insured . 1215PACIFICOAKSPL#106 ESCONDIDO CA 920292910 Effective Date 11/30/18 Agent 99-83-302 A0959-73-95 2018 Policy Number Policy of the Company Year WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization for which you perform work under a written contract that requires you to obtain thisagreementfrom us. The additional premium for this endorsement shall be~% of the Workers' Compensation premium otherwise dueforthestate(s) listed below on such remuneration, subjecttoa minimum chargeof_$_2_s_o __ _ All written contracts in the state(s) of. CA This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. Countersigned ____________ _ WC9906199-07 93-6369 Authorized Representative Page 1 of 1 )6369101