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HomeMy WebLinkAboutMark Thomas and Associates Inc; 2018-06-13; PSA18-443GSPSA18-443GS City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 2 TO EXTEND AGREEMENT FOR ELECTRICAL ENGINEERING, INSPECTION AND PREVENTATIVE MAINTENANCE SERVICES MARK THOMAS & ASSOCIATES, INC. This Amendment No. 2 is entered into and effective as of the _______ day of ___________________________, 2020, extending and amending the agreement dated June 13, 2018 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Mark Thomas & Associates, Inc., a California corporation (“Contractor") (collectively, the “Parties”) for electrical engineering, inspection and preventative maintenance services. RECITALS A. On June 4, 2019, the Parties executed Amendment No. 1 to the Agreement to extend and fund the agreement for one (1) year; and B. The Parties desire to extend and fund the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on June 11, 2021 on a time and materials basis not- to-exceed thirty thousand dollars ($30,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// /// /// DocuSign Envelope ID: A2485293-61AA-4FE7-AF23-BD848E9353D6 June 5th PSA18-443GS City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California MARK THOMAS & ASSOCIATES, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Mark Steven Thomas / President (print name/title) By: (sign here) Mark Steven Thomas / CFO, Secretary (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: _____________________________ Assistant City Attorney DocuSign Envelope ID: A2485293-61AA-4FE7-AF23-BD848E9353D6 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL 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 (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION 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-OWNEDAUTOSAUTOS 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 THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). 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. 3/20/2019 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-234-6848 619-234-8601 certificates@cavignac.com Valley Forge Insurance Company 20508 MARKTHO-01 National Fire Ins.Hartford 20478MarkThomasandAssociates,Inc350PaumaPlaceEscondido,CA 92029 Transportation Insurance Co. North American Specialty Ins. 1910192779 A X 2,000,000 X 300,000 10,000 2,000,000 4,000,000 X Y Y 6076210723 3/15/2019 7/15/2020 4,000,000 B 1,000,000 X XX Y 6076253572 3/15/2019 7/15/2020 C X X 5,000,0006076251138 5,000,000 3/15/2019 7/15/2020 D Cyber/InternetLiability WN174169 3/15/2019 7/15/2020 Limit $1,000,000 Re:PSA18-443GS.Additional Insured coverage applies to General Liability for City of Carlsbad/CMWD per policy form.Primary and Non-ContributorycoverageappliestoGeneralLiabilityperpolicyform.Waiver of subrogation applies to General Liability and Automobile Liability per policy form.Excess/Umbrella policy follows form over underlying policies:General Liability,Auto Liability (additional insured and waiver of subrogation apply). City of Carlsbad/CMWD405OakAvenueCarlsbadCA92008 SB146968B (Ed.6-16) IMPORTANT:THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH C.,OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION Architects,Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A.Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement;but the written contract or written agreement must be: 1.Currently in effect or becoming effective during the term of this policy;and 2.Executed prior to the: a."Bodily injury"or "property damage";or b.Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B.The insurance provided to the additional insured is limited as follows: 1.The 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: a.Your acts or omissions;or b.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement;or c."Your work"that is specified in the written contract or written agreement,but only for "bodily injury"or "property damage"included in the "products-completed operations hazard",and only if: (1)The written contract or written agreement requires you to provide the additional insured such coverage; and (2)This Coverage Part provides such coverage. 2.The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy,whichever is less.These Limits of Insurance are inclusive of,and not in addition to,the Limits of Insurance shown in the Declarations. 3.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of an architect's,engineer's,or surveyor's rendering of or failure to render any professional 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 by any architect,engineer or surveyor performing services on a project of which you serve as construction manager;or b.Inspection,supervision,quality control,engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1of2 Copyright,CNA All Rights Reserved. Policy No. 6076210723 SB146968B (Ed.6-16) 4.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of construction or demolition work while you are acting as a construction or demolition contractor. C.Under Businessowners Liability Conditions,the condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1.Give written notice of an occurrence or an offense to us which may result in a claim or "suit"under this insurance; 2.Tender the defense and indemnity of any claim or "suit"to us for a loss we cover under this Coverage Part; 3.Except as provided for in paragraph D.2.below: a.Tender the defense and indemnity of any claim or "suit"to any other insurer which also has insurance for a loss we cover under this Coverage Part;and b.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit"from the additional insured. D.With respect only to the insurance provided by this endorsement,the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2.and 3.and replace them with the following: 2.This insurance is excess over any other insurance available to the additional insured, whether primary,excess, contingent or on any other basis,But if required by the written contract or written agreement,this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3.When this insurance is excess,we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends,we will undertake to do so,but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (b)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E.The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2.and replace it with the following: 2.We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement 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 within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2of2 Copyright,CNA All Rights Reserved.40020002360762107234437 See below RE:The City of Carlsbad/CMWD . Workers' Compensation coverage is limited to worksite employees of Mark Thomas and Associates, Inc. through a co-employment agreement with TriNet HR III, Inc. A Waiver of Subrogation applies in favor of certificate holder as required by written contract. T3-X90 6/26/2019 Risk Management Department Commercial Lines - (305) 669-6000 (866)443-8489 (800)889-0021 USI Insurance Services LLC Work.Comp@Trinet.com 2601 S Bayshore Dr Coconut Grove, FL 33133 ACE American Insurance Company 22667 TriNet HR III, Inc. L/C/F Mark Thomas and Associates, Inc. 9000 Town Center Parkway Bradenton, FL 34202 14355818 A X WLR_C66151323 7/1/2019 7/1/2020 X 2,000,000 N 2,000,000 2,000,000 City of Carlsbad c/o EXIGIS Insurance Compliance Services PO Box 4668 New York, NY 10163 TriNet HR III, Inc. L/C/F Mark Thomas and Associates, Inc.WLR_C66151323 7/1/2019 7/1/2020 New York, NY 10163 PO Box 4668 c/o EXIGIS Insurance Compliance Services City of Carlsbad The City of Carlsbad/CMWD PSA18-443GS City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND AGREEMENT FOR ELECTRICAL ENGINEERING, INSPECTION AND PREVENTATIVE MAINTENANCE SERVICES MARK THOMAS & ASSOCIATES, INC. This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2019, extending and amending the agreement dated June 13, 2018 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and Mark Thomas & Associates, Inc., (“Contractor") (collectively, the “Parties”) for electrical engineering, inspection and preventative maintenance services. RECITALS A. The Parties desire to extend and fund the Agreement for a period of one (1) year. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on June 11, 2020 on a time and materials basis not- to-exceed thirty thousand dollars ($30,000). 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment.0 /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 4DD9D64D-B2F8-4EBA-8E3C-D753EA1E04C6 4th June PSA18-443GS City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment 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 Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Mark Steven Thomas / President (print name/title) By: (sign here) Mark Steven Thomas / CFO, Secretary (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: 4DD9D64D-B2F8-4EBA-8E3C-D753EA1E04C6 The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL 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 (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION 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-OWNEDAUTOSAUTOS 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 THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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). 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. 3/20/2019 Cavignac &Associates450BStreet,Suite 1800SanDiegoCA92101 Certificate Department 619-234-6848 619-234-8601 certificates@cavignac.com Valley Forge Insurance Company 20508 MARKTHO-01 National Fire Ins.Hartford 20478MarkThomasandAssociates,Inc350PaumaPlaceEscondido,CA 92029 Transportation Insurance Co. North American Specialty Ins. 1910192779 A X 2,000,000 X 300,000 10,000 2,000,000 4,000,000 X Y Y 6076210723 3/15/2019 7/15/2020 4,000,000 B 1,000,000 X XX Y 6076253572 3/15/2019 7/15/2020 C X X 5,000,0006076251138 5,000,000 3/15/2019 7/15/2020 D Cyber/InternetLiability WN174169 3/15/2019 7/15/2020 Limit $1,000,000 Re:PSA18-443GS.Additional Insured coverage applies to General Liability for City of Carlsbad/CMWD per policy form.Primary and Non-ContributorycoverageappliestoGeneralLiabilityperpolicyform.Waiver of subrogation applies to General Liability and Automobile Liability per policy form.Excess/Umbrella policy follows form over underlying policies:General Liability,Auto Liability (additional insured and waiver of subrogation apply). City of Carlsbad/CMWD405OakAvenueCarlsbadCA92008 SB146968B (Ed.6-16) IMPORTANT:THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH C.,OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION Architects,Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A.Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement;but the written contract or written agreement must be: 1.Currently in effect or becoming effective during the term of this policy;and 2.Executed prior to the: a."Bodily injury"or "property damage";or b.Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B.The insurance provided to the additional insured is limited as follows: 1.The 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: a.Your acts or omissions;or b.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement;or c."Your work"that is specified in the written contract or written agreement,but only for "bodily injury"or "property damage"included in the "products-completed operations hazard",and only if: (1)The written contract or written agreement requires you to provide the additional insured such coverage; and (2)This Coverage Part provides such coverage. 2.The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy,whichever is less.These Limits of Insurance are inclusive of,and not in addition to,the Limits of Insurance shown in the Declarations. 3.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of an architect's,engineer's,or surveyor's rendering of or failure to render any professional 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 by any architect,engineer or surveyor performing services on a project of which you serve as construction manager;or b.Inspection,supervision,quality control,engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1of2 Copyright,CNA All Rights Reserved. Policy No. 6076210723 SB146968B (Ed.6-16) 4.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of construction or demolition work while you are acting as a construction or demolition contractor. C.Under Businessowners Liability Conditions,the condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1.Give written notice of an occurrence or an offense to us which may result in a claim or "suit"under this insurance; 2.Tender the defense and indemnity of any claim or "suit"to us for a loss we cover under this Coverage Part; 3.Except as provided for in paragraph D.2.below: a.Tender the defense and indemnity of any claim or "suit"to any other insurer which also has insurance for a loss we cover under this Coverage Part;and b.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit"from the additional insured. D.With respect only to the insurance provided by this endorsement,the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2.and 3.and replace them with the following: 2.This insurance is excess over any other insurance available to the additional insured, whether primary,excess, contingent or on any other basis,But if required by the written contract or written agreement,this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3.When this insurance is excess,we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" If no other insurer defends,we will undertake to do so,but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (b)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E.The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2.and replace it with the following: 2.We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement 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 within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2of2 Copyright,CNA All Rights Reserved.40020002360762107234437 PSA 18-443GS AGREEMENT FOR ELECTRICAL ENGINEERING, INSPECTION, AND PREVENTATIVE MAINTENANCE SERVICES MARK THOMAS AND ASSOCIATES, INC. THIS AGREEMENT is made and entered into as of the / 3i±1 day of -F--¥c~~~"'-------=-' 2018, by and between the CITY OF CARLSBAD, a municipal co ration, ("City"), and MARK THOMAS AND ASSOCIATES, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in electrical engineering services, as well as electrical distribution system inspection and preventative maintenance. B. Contractor has the necessary experience in providing professional services and advice related to electrical engineering and electrical distribution system inspection and preventative maintenance. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one ( 1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty thousand dollars ($30,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty thousand dollars ($30,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". City Attorney Approved Version 9/27/17 PSA 18-443GS Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. 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 such workers employed by him or her in the execution of the 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. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys City Attorney Approved Version 9/27/17 2 PSA 18-443GS fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to 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. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 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. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. City Attorney Approved Version 9/27/17 3 PSA18-443GS 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. Ill Ill Ill 4 City Attorney Approved Version 9/27 /17 For City Name Brian Bacardi Title Public Works Superintendent Department Public Works City of Carlsbad Address 405 Oak Avenue Carlsbad, CA 92008 Phone No. 760-434-2944 PSA 18-443GS For Contractor Name Mark Thomas Title Project Manager Address 350 Pauma Place Escondido, CA 92029 Phone No. 760-658-6098 Email mark@mtaee.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. Yes D No 0 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten ( 10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version 9/27 /17 5 PSA 18-443GS 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, 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 information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor City Attorney Approved Version 9/27/17 6 PSA 18-443GS and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 9/27/17 7 PSA 18-443GS 27. 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 MARK THOMAS AND ASSOCIATES, INC., a California corporation By:~LLS (sign here) Mo.r k 1boro~ /? '"c.!>; d.QA:IT (print name/title) By: ~ CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey / Pubr orks Director as authorized by the City Manager 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 BY:-~~-~-----=--=------------- Deputy City Attorney City Attorney Approved Version 9/27/17 8 Scope of Infrared Scanning Services EXHIBIT"A" SCOPE OF SERVICES • Complete IR Survey of all City of Carlsbad facilities. PSA 18-443GS • Provide one IR tech and one electrician to open all electrical equipment for IR scanning scope. Both the IR tech and the electrician assigned to this project will be performing this work while wearing the proper Arc Flash PPE for the duration of this project. • Provide IR Scanning of all Panels, Transformers, Distribution Boards, Switchboards, Disconnects, VFDs, and Motor Starters. • MTA will provide a small lR label on each piece of equipment that we scan in your facility with the date equipment was scanned. • Provide complete IR scanning report detailing any and all problem areas, provide list of all equipment and locations scanned under this project scope. • Provide report in digital form. Scope of Switchgear Test and Maintenance Services • Torque and Clean of main Switchgear in main electric room during utility outage. • Torque all bussing Protective device lugs and Bus Fingers to manufacture specs. • Work to be performed on the same day during the same 8 hour shut down. • Note: a complete power outage is required to perform above scope. Building owner to schedule power outage with serving utility. MTA is not responsible for any utility fees associated with this outage Optional Switchgear Testing • Test Breakers and Fuse Switches install in main switchboard. • Perform Contact Resistance Test on each phase with DLRO • Perform Insulation Resistance Phase to Phase and Phase to ground across all phases • Perform Insulation resistance across open poles. • Work to be performed on the same day during the same 8 hour shut down. • Note: a complete power outage is required to perform above scope. Building owner to schedule power outage with serving utility. MTA is not responsible for any utility fees associated with this outage City Attorney Approved Version 9/27/17 9 PSA 18-443GS Scope of Ground Fault Testing and Recertification Services • Primary Injection Testing of Ground Fault Module at Service Entrance. • Perform Ground Fault Pick Up test by primary current Injection. • Perform Ground Fault Delay test by primary current injection at 150% of Ground Fault Pickup setting. • Confirm Proper CT polarity by current injection. • Confirm Pickup and Time Delay test results on Manufacture's time current curve. • Perform Neutral to Ground Insulation Resistance Test. • All Testing to be performed per NETA Standards, as outline in NETA ATS. • Complete Test Reports and Ground Fault Acceptance labels to be provided upon project completion. Scope of Short Circuit, Coordination and Arc Flash Study • Site verification of existing electrical equipment and settings. Time allotted with an electrician (provided by MTA) to open switchgear and panel boards as required for MTA to verify all existing conditions. • Facilities' Singleline Diagram input into SKM Power Tools for short circuit and coordination study. • Complete SKM Power Tools reports containing, device evaluation, input reports, short circuit reports, time current curves and recommended device settings. • If Applicable, one Arc Flash label per piece of electrical equipment, limited to: panels, transformers, switchgear (one per section), motor control centers (one per section), VFDs and Disconnects. • MTA to submit hard copy bound study to Client with all relevant electrical reports as well as a digital copy of the study in PDF format. • MTA to provide updated Singleline Diagram of power system in Hard Copy (full Size 30x42) as well as a digital copy ofthe Singleline in PDF format. • MTA to provide and Install one set of Arc Flash labels. Scope of Engineering Design Services Develop Design, Review, and Stamp & Sign Project Documents A. Provide power and lighting design B. Lighting design to meet Title 24 standards. C. Mechanical power connections to HVAC equipment. D. Single Line Diagrams, Panel Schedules, and Load Summaries. E. Drawings are to be prepared in ACAD 2013 edition. F. Plan Check Correction Responses. G. Services include complete Electrical Drawings signed and stamped ready for plan check, (Plans to be taken to city for plan check by others) City Attorney Approved Version 9/27 /17 10 PSA 18-443GS Building Service Price City of Carlsbad -IR Complete IR scanning of City Scanning Facility. Includes all electrical Equipment at Facility. (Depending on site and equipment access MTA Can Typically scan 80 pieces of equipment per day) $1,550/PER DAY City of Carlsbad -Switch Torque and Clean of Main Gear Maintenance Switchboard in Main Electrical $350/Section Room. Pricing is Per $1,200 Minimum for Vertical Switchboard Section Weekend SWGR Work City of Carlsbad -Test breakers main switchboard - Protective Insulation test and Contact Device Maintenance Resistance Test for Breakers lO0Amps and Larger $200/unit City of Carlsbad -Main Ground Fault Testing and Breaker or Switch Ground Recertification of Ground Fault Fault Testing and Protection System of Main Rectification breaker or Fused Switch $1,350/Unit City of Carlsbad -Power Short Circuit, Coordination and $125/piece of equipment System Studies Arc Flash Study report with min cost for study is Labels $1,250 City of Carlsbad -Design Design engineering services and $1,650 Minimum Fee (will Engineering Services construction drawings cover most small design projects) -For larger project Engineering Design Services would be billed at $175/HR City Attorney Approved Version 9/27/17 11 ~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 02/08/2018 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marc Nimetz Marc Nimetz PHONE I FAX 14261 Danielson St Ste B (A/C, NO, EXT): 858-866-814 7 (A/C, NO): 858-815-6930 E-MAIL Poway CA 92064-8897 ADDRESS: mnimetz@farmersagent.com INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Truck Insurance Exchange 21709 INSURERS: Farmers Insurance Exchcyige 21652 MARK THOMAS AND ASSOCIATES INSURERC: Mid Century Insurance Company 21687 350 PAUMA PLACE INSURERD: INSURERE: ESCONDIDO CA 92029 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME 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 TYPE OF INSURANCE ADDTL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) )( COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 I CLAIMS-MADE [3] OCCUR DAMAGE TO RENTED $ PREMISES (Ea Occurrence) 75,000 MED EXP (Any one person) $ 5 000 A y y 606307484 11/11/2017 11/11/2018 PERSONAL &ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4 000 000 ~ POLICY D PROJECT D LOC PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) -ANY AUTO BODILY INJURY (Per person) $ --OWNED AUTOS X SCHEDULED 606662167 BODILY INJURY (Per accident) $ A ONLY AUTOS y y 06/24/2018 06/24/2019 -- X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ ONLY AUTOS ONLY (Per accident) --$ ~ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAB CLAIMS-MADE y y 606312600 11/11/2017 11/11/2018 AGGREGATE $ 3,000,000 DED IX I RETENTION $10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I PER I X STATUTE I OTHER $ ANY PROPRIETOR/PARTNER/ Y/N E.L. EACH ACCIDENT $ 1,000,000 A EXECUTIVE OFFICER/MEMBER ~ N/A y A09495577 06/08/2018 06/08/2019 E.L. DISEASE-EA EMPLOYEE ~ 1,000,000 EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Carlsbad/CMWD, its officials, employees and volunteers are named as additional insured hereunder as respects liability arising out of activities performed by or on behalf of the Named Insured. Certificate revised on 5/31/ 18. CERTIFICATE HOLDER CANCELLATION c/o EXIGIS Insurance Compliance Services PO BOX 4668 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 7naA.c,,,,v," ACORD 25 (2016/03) 31-1769 11-15 ©1988-2015 ACORD CORPORATION. All Rights Reserved The ACORD name and loao are reaistered marks of ACORD .. ., ~ FARMERS WC990619 INSURANCE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Named . MARKTHOMASANDASSOCIATES Insured . 350 PAUMA PLACE ESCONDIDO CA 92029 Effective Date 06/08/18 Agent 99-51-361 A0949-55-77 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, subject to a minimum charge of $250 • All written contracts in the state(s) of. CA This endorsement is part of your policy. It supersedes an<;i controls anything to the contrary. It is otherwise subjecttoalltheterm . e licy. WC990619A 9-07 93~69;WC990619A Page 1 ofl ]6369111 POLICf NUMBER: 60630-74-84 BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: CITY OF CARLSBAD/CMWD * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Sched- ule is also an insured, but only with respect to liability arising out of your ongoing operations or premises owned by or rented to you. BP 04 48 01 97 Copyright, Insurance Services Qffice, Inc., 1997 Page 1 of 1 D ~ FARMERS INSURANCE 11/27/17 Effective Date 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: BUSINESSOWNERS COMMON POLICY CONDITIONS -BP 00 09 SCHEDULE Name of Person or Organization: CITY OF CARLSBAD/CMWD E33Q6 1st Edition 60630-74-84 Policy Number (If no entry appears above, information required to complete this Endorsement must be shown in the Declarations as applicable to this endorsement.) The provisions of the Businessowners Common Policy Conditions are modified by this endorsement as follows: Condition K. Transfer Of Rights Of Recovery Against Others To Us in the Businessowners Common Policy Conditions is amended by the addition of the following: 3. 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. 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. 11-3306 1 ST EDITION 6-97 Includes Copyright Material Insurance Services Office, Inc., 1992 E3306101 PAGE 1 OF 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Number: 60630-74-84 POLICY CHANGES Effective Date of Change: l l /27 / l 7 Change Endorsement No.: 015 Expiration Date: 11/11/18 Agent: 99-51-361 Named Insured: MARK THOMAS AND ASSOCIATES 350 PAUMAPIACE ESCONDIDO CA 92029-1702 The following item (s): lnsured's Name lnsured's Mailing Address Policy Number Company Effective / Expiration Date lnsured's Legal Status / Business of Insured Payment Plan Premium Determination X Additional Interested Parties Coverage Forms and Endorsements Limits / Exposures Deductibles Covered Property / Location Description Classification / Class Codes Rates Underlying Insurance is (are) changed to read {Sec Additional Pagc(s)}: The above amendments result in a change in the premium as follows: X No Changes To Be Adjusted At Audit Additional Premium Return Premium $ $ Authorized Representative Signature: E4277 1st Ellitien ~ FARMERS INSURANCE 91-42n 1ST EDITION 7--02 E42n-ED1 Includes Capyrighl,d Malerial, lnsuraoo Sonicos Offio, Int, wilh rs p,rnission. £4277101 PAGE 1 OF 2