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Competitive Lighting Maintenance Incorporated dba Competitive Lighting & Electrical; 2020-04-09; PWM20-1073FAC
PWM20-1073FAC CWRF Parking Lot Light Replacement; Cont. No. 6074 Page 1 of 11 City Attorney Approved 1/25/2019 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CARLSBAD WATER RECYCLING FACILITY (CWRF) PARKING LOT LIGHT REPLACEMENT This agreement is made on the ______________ day of _________________________, 2020, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Competitive Lighting Maintenance Incorporated, dba Competitive Lighting & Electrical, a California corporation whose principal place of business is 1236 Keystone Way, Vista, CA 92081 (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: Mark Mou (City Project Manager). WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: 62F7E4E4-2C30-426A-9B4B-E9F29548D1DA 9th April DocuSign Envelope ID: 62F7E4E4-2C30-426A-9B4B-E9F29548D1DA PWM20-1073FAC 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 Contracto · &l::1-0-6-G tractor fror participating in contract bidding. Signature: ~d Print Name: '?01J -r, hloR .. S--(_ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1 ,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ...... $1 ,000 ,000 Property damage insurance in an amount of not less than ....... $1 ,000 ,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned. non -owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non -cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as requir-ed 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. CWRF Parking Lot Light Replacement; Cont. No . 6074 Page 2 of 11 City Attorney Approved 1/25/2019 DocuSign Envelope ID: 62F7E4E4-2C30-426A-9B4B-E9F29548D1DA PWM20-1073FAC 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 fifteen (15) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within forty-five (45) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill Competitive Lighting Maintenance Inc., dba Competitive Lighting & Electrical (name of Contractor) 791147 (Contractor's license number) C-1 0 2/28/22 (license class. and exp. date) 1000050780 (DIR registration number) 6/30/21 (DIR registration exp. date) CWRF Parking Lot Light Replacement: Cont No. 6074 1236 Keystone Way (street address) Vista, CA 92081 (city/state/zip) 760--726 -3022 (telephone no.) 760-414-1614 (fax no.) rmorese@competitivelighting .com (e-mail address) City Attorney Approved 1/25/2019 DocuSign Envelope ID: 62F7E4E4-2C30-426A-9B4B-E9F29548D1DA PWM20-1073FAC 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 COMPETITIVE LIGHTING MAINTENANCE INCORPORATED dba COMPETITIVE LIGHTING & ELECTRICAL, a California corporation ~·r:;;? -I /4/ L~ CITY OF CARLSBAD, a municipal corporation of the State of California By: JJ15 ~ /) (sign here) ~ Paz Gomez, Deputy City Manager, Public J<,:"0 ,r )Uol<" S-c__ c;:d._ ~ Works, as authorized by the City Manager (print name/title) ' \,, <>, ru..J.. , B . ~ --x:e l._XTI~d r2 f /.,-._ CA1--1fc,,Afl,\ l¾::l.'r,Ow lcdey~-wfC ' (sign here) /2,.; r W oftl.e s.-e.- (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor mu st be attached. 11..i! corporation, Agreement must be signed by on e corporate officer from each of th e following two groups: Group A Chairman , Pres ident, 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~0"' ~-::, Assistant City Attorney CWRF Parking Lot Light Replacement; Cont. No. 6074 Page 4 of 11 City Attorney Approved 1/25/2019 DocuSign Envelope ID: 62F7E4E4-2C30-426A-9B4B-E9F29548D1DA CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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, accuracy, or validity of that document. State of California County of ~Y\,l ])1(¢10 } On ~/J_c,(2_,02._6 before me, -~---'----"'a=L~"--'~c..:....:...-_{V\:.___U __._--1-+---'---"--""'-'-';_;:_;,~'-=-.:..i.!L.J'-"~,<__- Date personally appeared Jb~O.}Vl.D.__\_j_ . .:__· _1_(Y\IjL{J{)'f_Je~t:zt_~=------,-,----:::::===============--- Name(s/ of Signerfs/ -- who proved to me on the basis of satisfactory evidence to be the person(s) whose name~are subscribed to the within in strument and ackno~ged to me thatQ;}she/they executed the same i@her/their authorized capacity(ies), and that bi(bls,//her/their signature(s) on the in strument the person(s), or the entity upon behalf of which the person(s) acted, executed the in strument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. official seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Descri · n of Attached Document Title or Type o Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Indiv idual D Trustee D Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ i ner's Name: □ orate Officer -Title(s): ______ _ □ Partne D Limited D General □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator D Other: Signer is Representing: ___ __,___ _____ _ ~-w~~~-:¾'J-~-m~$':J@§ffi~~~~!®-'l~-~~~~~~~ ©2018 National Notary Association M1304-09 (09/19) DocuSign Envelope ID: 62F7E4E4-2C30-426A-9B4B-E9F29548D1DA PWM20-1073FAC 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 None Total% Subcontracted: ______ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. CWRF Parking Lot Light Replacement; Cont. No. 607 4 Page 5 of 11 City Attorney Approved 1/25/2019 DocuSign Envelope ID: 62F7E4E4-2C30-426A-9B4B-E9F29548D1DA PWM20-1073FAC EXHIBIT B CWRF PARKING LOT LIGHT REPLACEMENT Contractor to provide all materials, tools and labor to remove and replace four (4) existing light poles at 6220 Avenida Encinas, Carlsbad, CA 92011 . Scope of work to include: • Remove and replace four (4) existing light poles with new 16' aluminum poles. • Remove and replace four (4) existing metal halide light fixtures with self contained solar powered light fixtures (4000K). • Contractor to permently safeoff existing electrical feeds in a manner that complies with the National Electrical Code, and will prevent any possible dead short in the future. • Contractor shall haul off all existing poles and light fixtures removed as part of this project. All materials must be recycled as appropriate. Light fixture lamps and ballasts must be recycled as hazardous waste material. • Contractor to perform test of newly installed fixtures to confirm correct operation. Scope of Work shall consistent of all items mentioned in the contractor's proposals dated Feb. 24, 2020 and are attached to this document as Exhibit "C" and Exhibit "D". JOB QUOTATION ITEM UNIT QTY DESCRIPTION NO. 1 LS 4 Remove existing light poles and fixtures. Replace with new Sonaray 16' aluminum poles and solar LED light fixtures. TOTAL* *Includes taxes, fees, expenses and all other costs. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill PRICE $12,105 $12,105 CWRF Parking Lot Light Replacement; Cont. No. 607 4 Page 6 of 11 City Attorney Approved 1/25/2019 DocuSign Envelope ID: 62F7E4E4-2C30-426A-9B4B-E9F29548D1DA · (U t l. " T ; r'tr'i Cornp,etitlile i.iglttln,g ii. Eleclti~I, In.c. 1236 Keystone Way, ltllSl:a CA 92081 PHI (76.0) 7.l.t.:iOJ2f :PAX: (iGti) <li'4.1G14 vtww,tom~tiliiielil;ktlfi{l.t(lrn :Namer Atii:lren C:itv of Clitisl!i!.d Public Wmt MtiltM01i 4050llkAvm~ CU!!-bad:. CA ~l)DS: EXHIBIT C CONTRACTOR'S PROPOSAL P.O. ot NUIOW Shl,p'fo Clfy' tfCiltl1b11.il. PilbJJt Wotk1 o::in A\"eiiki11.!incmas C:u:b~CHJOH Uintedst,11ei Nst4:5 i[}e$.CJr1j)lion -~ --·-- !NirrALUTI.ON & ~:i:JPJ:IL Y <lF QtY (4) .l~.OIT A1.t1AftNUMtIOHf POLES: A.~. QTY N) SELF.CO'Ni'AIN.ED Sot.All Lltlfr .fli.'fil'RES. {400-0'K) LM30RM.<\N ONE{~t li'Ozj LAll01tM.AN TWO (!'I) SCOPE: E~'nu\Ct C(t'i (◄) ExtSTINo l5Fl' SNTSPOLES A."ID lontttME:i'ALHi\tIDli(Hfi)}Ftitft.iRES imAI)lL SAFI!; OFF Att lil.llCTIUG.U. tERlviiNAfiON l>-OOOS ~AD llND TERMlNA1:JO}tof' i~=r~:°iR~J~~~,AP~cguli~n~~~lt\17 POLES ON IixtS'flNG ANCHO.RAOE. {BOU' tillOJECTION ./OOl. BO'LT CJltCL!B)tlvlENSWN'AL COMPA'lmtt.l'h'SHAU .BltDiiW..MlmIDBYCTJ}fl'.RACTORrotlo\\llNGA\VAfillOF CON'mA.Cf). Sil~ Pot.as. lN I.it.ACE AND U.Vfil. Acctl!UJlN'GL Ye lNiiTAt.1 QtY(-fJ CONfiUCtORJiltOVlm!D SlltN,1c»rtAlN'!ID sot.AP. ARMUGHT lltX'Itii11!.S (1.1:J1!1-l!NAJ1\ES] ON M Qn' t4} Nr.Wt YINP>tAlliID l&.o:n U(lffl' POLa Sliettrui.l'N P1ACF! P.Blt SPJ!tlFlc:ATlc»-tWffll: :MANtJFAerolUNG l>lHlVID!ID MOttN:riNG HMU)WARE .. mr Q1:\' (4}Nr;\\IL Y. msrillm sm. ~-eomAJNED sOLAA u<mr. · ~ATu'RE.s FOR PB.OP.BP.. Ft!NC110NMJTY Afl-·sllEClFJRD BY tiANt<11AC'ltl!UNo. lt£lvlO\>'£ ANY SP0.11.S, FROM 'tHE 100 SI.TE AND :MOVr; 0:-1 ... RThi•:iiON•RSAAfl..aP.llN091.4•1~"10·'Ha'l'•Gl!.Y ·(16.0Frli.OUNO S'Il\:AlGHT .ALtlMlNt.lMPOU:, ANCi:tM BAm 4Jfilil WIDfil; 0.115 \VA1.t TiiiCKNESS •. MSlN' TENO~ CAfi. lilil:ll:CE BMiE to\rJ'ilt, <illA Y liO\\ttmit COAT mtt!iH; MAJ:m iN USA) Subtotal PWM20-1073FAC Estimate Dale Oue.Da.te Rep Qty NO'.rn: tliit l! ~· i!.IH!,1llit1tl!, !!ilify \il'iro!S~ tlilidlt[oru Ctp)l!ib.lJ;Ji1~ ,W:'il; A CUI tlimtg! •tirdet wm be ti!q\liil!il. rot fili'1bi!l !!Kitka.I W.\'6Dg!ll¢.i1,'li'i!llbl'il !liilolitillg; alldVOi' rollierial wd ll!Jll!ITT, sai:es tax (7.75%) Total CWRF Parking Lot Light Replacement -Cont. No. 6074 Page 7 of 11 DocuSign Envelope ID: 62F7E4E4-2C30-426A-9B4B-E9F29548D1DA : .r _ ( co_Ml'lll!'1'!~£ Lil.llfflNG ~l:L t {T lll (:I\L C~m~lijve· Ugh,tiri,g ~ ijlgctr,i!;i!I, lnc, 12:i!& Kll'y~t<ll!le Way, V~!:il, CA llW!H PH1 (7&0} !ZG:30~2/ ~AX: (i~)iM,l(l:14 w,,vw.,~001p'l!!t1wel1:9iilt1ng_,,om PWM20-1073FAC Estimate City o!Ci1!:l!;~P1.i!ilk1,1fc-i:b; M~MolJ. =CLty4JfC'~-~bAd:PlAblic:,\7<!i.~ --~--____ _ o-m AVffl!d~Et!t:~ 4050!!};A~ C!l.rn~-<'.'c.Ano1.1 C'4rllti~il CA ~i;.ns vmw~ ~~~i ?.0, Of Nl.!10- M.MOU Oni:rip1i1m RTh{,:SON,$R,ffl-l\l92-4,3Q4S• T3•740,('1G,0W SWBRlTB ll-01.A.R UGHT m.'TI.IRE, REAM ANGLE ~()j.135'TYPern, INPUT V-OLTAOE 11.lV,POWER.:SUPJILY: SOLA.!tPANEL&BA.TTEJI..Y, 7o+QU. 4~Q~lt, 42AOLM, 1451lJIW, UOITTGRAYFIJ:l'l:ffl, UOHTINGPUF;ATION: 12,0HRS, TIME FOR. FUU. CH,\ROE: 3,tJHRS> Cl.£.MATIOO,IIJ.S·M·Jl.·F·S~'TIW,<U,;S REQUJRlm FOR. SCOPE).CLE MI:K: ELECTIUCAL lNSTALI..AllON MATERIALS, NUTS.BOLTS. WASHEl{S.. NON-1\lETALLJC BUSffiNOt WlFJl, NUTS, lUCTIUCAL TAP.E. Smu:NK wmNG; PROP J\NE, MS.ClW,l!CAL ll!lWlNATl-O~S. 'J.'!Afflll.JIROQF:$PUCE SOOTS, ZUl TIES, .OPJLI.. BITS,. Ml.SC WCTIUCAL MATERIAL AS l-lm)lW, im::;) . F1J&. SVRCHM!,GE.:J;,UFJ: BVC't'.ET • OU'l'OOl;-'NO F1J&. SlJRCHi\R.OS.250HD•02 -OlJlllOUNP ~Afl..P.O!n WAS.'Hl f~ (FJICYCJ.,!i:-H MIT $NSI LIGHT POI.ti· {;OMPLflTE H.!\ZAR'.POIJ~ WASTIU'Ei (Rf;CYCU)·IOO\V Ml!iAL HAUD6 (HID) F-lA~ COMPUITE Subtotal 4./9.r'2.020 Qty NOTE: 'Il!J~ is OD~' il.ll e~e. J!illly 1mfote~ coJl,diti.Q.ns 01 ~~bl.ems l!li~, A CU! cbM!~ g1dllt'l.Vill be r~~11ird for~~ el.ecirkl!l m~11oti~liu1/tr-,ubl~ w,citiP!-il.1111/!lf w,1 i:iw .u:!d rtpil!n. Sales Tax (7.75%) Total F!age2 CWRF Parking Lot Light Replacement -Cont. No. 6074 4 Sl2,105Jl0 Page 8 of 11 DocuSign Envelope ID: 62F7E4E4-2C30-426A-9B4B-E9F29548D1DA EXHIBIT D PRODUCT MATERIALS ) t1ni'.H ea·· N AR A."ll\#® ············•·····•··· ·.. ·I··~····•·• : . iiA'I. .. 1 .r-\ • 'MWI.SO'll.lTil}' eu,!:0111 SR-3048 44W S.UNB!l.lti.i: sol.AR UGHf INPlll VOLTAGE: IX: 11.tlr bur.u,i. tl<iliin Hil C>iifttlii.,;lioH,fl>rJ,liiltlun «lldl Ei.ltmil fm,pil>i R♦•lldiilot·: 'Th• b..'1 In ofesiln i11ilf ll)Joii;• tomtrott1¢n:,qusiit,~~1!'! !1rtJ.u''9-'.-J" hi!! tffltl11 If·~-~ nnd LK..09, f"f.1r,etli\'Cir. 1~:se lf.1111t6 ran : stn:ut~ rsrn_gl' fut:b.:r?ti t:i\'K:b.lu,~ anti lrq:i:IL'l'f r-~tJlnnce.•, C;:Qi'rOlion ·vr,.lrlrrient: IB,V t:ml,ltc/n_~ 1ptt:1k tl.l'l'!}r..i.n1r,:--st~.1: ire.a.imerttJ: On, tt.e ~ih1.n1ld ·tin~;; ~,. i:.:a.~r.J:nl1,: r.Y'f 't~ rtdu~, ffl5i H.ll'rfl'irll'!! t;;cf.'!6rim,•,.;:if1 rrt =tlrl!iiSi lhftl t!'.IK.fU~!t1 r'!tHJ titii'&f\?..i fa Ctli~'t:11 ,[\rrxfu\t! dii!Qitd.ii1i:Hi. tllil!lllbr' Ci:if.i CDriijifitHiMt.: tt.lliV ,~ b~t .tdte . .tlifujj;t?..Ots, 1--ittAllhjl h\lfHlr,iiUty. c9'/Ji: IMS\ feiilni-rn iUUt.re t~al: nsb:nt-1 ttn.t..1 i, ;too ifTI.:e, blJl.-!t'!Y.I tJ:,ih !11 ·ei'i.o-►-nc:t tmi u::1.11Ji'nQ i:finen ·aulu,zt 1011.11' Enara~ l.i.11lnQr.: Sa.tu~M.'etl:~tc,;ile: lhe ml!tiiantsmloi W,'.ler Jiiur lum.'rtni:e 'Afl;: sur1 ~.c11ri-?mdlb~rJ .. i::tu~.-.::t-iititll illi:\it! ~r1n1um.r-Pfrf.iC.Hfl;follffi.i'!:;{~.'t-,C~~j"-i:~i'lJS DM O'.!!titii'l~:!{i:r-,,f,'('jfrt-l1f1·1'lilllPW'A. l,i()l)E.i. li'U WAtrAot IMI O◄illt:N liEAMAiHiLi!i n thm lll DtMENSIONS: lUMIN1AIRE Cru C,CJ .?' 40 ~ii.~00<:t( ,11110.(Di!K fiD.lM:tt: CWRF Parking Lot Light Replacement -Cont. No. 6074 •l'IWill l'li ~t,fERGY OATA '/{lL"tAQt b til>-1•',1 PWM20-1073FAC Page 9 of 11 DocuSign Envelope ID: 62F7E4E4-2C30-426A-9B4B-E9F29548D1DA PWM20-1073FAC ll!:!9CJ···· ··N· . AR········. A,.,® ..... · .· .. i,,., I •. ·"' 'I VllWl.=.jjJi1)1lgd,!l0!11l ~!;!At., A~!A;; •6;S' ~ 1•~s• POWliR W.f!Pl,.'i; i,O.U\R PAN!;~ f a,',TT~Y UJMll'i,Mflli \11'!;1(;111': ~.~IJ I Ul<g JOl.ll.R'. PAN!;!. 'Nl; ... ttT; 111tl J 6~g• if!X.Jtl!Ui!;l"l!.;S\~ij11' U"HIMI;: '!, •~o.m;t;11:f1; uir~l'INR:e !tiQIJ$lliG, 'TI'le liQ!!y ~ !fle lummite I& mag,: Qr ~llllll!OYmwun ~ ani!·corrwi.: IQ .fl'll~~I M ~ <-iUiO, gnw,,nm1,111a. &~ a& nit &i:r.i,:,·, T~e ~q!)11} o.~I lh~I, ,a IJlgl'!-lmp~l r~el§@l!~e. !111~ lhe IUrtrl/lillre li;;f;e~\lillll rl:~ll'enl 9~eu~ to ~l'e'-~nl ln91"e,r;, ~IOOHJ!NG OPl!dOHS, :,1,/IJl~~,~ Oli{IOl&• 11'1~1l!!Ul a 2°J1'~" alpf,tler on tile ill1r1:n.,1r~, Tl'il! 3l'f!Hln~ de&lgn l';!ll]OVE!:fi we n~ed rar aJ!):!HID!l<ll n:;:iun11n.g 'hard11~re. ekeGTfl!ctAL:T11e:-sun~r1tt iiQ!~r Llgl'lta!:f'll!o'.i ®me, !il;;m:1,trq wnn ~ ~1;11-p.err~1~11~e &l;llar p~ngt aml 1,a~r111~. nm rg,111Q'l'f: ~ r..ae,:;1 f\:f i! or11.-er ,m~ '.Alrtnw ~ri, ine ~m'l!!alrJ1: .. WAftRAtwr. F.t1~ (,ii,) yemmr~nT)' ~«1 gn!trg~~.tem. 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PRODUCT DE.SC IUPTION lf.li'idtioil:.~:c~.)i:J..!hi!i!kt'tt>2fl i'iarnrtl!!l!i)P:"t'n,1dt"dlii.t Ml k':tflS ·rmmdftr!!b"'!:-.~.,tl]\'-efi/J".ijl trill sc:,.~.fl, La 1.R~u.re ·fnf! ralm rt.ett',!iJWilT't ii, nlsn j!:tttl{f-:ted. Poli: t.DJ;I OP&loi'ft: ,ili,:1l!ffi:i'.iiib!e, tiiP--t;;p 11' troY.t1eii frttte-t~ltinii5t'"i5 'iJ.31[9 i'in i!i'M hi: m~ul1 r.ht· r\Jtit :'lrtl.n·>?'.., ~:-u,rn pbl1.e.1n ard d,1:11 cr,:.enlnl)ln oeuJ3 In~ pr.;,i·~"1.cd! b~1~f'ie: t1.ill'dmt!:r. i~ .1: t~in:m ,or~nn ~ :se~.i:l~If, i,.ro i,t:.rr.Jm.tm :!::a:?\•Ei' 1'!.:r.J:Hic W.ffh m ,4.• JJ!ll'J'l.tJ \',W be µ,c\{<l~. £1:ti• CO'j:il!t· .lii.'t!.itt'il~DI! !'.J'.1?1:ltf!! lbm:.-e i:.ttl~r l,s. Jjm•ikie-d, =Haniiflt:11:e: Ii; l.m:IL.-J'.~dJ L:a-'R.r.:iJ!l!t} lltl&-:h ihei tli.~j. P4!'te:i ~ii!ltiet nn~r p:o~ 1mflinilt:n AntihtUr 8Di-t"1.'1 !.~ ~,r. luiJi" sl~I' iUW'illf tOi3 Is, Pitli!1t-.'1 'ttir.f:! P!fft-i"i pt!~ MV.rttilf Ed0'1 tr.;!! lfitilttle, ~ii iiUSi ifOO 1Miti !il:SfiiHJ!. li~ b;p jiff it ortnr!l!t,dt~r,bll! li'lhfr.iHl~:1·1i!rV.Jtillh,i DMi r~~~lf"{I Ifie fI{f'!·11!1:!'ithl'!·f,O:,/d~d iilffi;i'if)~WinhiHil. ORDERING GUIDE iMlliEI. OtR&Mil FiNIIH Ill.It HEiG!f1 · Ii tiW i>~R: 40 .tti•· i;e.., .... ::ZH't'.:t•:iii'i'.nH1 !iLk """· ;···~~ ... i/0 'l\~i •'ffflxnm, . 'flt!> ~, ji\:) l!IJH!li'n bii.<rutr (In) ' l!m\i..M (11.1 · .. l!!ltCi!ttiOU i l!l>t ~iuliln ·(11.; l!dlc1WtJttU lll.) !:>;ntiia,i!aik'eiiiX i 'it0,fJl!Phl · ilD jm~I a~ 1.1 A (if 8 Oat~ 0 F H I! :u H 0.6~ 0.1hff0 2U fot(lm pllj L1 .. .! L_Gi If CWRF Parking Lot Light Replacement -Cont. No. 6074 r.:r,•.i:;·_:' .. 7:J}.:.,:. i ~-~!-~:-.!½ . I ,'t,,_,J_ PWM20-1073FAC b ;-\~';,i;_J J,;\;l,,_,,f:,.ii'.'. :-•!'- h~~" 1w l{>:! l I\ • . ........ -r ~·· i ~\~; ~. ·t] ~~'\ f .': ·. ( ,:·\ a ~• .. ~·<• ~ ~ .~\ Page 11 of 11 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/30/2020 (818) 986-7283 (818) 986-4949 38342 Competitive Lighting Maintenance, Inc RTM Lighting & Electronics, Inc. 1236 Keystone Way Vista, CA 92081 12177 1,000,000A X BA040000050169 1/1/2020 1/1/2021 B X WCV 5503909-00 12/1/2019 12/1/2020 1,000,000 Y 1,000,000 1,000,000 City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services are included as additional insured. Waiver of subrogation in favor of City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 COMPLIG-01 SHOSSEINI Paramount Exclusive Insurance Services, Inc. 15760 Ventura Blvd. Suite 500 Encino, CA 91436 California Automobile Ins. Co. Compwest Insurance Co. X X X X ACORD" I ~ I -~ □ - - ~ --LI LJ - --~ -~ -~ -H I I I I I □ I This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No.Endorsement No. Insured Insurance Company Countersigned by WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 13 C (Ed. 7-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA 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 named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be $ 500 Schedule Any person or organization that you perform work for that is liable for an injury, covered by this policy, that prior to the injury has written contract requiring a waiver of our right to recover from them. Person or Organization WC 99 03 13 C (Ed. 7-09) 12/01/2019 Job Description wcv 5503909-00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by Hart Forms & Services Reorder No. 14-3247 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY CALIFORNIA CANCELATION ENDORSEMENT WC 04 06 01 A (Ed. 12-93) This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the information page. The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancelation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancelation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations or our designated loss control representatives; i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; I. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed in (al through (fl, we will give you 10 days advance written notice, stating when the cancelation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in Items (g) through (I), we will give you 30 days advance written notice; however, we agree that in the event of cancelation and re issuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4. The policy period will end on the day and hour stated in the cancelation notice. WC 04 06 01 A (Ed. 12-931 Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 1 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS III. AUTOMATIC ADDITIONAL INSURED IV. EMPLOYEE HIRED AUTO LIABILITY V. SUPPLEMENTARY PAYMENTS VI. FELLOW EMPLOYEE COVERAGE VII. ADDITIONAL TRANSPORTATION EXPENSE VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE X. LOAN/LEASE GAP COVERAGE XI. GLASS REPAIR – DEDUCTIBLE WAIVER XII. TWO OR MORE DEDUCTIBLES XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS XIV. WAIVER OF SUBROGATION XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XVIII. HIRED AUTO – COVERAGE TERRITORY XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 2 of 6 BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an “accident” which occurred before you acquired or formed the organization. II. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: e. Any “employee” of yours is an "insured" while using a covered “auto" you don't own, hire or borrow in your business or your personal affairs. III. AUTOMATIC ADDITIONAL INSURED SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: f. Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. IV. EMPLOYEE HIRED AUTO LIABILITY SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: g. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. V. SUPPLEMENTARY PAYMENTS SECTION II – LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 3 of 6 VI. FELLOW EMPLOYEE COVERAGE: SECTION II – LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee This exclusion does not apply if you have workers’ compensation insurance in-force covering all of your “employees”. Coverage is excess over any other collectible insurance. VII. ADDITIONAL TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses, is replaced with the following: We will pay up to $50 per day to a maximum of $1000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy’s expiration, when the covered "auto" is returned to use or we pay for its "loss". If your business shown in the Declarations is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered auto from the place where it is recovered to its usual garaging location. VIII. HIRED AUTO PHYSICAL DAMAGE COVERAGE SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, the following is added: c. If Liability Coverage is provided in this policy on a Symbol 1 or a Symbol 8 basis and Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire, subject to the following limit: (1) The most we will pay for "loss" to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is less (2) $500 deductible will apply to any loss under this coverage extension, except that no deductible shall apply to “loss” caused by fire or lightning Subject to the above limit and deductible we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of similar size and type. This coverage extension is excess coverage over any other collectible insurance. IX. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 4 of 6 X. LOAN/LEASE GAP COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE C. Limit of Insurance, the following is added: 4. In the event of a "total loss" to a covered "auto" shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered “auto,” less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the “loss”; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. The most we will pay under Auto Loan/Lease Gap Coverage for an insured auto is 25% of the actual cash value of that insured auto at the time of the loss. XI. GLASS REPAIR – DEDUCTIBLE WAIVER SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. XII. TWO OR MORE DEDUCTIBLES SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company” means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. XIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 5 of 6 XIV. WAIVER OF SUBROGATION SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. XV. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at any time during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. XVI. EMPLOYEE HIRED AUTO PHYSICAL DAMAGE SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, b. For Hired Auto Physical Damage Coverage, is replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". XVII. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV – BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, the following is added and supersedes any provision to the contrary: e. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Copyright 2017 Mercury Insurance Services, LLC. All rights reserved. MCA85100817-CA Includes copyrighted material of Insurance Services Office, Inc., with its Permission Page 6 of 6 XVIII. HIRED AUTO - COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, e. Anywhere in the world if:, is replaced by the following: e. Anywhere in the world if: (1) A covered "auto" is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured’s" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. XIX. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V – DEFINITIONS, C. "Bodily Injury” is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. MIL 02 70 04 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MIL 02 70 04 19 Copyright 2019 Mercury Insurance Services, LLC Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 3 CALIFORNIA CHANGES – CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: BUSINESS AUTOMOBILE COVERAGE FORM A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. MIL 02 70 04 19 Copyright 2019 Mercury Insurance Services, LLC Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 2 of 3 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Automatic Termination This policy, or coverage for a covered “auto”, may automatically terminate during the policy period as follows: a. This policy will automatically terminate at the end of the current policy period if: (1) You do not accept our offer to renew your policy by the end of the policy period; or (2) there is any failure to pay premium, when due, for the renewal. Our renewal offer is deemed rejected if there is any failure to pay premium, when due, for the renewal. b. If other insurance on a covered “auto” is obtained, any similar insurance provided by this policy will terminate as to that covered “auto” on the effective date of the other insurance. c. Any coverage provided by this policy for a covered “auto” will automatically end when that covered “auto” is sold, assigned, gifted or transferred to anyone other than you or a relative. Coverage for that covered “auto” will end the earlier of when: (1) Title is transferred to someone other than you or a relative; (2) Possession is transferred in connection with the sale of the “auto” to someone other than a driver shown in the Declarations; or (3) No driver shown in the Declaration has an insurable interest in the covered “auto”. C. The following condition is added: Nonrenewal 1. If we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. We are not required to send notice of nonrenewal in the following situations: MIL 02 70 04 19 Copyright 2019 Mercury Insurance Services, LLC Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 3 of 3 a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%.