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HomeMy WebLinkAboutComputer Protection Technology Inc; 2017-09-21; PWM18-05GSPWM18-0SGS CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT 2017 UNINTERUPTABLE POWER SUPPLY BATTERY REPLACEMENTS This agreement is made on the :J/ Z5}--day of~ ,e/l 1 , 2017, by the City of Carlsbad, California, a municipal corporation, (hereinaftecaH~, and Computer Protection Technology Inc., a California corporation whose principal place of business is 1215 Pacific Oaks Place, Suite 106, Escondido, CA 92029 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Robert Ferris (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. 2017 UPS BATTERY REPLACEMENTS Page 1 of 8 City Attorney Approved 9/27/16 PWM18-05GS 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 an at debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor o~ su c~tra~from participating in contract bidding. Signature: ~ Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. 2017 UPS BATTERY REPLACEMENTS Page 2 of 8 City Attorney Approved 9/27 /16 PWM18-0SGS 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 sixty (60) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ninty (90) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. COMPUTER PROTECTION TECHNOLOGY INC., a California corporation Ill Ill Ill Ill Ill Ill Ill (name of Contractor) N/A (Contractor's license number) N/A (license class. and exp. date) 1000017263 (DIR registration number) 6/30/18 (DIR registration exp. date) 2017 UPS BATTERY REPLACEMENTS Page 3 of 8 1215 Pacific Oaks Place, Suite 106 (street address) Escondido, CA 92029 (city/state/zip) 760-745-8562 ext. 208 (telephone no.) 760-7 45-8569 (fax no.) jbennet@cptups.com (e-mail address) City Attorney Approved 9/27/16 PWM18-0SGS AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR COMPUTER PROTECTION TECHNOLOGY INC., a California corporation By· By: / / l~ p_l'___l_~~~~LLLLJ~_JL}_~ (sign here) YV\~ fY\v ££rs{ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Elaine Lukey / Pub · arks Director as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !!...§. 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 BR~ER, City Attorney BY: Q'/o,~ Deputy City Attorney 2017 UPS BATTERY REPLACEMENTS Page 4 of 8 City Attorney Approved 9/27 /16 PWM18-05GS 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 1Vr1'/{ Total% Subcontracted: The Contractor must perform no less than fifty percent (50%) of the work with its own forces 2017 UPS BATTERY REPLACEMENTS Page 5 of 8 City Attorney Approved 9/27/16 PWM18-05GS EXHIBIT B 2017 UNINTERUPTABLE POWER SUPPLY BATTERIES AND CAPACITOR REPLACEMENT Repacement of batteries and capacitor in Uninteruptable Power Supplies at Dove Library, 1775 Dove Lane, Carlsbad, CA 92011; Faraday Center, 1635 Faraday Ave, Carlsbad, CA 92008 and Safety Center, 2560 Orion Way, Carlsbad, CA 92010 JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 EA 1 Replacement capacitor kit for the Mitsubishi UPS at Dove $6,565.65 Library -AC/DC Cap Kit 2 EA 40 Replacement batteries for UPS at Dove Library -UPS 12-$7,378.40 350MR (Unit Price -$184.46) 3 EA 40 Replacement UPS batteries for UPS at Safety Center -$2,240.00 NPX-80FR (Unit Price -$56.00) 4 EA 40 Replacement batteries for UPS at Faraday Center -$7,246.80 UPS 12-210MR (Unit Price -$181.17) 5 LS 1 Freight forwarded from CPT (taxable per State Board of $605.72 Equalization Publication 100) 6 LS 1 Labor to install all batteries and capacitor kit. $3,400.00 7 LS 1 Sales Tax 7.75% $1,862.84 TOTAL* $29,299.41 *Includes taxes, fees, expenses and all other costs. 2017 UPS BATTERY REPLACEMENTS Page 6 of 8 City Attorney Approved 9/27/16 PWM18-05GS EXHIBIT C LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Computer Protection Technology (hereinafter designated as the "Principal"), a Contract for: 2017 UNINTERUPTABLE POWER SUPPLY BATTERIES AND CAPACITOR REPLACEMENT in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, COMPUT R PROTECTION TECHNOLOGY, as Principal, (hereinafter designated as the "Contractor"), and u,.,~, e6Ml>AN as Surety, are held firmly bound unto the City of Carlsbad in the sum of twenty nine thousand two hundred ninety nine dollars forty one cents ($29,299.41), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 2017 UPS BATTERY REPLACEMENTS Page 7 of 8 City Attorney Approved 9/27/16 PWM18-05GS In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations u~r this bond. Executed by CONTRACTOR this ~ '--Executed by SURETY this \ 0 day ~, __ 1-. _ \ _ day of Ji.<. [ 20 I I of ==::i2-'\>ye_u..----'C)..Q..A.. , 2o__il- t.t , -· SURETY: e;.....;lRA~:l~ ll!c l+w (p2! ;J._t!. Po ("'\ 'Vl lvj' (name of Suret (name of Contractor) By:~-~ (sign he,€} {U ~ ~~;gfaJe) > /4 (print name here) \JP/ s~c --~rf '~- ~1e and organ;zat;on of s;gnatory) 2-Jo x [xJ 77 Sah µlb SD 57,, 7 (address of Surety) ' By: (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER CityAtto~ By:~ Deputy City Attorney 2017 UPS BATTERY REPLACEMENTS Page 8 of 8 City Attorney Approved 9/27/16 ~WI Western Surety Company PAYMENT BOND Bond Number: 71936476 KNOW ALL PERSONS BY THESE PRESENTS, That we Computer Protection Technohlgy, ln,,. _1 _2_1_5_P_a_c_i_f_i_c_O_a_k_s_P_l_a_c_e~,_S_t_e_l_0 _6~, _E_s_c_o_n_d_i_ci_o~,_C_A_. _9_2_0_2_9 __________ , hereinafter referred to as the Principal, and __________ W_e_s_t_P __ r_-r_1_o_'~u_r_e_t_,,,__y_C_o_m~p_a_n~y ________ _ as Surety, are held and firmly bound unto _c_i_t~y_o_f_C_a_r_l_s_b_a_d __________________ _ of 1635 Faraday Ave .• Carlsbad. CA 92008 , hereinafter Twenty-Nine Thousand Two Hundred Ninety-Nine and referred to as the Obligee, in the sum of 41 / 1 o o _________________ _ Dollars ($ :2_9, 2 9 9. 41 ___ ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents WHEREAS, Principal has entered into a contract with Obligee, dated _____ day of _______ _ ____ ,fur 2017 Uninterruptib:e Power Supply Batteries and Capacitor Replacement copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this __ 2_n~d~_ day of --~·~Au~q~1-_1s~t~--2017 ::store s~~~ (Seal) LAUREN EL l ZABE'l'H Ml RALLE Attorney-in-Fact D Acknowledgment of Principal [x] Acknowledgment of Surety (Attorney-in-Fact) 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. ST ATE OF CALIFORNIA COUNTY OF ~v, 1),q_~~• On 3e..et~b s:s U,(:\: date / before me, here insert name and title of the officer personally appeared ___ __,L-o=---=--_' \)-=---f"-'~~v'\ _ __,__('J_\_,_r_O\._\_\_Q. _______________ ~ name(s) of signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 'J:?ovv'-~ ............ i DAMON A. ROBERTSON 1 ~ .. -_.,_. Notary Public• Califorr.ia z iii · San Diego County ~ z : . commission# 2178195 ,. My Comm. Expires Jan 1, 2021 (Seal) (The balance of this page is intentionally left blank.) Western Surety Company Form 1900-8-2009 0 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 -c~~,L -~, (c' ~} ·. } On :kly ,Jlo 1 ;;x, I 7 I personally appeared __,_i~)1.:..,, -.::J·J!'.....l: .:.l.(i-'--."-'--.:._:_-'--..:.::.:...-1---1-.J..:.J,.L-""-'---"'-'-..::::.='-=---=-----'------'--+--- who proved to me on the basis of satisfactory vidence to be the person(s) w ose na,me(s) i,.g'/are subscribed to the within instrument and acknowledged to me that ~/~e/they executed the same in hls/t)er/their authorized capacity(ies), and that by hi$/h.er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ' i WITNESS my hand and official seal. IUIM A. YANG 1 COfll'llt8ljon No. 216727& il NOTMY PWI.IC-CAllFORMA M I SAN DIEGO COUNTY j _ c,"":':' ex:,es o:_~?9E_; °; 2020. ; Notary Public Signatur~ I (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ., i~?< /,.,·, ~l-1\::/ !fLr~r,',J\ i)·K::l (Title or description of attached document) (Title or description of attached document continued) Number of Pages ,) Document Date 7 -?k · J 7 CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer (Title) □ Partner(s) □ Attorney-in-Fact □ Trustee(s) 0 Other _________ _ INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current Ca/ifiJrnia statutes n>garding notary wording and. if'needed. should be completed and attached to the document. Acknowledgments from other states may be completed.for documents being sent to that state so long as the wording does not require the California notwy to violate Cal~fnrnia notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • TI1e notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, Cl'O, Secretary). • Securely attach this document to the signed document with a staple. Western Surety Cnmpany POWER OF ATTORNEY -CERTIFIED COPY Bond No. ___ 7_1_9_3_6_4_7_6 ___ _ Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constituteandappoint LAUREN ELIZABETH MIRALLE its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Computer Protection Technology, Inc. Obligee: City of Carlsbad Amount: $1,000,000. 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of October 1 2 0 1 7 , but until such time shall be irrevocable and in full force and effect. ~ -~~ Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its cort8~ •. "ttl·b&-'!lt.iadthis 2nd daYof August , 2017 . -s~~ ~ .;:"~.,. ..-. OJ?: ·-.~~ §J:!/r:::;~¥ .-V)>~'·.,-o\ WE ST R SURE =l MP (; '('""' , :P': =Ir;!: iZ! =-3.. -~-r::: 1~\;s~~ ~~·• .......... ••t07·-A couf®~~ ~"1mmaitl On this 2nd day of August , in the year 201 7 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation . ......... __ ........ --.. -...... ♦ : J. MOHR J J'/~ I 8 q '-vv') ~NOTARY PUBLIC®; Notary Public . South Dakota J~SOUTH DAKOTA J ................................................ My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this August 2017 -----'-2 __ n""'d'-------day of To validate bond authenticity, go to www.cnasurety.com > Owner/Obligee Services> Validate Bond Coverage. Form F5306-1-2016 ~ f OATE(MMIDOIYYYYJ ACORi:f CERTIFICATE OF LIABILITY INSURANCE -L .J" 3/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFJRMATIVEt..Y OR NEGAT!VELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL!ClES Bl::LOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER{S), AUTHORIZED REPRE:SENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: !I tile certificate holder is an AOD!TIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conclil!ons of the policy, certain pollcJes may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lleu of such endorsement/sl. Pl!ODIJCER 25:~i~cT Susan Hughes LAUREN MI.RALLE INSURANCE AGCY INC p~~~~e-~, {760)496-1686 I !'fli "0•·<160> 496-16a4 5411 Avenida Encinas Ste 240 ig&i~o~-lmiralle~farmersagent.com Carlsbad, CA 92008 INSURER!Sl AFFORDING COVERAGE NAICM 0G63234 IN""'"ERA· Burlinaton Insurance Company 23620 INSURED Computer Protection Technology, :rnc INSURERS: FARMERS INSURANCE EXCHANGE 1415 Pacific Oaks Place #106 m•"q"""' Topa Insurance Company Escondido, ca 92029 INSURE" D; 760-745-8562 r1o.1~1ltlo~D S::• l"'"'"RFRI'; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTiFY THAT THE POLICIES OF INSURANCE USTl:O BELOW HAVE SEEN ISSUED TO THE INSURED NAIAEO ABOVE FOR THE POLICY PERIOD INDICATED. NOTV.lntSTANDlNG ANY REOUtREMElff, TERM OR CONDITION OF ANY CONTRACT OR Ol}(ER OOCUMENT WITH RESPECT TO WHICH THIS CO:RTIFICATE MAYS!; ISSUED OR MAY PERTAIN, Tt!E tNSURAIICE AFFORDED 8Y THE POlJCIES DESCRIBED HEREIH IS suaJECT TO ALL THE TERMS, EXCLUSIONS ANO CONOmONS OF SUCH POLICIES. UMITS SHO't.'l MAY HAVE BEEN REDUCED BYPAIO CLAIMS. TYPE: OF INSURMJCe GeNERAL llABIUTY ,...... ~ ~MERCIAL GENERALUABIUTY --' CLAIMS-MADE G OCCUR A~ BI/PD Deductible _ $2 ,soo GEN'L AGGREGA TIE LIMIT AP?UES Peil: x1 Oru J"V n PRO• n I('\("_ AUTOMOBILE UABllJTY - -:~i~~D B _ AU'rOS ~ HIREDAUTOS -X SCHEDULED AUTOS '-;-NON-OWNED i--AUTOS -UMBRELlA l!AB . H'ocC\JR C X E.~CESS LIAS CLAIMS.MADE "=" I I ~-~ .. ~,,.,N s y y N/A y 389BW37837 01492-61-46 XL6605847-03 y B0945-32-68 EACH OCCURREIJCE $ 1 000 000 '~U•,...r:~~i;~•::_:,';-_:' ... , __ , S 100 ~ 000 MED EXP fAnvoneoafSonl S 1 , 000 12/12/1612/12/17 PERSONAL&AOVINJURY S 1,000,000 GENERAL AGGREGATE S 2 1 Q 00, 000 PRODUCTS-COMPIOPAGG S 2,000,000 s f~~~~~,sU-:GLEUl.oT s 1, Ouu 1 000 BODILYINJURY(Perp,,soo) $ l.2/l2/l 6 l 2 /l.2/l 7 BOOll.Y INJURY (Pe,accldei\t) S PROP""'TY DAMAGE IP•"'"'-id,.. .. "' s U S 3,000,000 12/12/1612/12/17~EA--C_H_o_c_c_R_R_E_N_ce _____ .-:t"T.,...._.,,,...,-t AGGREGATE S 3 1 000 t 000 ....... ·•·· ......... , )CI WCS~ATU-,.1 ..... RtPJ~:-........ -, .. , ................... . 04/01/17 04/01/18 ELEACf! ACCIDElff S 1,000 1 000 E.LOISS\SE-EAEMPLO'fEE s l.,000,vvo ELll<SEAS->'-P"'"""llMIT ~ 1,000,000 DESCRll'TION OF OPERATIONS/lOCATIONS/VEHIClES {Atl.aohACORD !01,Ado:~o,,al Rema<!<sSohedule,d mon,spac.. isr'"!Uirad) CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED TO TEE GENERAL LIABILITY per form CG2010 0704. Certificate holder is named addtional insured on the commercial auto. 30 day notice of cancellation. Excess Liabiltiy follows form with the underlying policies.Includes Waiver of Subrogation per written contract.Frimary and Non Contributory wording included, CERTl"",.,."TF HOI DER I City of Carlsbad Generai Services Dept 405 Oak Ave Carisbad, CA 92008 CANt'Ell ATION SHQ{JLOANY OF THE ABOVE DESCRIBED POLICIES BE CAIICElLEO BEFORE THE; exPIRATJON 01\TE TKEREO!', r,once V.!ll BE DEt..lVERED IN ACCORDANCE '.\1TH THE POUC'f PROVISIONS. Al)THO~IZED REPRESENTATIVE Susa11 Hughes © 1988-2010 ACORD CORPORATION, All rights reserved. ACORD25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 3898W37837 COMMERCIAL GENERAL LIABILITY CG2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addltlonal Insured Person(s) Or Oroanlzation{s}: Location(s) Of Covered Operations Any person or organization for whom you are performing operations, but only if you have agreed. in a written contract, to add such person or organization as an additional insured on your pollcy for that location or part thereof, provided such a written contract ls fully executed prior to an •occurrence" ln which coverage is sought under this policy. Information required to comolete 1hls Schedule. It not shown above, will be shown in the Declarations. A Section II -Who Is An Insured is amended to include as an additional insured the person{s) or organization(s} shown In the Schedule, but only with respect to llabllity for "bodily fnjury·, "property .......... ~~s~~~~n ~ho~~~~~n~~rt~~~···adverlis_ing ~nJ1,1~q····· 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the acklitional 1nsured(s) at the location(s) designated above. B. With respect to the insurance afforded to these addilional insureds, the following additional exclusions apply: This Insurance does not apply to "bodlly injury~ or .. "property damage" oocurring-after: · 1. All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the actdmonal rnsured(s) at the locallon of 1he covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to Its Intended use by any person or organizatfon other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20100704 © ISO Properties. Inc., 2004 Page 1 of 1 D POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of AddlUonal Insured Person(s} Or Oraanlzationfsl: Location And Descrlotion Of Completed Operations Any parson or organization w1th whom you have agreed, fn a written contract that such person or organization shoutd be provided lhls endorsement, but only when such wlil!en contract Is fully executed prior to an •occurrenceff rn wh1<:h coverage ls sought under this policy. Information reauired to comolete this Schedule, if not shown above will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional lnsured the person{s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or "properly dam- age" caused, in whole or in part, by "your work" at ... me1crca1ron·aesig·na1ea·ii"na··aescrTbea··fri·me··sched~--- u1e of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 3707 04 © ISO Properties, Inc., 2004 Page 1 of 1 □ POLICY NUMBER: 389BW37837 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREAJLL Y. AMENDMENT -OTHER JNSURANCE (PRIMARY AND NON-CONTRIBUTORY COVERAGE) This endorsement modifies insurance pro.rlded under the following: COMMERCIAL GENERAL LIAB IUTY COVERAGE PART PRODUCTS-COMPLETED OPERATIONS LIABIUTY COVERAGE PART Schedure Of Additional lnsured(s): Any parson or organization named in an Additional Insured endorsement attached to this policy with whom you have agreed, in a written contract, that such person or organization should be provided primary and non-contributory coverage, but only when such written contract 1s fully executed prior to an ·occurrence• in which coverage is sought under this policy. A. Paragraph C. ot this endorsemenl replaces paragraph 4. Other Insurance ct Section IV- commercial General Llability Conditions, but only with respect to the insurance afforded to the additional insured(s) sdleduled above. 8. Paragraph C. of this endorsement replaces paragraph 4. Other Insurance of Section IV- Product s-Coll1Jleted Operations Uablllty Conditions, but only with respect to tt,e Insurance afforded to the additional Insured(s) scheduled above. c. Olher Insurance Notwithstanding other valid and colectible ... ifl§!l.lf~~-~v.al!able Jo.J heJ0&1red.Jor. aJoss .. wfL cover under the applicable Coverage Part to which this endorsement is modifying, tlis insurance Is prlmary and nm-contributory. However, this endorsement: 1. Applles only when ~u are required by contract, agreement or permit to provide primary and non-contributory coverage for the additional insured, provided such written contract, agreement or permit Is fully executed prior to an "occurrence" In which coverage Is sought under this policy, and 2. Does not apply to any Claim, loss or liability due to the sole neg! igence o1 the additional Insured. IFG-G,0094 02 12 Includes copyrighted material of ISO Propartles, Inc., with permission Page1 of 1 POUCY NUMBER: 389BW37837 COMMERCfAL GENERAL LIABILITY CG240405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurarr:e provided under the foHowinJ: COMMERCIAL GENERAL LIABIUTY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS UABILJTY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organlzalion with whom you have agreed, ln a written contract to waive the transfer of rights of recovery against others to us, provided such wrltten waiver fs fully executed prior to an "occurrence" in which coverage is sought under this policy. Information required to complete 1hls Schedule, if not shown above, will be shown In the Declarations. The following is added to Paragrc:ph 8. Transfer Of Rfghts 01 Recovery Against others To Us of Section IV-Conditions: We waive any right of recovery wem ay have against the person or organizafion shown in the Sched.lle above because of payments we make for injury or damage arising out of your orgoirg opara1ions or "your work" done under a contract with that person or organization and inc!uded o 1he nproducls- cornpleted operalions hazard". This waiver app!ies only to the person or organization shown in the Schedule above. CG2404 05 09 © Insurance Services Office, Inc .. 2008 Page 1-·of 1 □ POLICY NUMBER: 0102-61-46 COMMERCIAL AUTO CA2048O299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement mOdlfies Insurance provided under1he following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the coverage Form apply unless mod lfled by this endorsement. This endorsement ldentmes person(s) or organ!zallon(s) Who are "Insureds• under the Who Is An Insured Provision of the Coverage Form. Thls e ndorsement does not alter coverage provided In the Coverage Form. This endorsement changes the policy effective on the Inception date of the policy unless another date ls Indicated below. Endo~ement Effectlve: 12/12/2016 Named Insured: COMPUTBR PROTBCl'l:ON INC Countersigned By: J1an SCHEDULE Name of Personfs) or Ori:iantzatlon(s): PER WRITTEN CONTRACT (If no entry appeara above, Information required to complete this endorsement wm be shown In the Declarations as applicable to the endOJ'sement.) Each person or organlzatl~~ ~;;;~ ,~··,h; ;h~d~i~ ·,; ~; ;;i~~;~d' fo~-l~l!lt;·c~~e;;~~--b~-~~w t~ th~ ;~;~· that person or organization qualmes as an "Insured'" under the Who ls An Insured Provision contained In Secilon II of the Coverage Form. CA 20 49 02. 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ~ -FARMERS INSURANCE WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Named • COMPUTER PROTECTION TECH. INC Insured • "TERMINAL BUSINESS VELOSITY CORP • 1215 PACIFIC OAKS PL# 106 • ESCONDIDO CA 920292910 Effective Agent 99-83-302 B0945-32-68 Date 04/01/17 Policy Number of the Company WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET WC 99 0619 2017 Policy Year 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 this agreement from us. The additional premium for this endorsement shall be 3 • o % of the Workers' Compensation premium otherwise due for the state(s) listed below on such remuneration, subject to a minimum charge of All written contracts in the state(s) of:. CA Th.is endorsement is part of yoUI policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. Countersigned~~~~-----------Authorized Representative 93-6369 \ST EDffiON 9-07 liC990619B J6369121 PAG[ 1 or 1