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HomeMy WebLinkAboutBaker Electric & Renewables, LLC - 2022-11-01 SERVICE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BAKER ELECTRIC &RENEWABLES,LLC FOR GENERAL CONTRACTING/PAINTING/ELECTRICAL AND MECHANICAL MAINTENANCE SERVICES THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach,a municipal corporation of the State of California, hereinafter called"City,"and Baker Electric& Renewable, LLC . a limited liability company, hereinafter referred to as"Contractor." Recitals A. The City desires to retain a Contractor having special skill and knowledge in the field of General Contracting/Painting/Electrical and Mechanical Maintenance services. B. Contractor represents that Contractor is able and willing to provide such services tp the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a comparable company or firm in the field. Contractor has been selected to perform these services pursuant to Huntington Beach Municipal Code Chapter 3.02. NOW,THEREFORE, it is agreed by City and Contractor as follows: 1. Scope of Services Contractor shall provide all services as described in Exhibit"A,"which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the"Project." Contractor hereby designates Harold Carlisle or Nick Jackson,who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement. 2. City Staff Assistance City shall assign a staff coordinator to work directly with Contractor in the performance of this Agreement. 22-12004/294638 1 3. Compensation a. City agrees to pay, and Contractor agrees to accept as total payment for its services,the rates and charges identified in Exhibit"B." The total sum to be expended under this Agreement, shall not exceed One Million One Hundred Thousand Dollars ($1,100,000.00) per year for any one year during the term of this Agreement. Additional services required by other divisions and/or departments shall not count towards the Public Works Department's annual not to exceed amount. b. Payment by City shall be made within thirty(30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. c. Contractor shall be paid pursuant to the terms of Exhibit"B." 4. Term Time is of the essence of this Agreement. The services of Contractor are to commence November 1, 2022, or as soon as practicable after the execution of this Agreement by City(the"Commencement Date")and terminate five (5)years from Commencement Date,unless terminated earlier in accordance with the provisions of this Agreement. Contract may be extended for 2 additional two-year periods if mutually agreed to in writing by both parties. The time for performance of the tasks identified in Exhibit"A"are generally to be shown in Exhibit"A." This schedule and Term may be amended to benefit the Project if mutually agreed to in writing by City and Contractor. In the event the Commencement Date precedes the Effective Date, Contractor shall be bound by all terms and conditions as provided herein. 5. Extra Work In the event City requires additional services not included in Exhibit"A" or changes in the scope of services described in Exhibit"A,"Contractor will undertake such work only after receiving written authorization from City. Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained. 6. Disposition of Plans,Estimates and Other Documents Contractor agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports,both field and office notices, calculations,computer code, language,date or programs, maps,memoranda, letters and other documents, shall belong to City, and Contractor shall turn these materials over to City upon expiration or termination of this Agreement or upon Project completion, whichever shall occur first. These materials may be used by City as it sees fit. 22-12004/294638 2 7. Hold Harmless Contractor hereby agrees to protect, defend, indemnify and hold harmless City,its officers, elected or appointed officials,employees, agents,and volunteers from and against any and all claims,damages, losses, expenses,judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor,caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 8. Workers Compensation Insurance Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. 9. General Liability Insurance In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend,hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance,including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers,employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project/Service, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000)per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, 22-12004/294638 3 the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than One Million Dollars ($1,000,000)for this Project/Service. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a"deductible" or any other similar form of limitation on the required coverage. 10. Automobile Liability Insurance Contractor shall obtain and furnish to City an automotive liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for Contractor's automotive liability in an amount not less than One Million Dollars ($1,000,000.00)per occurrence and a separate"Additional Insured Endorsement"page listing both the policy number and naming the"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers"as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention,"deductible"or any similar form of limitation on the required coverage except with the express written consent of City. 11. Certificate of Insurance Prior to commencing performance of the work hereunder, Contractor shall furnish to City a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement;the certificate shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise that such policy shall not be suspended,voided or canceled by either party, reduced in coverage or in limits except after thirty(30) days' prior written notice;however,ten (10)days' prior written notice in the event of cancellation for nonpayment of premium. Contractor shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by City. This requirement for carrying the foregoing insurance coverage shall not derogate from Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement. City or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 22-12004/294638 4 12. Independent Contractor Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Contractor shall secure at its own cost and expense,and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers, agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder. 13. Conflict of Interest Contractor covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. 14. Termination This Agreement may be terminated by the City upon thirty(30)days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. Exclusivity and Amendment This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements,promises or agreements, orally or otherwise,have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 22-12004/294638 5 16. Assignment Inasmuch as to this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign,transfer,delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17. City Employees and Officials Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 18. Notices Any notices, certificates, or other communications hereunder shall be given either by personal delivery to Contractor's agent(as designated in Section 1 hereinabove)or to City as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid,and depositing the same in the United States Postal Service,to the addresses below. City and Contractor may designate different addresses to which subsequent notices,certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S. certified U.S.certified mail-return receipt requested: Ii To City: Contractor: City of Huntington Beach Baker Electric&Renewables, LLC Attn: Director of Public Works Attn: Harold Carlisle 2000 Main Street 1298 Pacific Oaks Place Huntington Beach, CA 92648 Escondido, CA 92029 19. Consent When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event. 20. Modification No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 22-12004/294638 6 21. Section Headings The titles, captions,section,paragraph and subject headings,and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define,limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 22. Interpretation of this Agreement The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable,void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement,the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail,and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 23. Duplicate Original The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery,be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 24. Immigration Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 25. Legal Services Subcontracting Prohibited Contractor and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Contractor understands that pursuant to Huntington Beach City Charter Section 309,the City Attorney is the exclusive legal counsel for City; 22-12004/294638 7 and City shall not be liable for payment of any legal services expenses incurred by Contractor. 26. Confidentiality Contractor recognizes that in the performance of its duties under this Agreement, it must conduct its activities in a manner designed to protect information of a sensitive nature from improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with practices customary in the facilities management industry in recruiting,training and supervising employees and in otherwise performing its duties hereunder in order to achieve this result. In the furtherance of this, Contractor agrees, at the request of the City,to require its employees to execute written undertakings to comply with the foregoing confidentiality provision. 27, Discrimination Contractor shall not discriminate because of race, color, creed,religion, sex, marital status, sexual orientation, age,national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection,training, utilization, promotion,termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 28. Jurisdiction—Venue This Agreement and all questions relating to its validity,interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 29. Professional Licenses Contractor shall,through the term of this Agreement,maintain all necessary licenses, permits,approvals,waivers,and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States,the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals,waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22-12004/294638 8 30. Attorney's Fees In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees,such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 31. Survival Terms and conditions of this Agreement,which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 32. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of California. 33. Signatories Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 34. Entirety (a) The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise,have been made by that party or anyone acting on that party's behalf,which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement warranty,fact or circumstance not expressly set forth in this Agreement. (b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 22-12004/294638 9 35. Effective Date IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Mayor. This Agreement shall expire when terminated as provided herein. CONTRACTOR CITY OF HUNTINGTON BEACH, a BAKER ELECTRIC &RENEWABLES,LLC municipal corporation of the State of California By: /•7 0"--) Mayor Ted N Baker Print name Q � ITS: (circle one) Chairma resident' )1 7. i Vice President City Clerk /2,72..p2 43, AND By: Brian Miliate ' � INITIATED AND APPR• Print name ITS: (circle one) Secretary/aief Financials /, ciffficatiAsst. Secretary-Treasurer Director of P g orks APPROVED AS TO ORM: City Attorney REVIEWED AND APPROVED: (-.f5 City Manager 22-12004/294638 10 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) A. Contractors will adhere to ALL City of Huntington Beach Standard Plans. B. Upon request, Contractor will provide written project specific estimates for work to be done. C. Contractor will provide emergency or urgently requested services within the same day(24 hours) of request. D. Contractors may be required to occasionally work outside of normal business hours. E. Contractor will provide qualifications for repairs within one week(7 days)of request. B. CONSULTANTS DUTIES AND RESPONSIBILITIES: Materials and Supplies Required: 1. The Contractor shall provide all equipment,materials and supplies. 2. No products or supplies may be stored on site or on private property. General Requirements: 1. Contractors must possess the appropriate California State issued license for any work they bid to perform. 2. All contractors must maintain a current City of Huntington Beach business license. 3. Contractor is to obtain all necessary permits required to complete a repair or new project. 4. Staff/employees shall wear a uniform furnished by Contractor and bearing company name at all times while working in the City and at City facilities/sites. 5. Contractors must provide an after-hours phone number for emergency or unforeseen needed services. 6. Contractor is responsible for removing all trash related to their activities at the end of every shift/work period. 7. Contactor is to maintain a safe work environment at all times. If an unsafe condition arises which will compromise the completion of the work, the City representative is to be notified immediately. 8. Contractor is to make any necessary parking arrangements prior to starting work with the designated City representative. 9. Restrooms at City facilities are not to be used for washing or rinsing off tools, equipment,vehicles, etc. 10. Contractor will ensure the safety of their staff, City employees and the public using barricades,cones,and/or other means of effectively maintaining a safe work area. 11. Contractor shall use due care to protect all furnishings, fixtures, landscape, and improvements from damage by its operations. Contractor shall notify City 22-12004/294638 11 immediately if damage occurs. All damage shall be repaired or replaced,at the option of the City and at the Contractor's expense within a reasonable time after notification of such damage. 12. Contractor must follow all NPDES (National Pollution Discharge Elimination Systems)and BMP (Best Management Practices) laws, regulations and guidelines related to water runoff. Discharges of detergent and/or wash water to the storm water drainage system from cleaning or hosing of impervious surfaces is prohibited. Contractor is responsible to ensure that all washing fluids are discharged to the sanitary sewer via drains or recovered. 13. Contractor cannot store ANY materials or supplies on project sites, including private residences. Equipment Required: 1. Safety Equipment- Contractor will provide all equipment and tools, properly calibrated and in good working order. Contractor will provide all necessary Personal Protective Equipment(PPE) and maintain a safe working environment. 2, Vehicles-Trucks/automobiles should be in good mechanical working condition,clean in appearance and have contractors name on it. 3. All equipment shall be in good working order with all manufacturer safety guards and devices in place. Public Safety (Traffic and Access): 1. All traffic control shall be in accordance with the latest editions of the following document guidelines: Caltrans Manual on Uniform Traffic Control Devices (MUTCD), Sign Specifications, Standard Plans, Standard Specifications, and American Public Works Association Southern California Chapter- Work Area Traffic Control Handbook. 2. The Contractor shall provide and maintain all signs, barricades, flashers, delineators and other necessary facilities for the protection of the motoring, pedestrian and ( bicycling public within the limits of the work area, Contractor shall also post proper signs to notify the public regarding detours and conditions of the roadway. 3. The Contractor shall provide to the Maintenance Operations Manager or designee a telephone number at which the Contractor's representatives can be reached, at any hour, should an emergency occur requiring replacement or relocation of the required traffic control devices. 4. Prior to the start of any construction,the Contractor shall inform the City's Police and Fire departments of the project location,approximate start date, completion date, and the name and telephone number of Contractor representatives who may be contacted at any hour in the event of an emergency. i. POLICE DEPARTMENT: Watch Commander@ 714/960-8809 ii. FIRE DEPARTMENT: Battalion Chief/Development@ 714/536-5411 22-12004/294638 12 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: Labor hourly rate $177.50 Materials mark up 20% B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance,the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters,reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in 22-12004/294638 13 writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 22-12004/294638 14 GENERAL CONTRACTING/PAINTING/ELECTRICAL AND MECHANICAL MAINT.SERVICES BID SHEETS ELECTRICAL INSTALLATIONS,REPAIR AND MAINTENANCE SERVICES Contractor Name: Ratan*FInctrir.R RPnewahle I I G Date: nni 30 i9029 Instructions for completing Bid Sheet: 1. Complete Bid Sheet and enter pricing for ONLY those services your firm can provide. 2.Attach and include in your submittal only those bid sheets you are quoting. 3.Attach a current rate sheet/fee schedule and include with your submittal. 4. Fill in the company name above and the boxes below, circle $or%sign for markup. ITEM NORMAL BBUSINESS HOURS Labor hourly rate $ 177.50 Materials markup $or% 20% 1 Baker 1298 Pacific Oaks Place Escondido, CA 92029 Electric 77660.745.745. 6 01 Tel 3610 Fax Established 1038 Rate Sheet/Fee Schedule The following rates represent hourly rates for service electricians effective through December 25th, 2022 Classification ST Rate OT Rate DT Rate Service Electrician $177.50 $238.50 $299.50 Apprentice $98.50 $139,50 $180.50 • Standard Hourly rates apply for Service Work performed between the hours of 7:00 a.m. and 3:30 p.m. Monday through Friday. • Over-time Hourly rates apply for Service work performed between the hours of 3:30 p.m.and 7:30 p.m. Monday through Friday and Saturday from 7:00 a.m.to 3:30 p.m. • Double-time rates will apply to all hours worked outside of the above referenced time frames and after 3:30 p.m. emergency call outs. • Service hourly rates will include travel time both ways to and from site for Same Day Requests. • There will be a(4)hour minimum on all Service Work. • Subcontractors, RentallSpecial Equipment and Material is 20%mark-up(Service Truck costs are included in Service Electrician Rates above) • The market for equipment and materials is volatile,and sudden price increases could occur. Should a price increase occur after issuance of a"Task Order" by HB, Baker agrees to use its best efforts to obtain the lowest possible prices from available suppliers and vendors; however, in the event of a significant delay or price increase of materials,equipment, or labor during the performance of the contract, Baker shall be entitled to an equitable adjustment in the time of completion,contract requirements, and the contract price, in an amount reasonably necessary to cover any such significant price increases including markup.Such price increases shall be documented through vendor or manufacturer notifications, quotes, invoices,or receipts. Where the delivery of materials or equipment is delayed,through no fault of Baker,as a result of material shortage or unavailability, Baker shall not be liable for any additional costs or damages associated with such delay(s) • Labor prices are not fixed for the entire contract period. They will increase proportionately in accordance with IBEW Local 441 and CA DIR Orange County Prevailing Wage and Fringe Benefit increases. www.Baker-Electric.com Page 7 of 7 3 LIC#161756 A B C7 C10 C46/DIR#1000000466 KI6. Client#: 584784 BAKERELECT ACORD,., CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDW/YYYY) 4/19/2022 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME: Marsh&McLennan Agency LLC PHONE FAX (A/C,No,Eat): (A/C,No): Marsh Sr McLennan Ins.Agency LLC E-MAIL ADDRESS_,__ @ constructioncerts marshmma,com -_ PO Box 85638 INSURER(S)AFFORDING COVERAGE NAIC 0 San Diego, CA 92186 INSURER A:Old Republic Insurance Company 24147 INSURED INSURER B: Baker Electric,Inc. INSURER c: NB Baker Electric,Inc. INSURER D: 1298 Pacific Oaks Place INSURERE: __Escondido,CA 92029 INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _- INSR TYPE OF INSURANCE ADDL SUBRI POLICY EFF POLICY EXP LIMITS LTR INSR WVD _ POLICY NUMBER _jMMIDD/YYYY) (MM/OD/YYYY) , A X COMMERCIAL GENERAL LIABILITY X MWZY31255422 03/01/2022 03/01/2023'EACH OCCURRENCE S1,000,000 I CLAIMS-MADE XJ OCCUR PREMISES(I aE rrOence) $500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,00 GENT_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY rid'MT I LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY MWTB31255322 03/01/2022 03/01/2023COMBINEDtSINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE S AUTOS ONLY (Per ll AP ROVED AS TO FORM $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE BY: AGGREGATE $ T MICHAEL E. _ DEO I I RETENTIONS �`*T`�AUO NEY _ S A WORKERS COMPENSATION MWC3125��; OF Hl NJ NIT G9�'A' �Z14 03101/2023 X ?STATUTE I_ LATH- Y AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERJEXECUTIVE Y!N E.L.EACH ACCIDENT $1,000,000 (MandatoryR/MEMBER EXCLUDED? I N I N/'0` E.L.DISEASE-EA EMPLOYEE $1,000,000 In NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT $1,000,000 --- - -- DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re: Customer Contract#17999-OC,City of Huntington Beach on Call,Multiple Locations, Huntington Beach CA 92648.The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are included as Additional Insureds. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 784 ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648-0000 AUTHORIZED REPRESENTATIVE i 01988.2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S106913071M10504881 WSRYB POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations The City of Huntington Beach,its officers,elected or appointed officials, Job#17937,Customer Contract#17999-OC employees,agents and volunteers. City of Huntington Beach on Call 7512 Garfield Ave. Huntington Beach,CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. CG 20 10 04 13 ©Insurance Services Office, Inc.,2012 Page 1 of 2 MWZY 312554 22 Baker Electric,Inc. 03/01/22-03/01/23 A. Section II — Who Is An Insured is amended to 1. AU work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for"bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury11 on behalf of the additional insured(s) at the caused, in whole or in part,by: location of the covered operations has been 1. Your acts or omissions;or completed;or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured amount of insurance: will not be broader than that which you are 1. Required by the contract or agreement;or required by the contract or agreement to 2. Available under the applicable Limits of provide for such additional insured. Insurance shown in the Declarations; B. With respect to the insurance afforded to these whichever is less. additional insureds, the following additional exclusions apply: This endorsement shall not increase the applicable Limits of Insurance shown in the This insurance does not apply to "bodily injury" or Declarations. "property damage"occurring after: Page 2 of 2 ©Insurance Services Office, Inc.,2012 CG 2010 0413 MWZY 312554 22 Baker Electric,Inc. 03/01/22-03/01/23 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Huntington Beach,its officers,elected or appointed Job#17937,Customer Contract#17999-OC officials,employees,agents and volunteers. City of Huntington Beach on Call 7512 Garfield Ave. Huntington Beach,CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage caused, in whole or in part,by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and 1. Required by the contract or agreement;or included in the "products-completed operations hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc.,2012 Page 1 of 1 MWZY 312554 22 Baker Electric,Inc. 03/01/22-03/01/23 INSURED: Baker Electric,Inc. POLICY#:MWZY31255422 POLICY PERIOD:03/01/2022 TO:03/01/2023 COMMERCIAL GENERAL LIABILITY CG20011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the • additional insured. 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 CG 20 01 1219 ©Insurance Services Office, Inc., 2018 Page 1 of 1 INSURED: Baker Electric,Inc. POLICY#: MWZY31255422 POLICY PERIOD:03101l2022 TO:03/01/2023 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): The prolongs)as specified In the written contracts or agreements. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences"under Section I—Coverage A,and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I —Coverage C,which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations,such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits". CG 26 03 05 09 ©Insurance Services Office, Inc.,2008 Page 1 of 2 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences"under Section I—Coverage A,and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit,whichever is applicable;and signs, specifications or timetables,the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc.,2008 CG 26 03 06 09