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HomeMy WebLinkAboutCosco Fire Protection Inc; 2018-09-24; PSA19-534GSPSA19-534GS City Attorney Approved Version 1/30/13 1 AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR FIRE PROTECTION SYSTEM INSPECTION AND TESTING SERVICES COSCO FIRE PROTECTION, INC. This Amendment No. 1 is entered into and effective as of the _______ day of ___________________________, 2020, extending the agreement dated September 24, 2018 (the “Agreement”) by and between the City of Carlsbad, a municipal corporation, ("City"), and COSCO Fire Protection, Inc., a California corporation,, (“Contractor") (collectively, the “Parties”) for building fire protection system services. RECITALS A. The Parties desire to extend the Agreement for a period of two (2) years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of two (2) years ending on September 23, 2022, on a time and materials basis not- to-exceed thirty-four thousand one hundred seventy-five dollars ($34,175) per Agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: D5F920A9-CDB7-4537-8A00-138C303C4824 July 23rd PSA19-534GS City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced 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 hereof of this Amendment. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California COSCO FIRE PROTECTION, INC., a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Alex Hernandez / Vice-President (print name/title) By: (sign here) Roger Jump / Secretary & Treasurer (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: D5F920A9-CDB7-4537-8A00-138C303C4824 -@ DATE (MM/DD/YYYY:ACORD CERTIFICATE OF LIABILITY INSURANCE ‘a8 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),AUTHORIZEDREPRESENTATIVEORPRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTMarshUSAInc.NA FAXg“6 Ottawa Avenue NW {ACNo,Ext):i (AIC,No): uleGrand Rapids,Ml 49503 ADDRESS:Attn:grandrapids.certrequest@marsh.com INSURER(S)AFFORDING COVERAGE NAIC # CN108159189-MX-GAW-20-21 SDiego INSURERA :HDI Global insurance Company 41343INSURED0FireProtection,Inc INSURER :ACE American Insurance Company 22667 4990 Greencraig Lane INSURER C :N/A NIASanDiego,CA 92123 INSURER D: INSURER : ,INSURER :COVERAGES CERTIFICATE NUMBER:CHI-009209689-03 REVISION NUMBER:3 THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,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 REDUCEDBYPAID CLAIMS. INSR ADDL|SUBR|POLICY EFF POLICY EXPLTRTYPEOFINSURANCEINSDwvpPOLICYNUMBER(MM/DDIYYYY)|(MM/DDIYYYY)LIMITSAXCOMMERGIALGENERALLIABILITYX'GLD1447203 01/01/2020 01/01/2021 EACH.OCCURRENCE $2,000,000DAMAGETORENTEDCLAIMS-MADE OCCUR PREMISES(Ea occurrence)$1,000,000 MED EXP (Any one person)$10,000 PERSONAL&ADVINJURY $2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER:GENERALAGGREGATE $2,000,000 POLICY [x 58aESr [|vLoc PRODUCTS -COMP/OP AGG|$2,000,000 OTHER:$COMBINED SINGLE LIMITBAUTOMOBILELIABILITYISAH2528956001/01/2020 |01/01/2021 FONMent)$1,000,000 X ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED 5ONDONLY|ScHeD BODILY INJURY(Peraccident)$ X HIRED X NON-OWNED PROPERTY DAMAGE $“|AUTOS ONLY AUTOS ONLY (Per accident)$ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED ||RETENTION $$B [WORKERSCOMPENSATION X |WLRC66042492 01/01/2020 101/01/2027 x |PERTE ||grANDEMPLOYERS'LIABILITY YIN Includes Stop GANYPROPRIETOR/PARTNER/EXECUTIVE cludes stop Gap E.L.EACHACCIDENT $1,000,000OFFICER/MEMBER EXCLUDED?NIA(Mandatory in NH)E.L.DISEASE -EA EMPLOYEE|$1,000,000ifyes,describe under 1,000,000DESGRIPTIONOFOPERATIONSbelowE.L.DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS /VEHICLES (ACORD101,Additional Remarks Schedule,may be attached if more spaceis required) Re:All Operations City of Carlsbadis/are included as additional insuredwhere required by written contract with respect to GeneralLiability.This insurance is primary and non-contributoryoverany existing insurance andlimited to liability arising out of the operations ofthe namedinsured subjectto policy terms and conditions.Waiver ofsubrogation is applicable where required by written contractand subjectto policyterms and conditions. CERTIFICATE HOLDER CANCELLATION City of Carisbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOREcloEXIGISInsuranceComplianceServicesTHEEXPIRATIONDATETHEREOF,NOTICE WILL BE DELIVERED INPOBox4668-ECM#35050 ACCORDANCEWITH THEPOLICY PROVISIONS.New York,NY 10163-4468 AUTHORIZEDREPRESENTATIVEofMarshUSAInc. Scott Pell oeOe ©1988-2016 ACORD CORPORATION.All rights reserved. ACORD25(2016/03)The ACORD nameand logoare registered marks of ACORD POLICY NUMBER GLD 1447203 HDI GLOBAL INSURANCE COMPANY IL At 4001 (06 11) THIS ENDORSEMENT CHANGESTHE POLICY.PLEASE READ IT CAREFULLY. NAMED INSURED ENDORSEMENT The Named Insured is amended to read as follows: MX HOLDINGS,US INC.MINIMAX FIRE SOLUTIONS,INC.COSCO FIRE PROTECTION,INC.FLAMEX,INC.CEP,INC..MINIMAX CHINA FIRE PROTECTION SYSTEM,INC.LIMITEDFIRETROLPROTECTIONSYSTEMSCO.,CFP FIRE PROTECTION SYSTEMS,INC.DBA ARIZONA FIRE AND SECURITYKLISTER,LLC.FIRE CALL,INC.FIRETROL PROTECTION SYSTEMS,INC.FIRETROL PROTECTION SYSTEMS,INC D/B/A ARIZONA FIRE &SECURITYPREDOMONTSOUND&SIGNAL,INC.CFP FIRE PROTECTION,INC. All other terms and conditions remain the same. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 IL Al 4004 (06 11) Neer Agent NameAgentNo. HDI Global Insurance Company Named Insured MX HOLDINGS US, ENDORSEMENT INC. MARSH USA INC.OF MI (GRAP)POQ2082030 | “Policy Number GLD1447203 Effective Date:01-01-20 12:01 A.M.,Standard Time This Endorsement Changes The Policy.Please ReadIt Carefully. BLANKET ADDITIONAL INSURED -OWNERS,LESSEES ORCONTRACTORS-SCHEDULED PERSON OR ORGANIZATIONCG20101001VERSION AS PER THE WRITTEN CONTRACT (IF NO ENTRY APPEARS ABOVE,INFORMATION REQUIRED TO COMPLETE THISENDORSEMENTWILLBESHOWNINTHEDECLARATIONSASAPPLICABLETOTHISENDORSEMENT.) A.SECTION ll —WHO IS AN INSURED [S AMENDED TO INCLUDEASANINSUREDTHEPERSONORORGANIZATIONSHOWNINTHE SCHEDULE,BUTONLYWITHRESPECTTOLIABILITYARISINGOUTOFYOURONGOINGOPERATIONSPERFORMEDFORTHATINSURED.B.WITH RESPECT TO THE INSURANCE AFFORDED TO THESEADDITIONALINSUREDS,THE FOLLOWING EXCLUSION IS ADDED:2.EXCLUSIONSTHISINSURANCE DOES NOT APPLY TO “BODILY INJURY"OR "PROPERTY DAMAGE”OCCURRING AFTER: (1)ALL WORK,INCLUDING MATERIALS,PARTS OR EQUIPMENTFURNISHEDINCONNECTIONWITHSUCHWORK,ON THE PROJECT (OTHER THANSERVICE,MAINTENANCE OR REPAIRS)TO BE PERFORMED BY OR ON BEHALF OFTHEADDITIONALINSURED(S)AT THE SITE OF THE COVERED OPERATIONS HASBEENCOMPLETED;OR(2)THAT PORTION OF "YOUR WORK”OUT OF WHICH THE INJURYORDAMAGEARISESHASBEENPUTTOITSINTENDEDUSEBYANY PERSON ORORGANIZATIONOTHERTHANANOTHERCONTRACTORORSUBCONTRACTORENGAGEDINCERECRMINGOPERATIONSFORAPRINCIPALASAPARTOFTHESAME MAN-GL (01/02) eee Policy Number GLD1447203 ENDORSEMENT ,HDI Global Insurance Company Named insured MX HOLDINGS US,INC.Effective Date:01-01-20 12:01 A.M.,Standard Time Agent Name MARSH USA INC.OF MI (GRAP)Agent No.P02082030 This Endorsement Changes The Policy.Please Read it Carefully. BLANKET ADDITIONAL INSURED -OWNERS,LESSEES,ORCONTRACTORS-COMPLETED OPERATIONSCG20371001 AS PER THE WRITTEN CONTRACT (IF NO ENTRY APPEARS ABOVE,INFORMATION REQUIRED TO COMPLETETHISENDORSEMENTWILLBESHOWNINTHEDECLARATIONSASAPPLICABLETOTHISENDORSEMENT.) SECTION Ii —WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN INSUREDTHEPERSONORORGANIZATIONSHOWNINTHESCHEDULE,BUT ONLY WITHRESPECTTOLIABILITYARISINGOUTOF"YOUR WORK"AT THE LOCATIONDESIGNATEDANDDESCRIBEDINTHESCHEDULEOFTHISENDORSEMENTPERFORMEDFORTHATINSUREDANDINCLUDEDINTHE"PRODUCTS-COMPLETEDOPERATIONSHAZ-ARD". MAN-GL(01/02) Le ———————— Workers’Compensation and Employers’Liability Policy Named insured Endorsement NumberMXHOLDINGSUS,INC. 153 TECHNOLOGY DRIVE SUITE 200 Policy Number IRVINE CA = 92618 Symbol:WLR Number:C66042492 Policy Period Effective Date of Endorsement01-01-2020 TO 01-01-2021 01-01-2020 Issued By (Name of Insurance Company)ACE AMERICAN INSURANCE COMPANY Insert the policy number.The remainder of the information is to be completed onlywhen this endorsementis issued subsequent to the preparation of the policy. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSENENT 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 theextentthatyouperformworkunderawrittencontractthatrequiresyoutoobtainthisagreementfromus. This agreement shail not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERYINAWRITTENCONTRACT,PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. For the states of CA,UT,TX,refer to state specific endorsements. This endorsementis not applicable in KY,NH,and NJ. The endorsement does not apply to policies in Missouri where the employeris in the construction group of code classifications.According to Section 287.150(6)of the Missouri statutes,a contractual provision purporting to waive subrogation rights against public policy and void where one party to the contract is an employerin the construction group of codeclassifications. For Kansas,use of this endorsementis limited by the Kansas Fairness in Private Construction Contract Act(K.S.A.. 16-1801 through 16-1807 and any amendments thereto)and the Kansas Fairness in Public Construction Contract Act(K.S.A 16-1901 through 16-1908 and any amendments thereto).According to the Acts a provision in a contract for private or public construction purporting to waive subrogation rights for losses or claims covered or paid by liability or workers compensation insurance shall be against public policy and shall be void and unenforceable except that,subject to the Acts,a contract may require waiver of subrogation for losses or claims paid by a consolidated or wrap-up insurance program. Authorized Representative WC 00 03 13 (11/05)Ptd.U.S.A.Copyright 1982-83,National Council on Compensation Workers’Compensation and Employers’Liability Policy Named Insured Endorsement Number MX HOLDINGS US,INC.153 TECHNOLOGY DRIVE SUITE 200 Policy Number Policy Period Effective Date of Endorsement01-01-2020 TO 01-01-2021 01-01-2020 Issued By (Nameof Insurance Company)|ACE AMERICAN INSURANCE COMPANYInsertthepolicynumber.The remainderof the informationis to be completed only whenthis endorsementis issuedsubsequent to the preparation ofthe policy. CALIFORNIA WAIVER OF.OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A.of the Information Page. Wehave 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,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule,where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the , work described in the Schedule. Schedule 1.()Specific Waiver Nameof person or organization: (X )Blanket WaiverAnypersonor organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations: ALL OPERATIONS CONDUCTED BY AN INSURED PURSUANT TO SUCH WRITTEN CONTRACT 3.Premium: The premium chargefor this endorsement shall be 1.0 percentof the California premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4.Minimum Premium:$9 Authorized Representative WC90 03 75 (05/18) AGREEMENT FOR FIRE PROTECTION SYSTEM INSPECTION AND TESTING SERVICES COSCO FIRE PROTECTION, INC. PSA 19-534GS <~ "!_H)_? -~GRE~MENT is made and entered into as of the t)y-111. day of \.~1.J-f:[L , 2018, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and COSCO FIRE PROTECTION, INC., a California corporation, ("Contractor"). RECITALS A. City requires the professional services of a consultant that is experienced in building fire protection system services. B. Contractor has the necessary experience in providing professional services and advice related to building fire protection system services including: annual testing, maintenance, and inspection, and expert knowledge of all relatable fire protection system compenonents and hardware. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of two (2) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be thirty-four thousand one hundred seventy-five dollars ($34, 175) per Agreement year. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed thirty-four thousand one hundred seventy-five dollars ($34, 175) per Agreement year. The City Attorney Approved Version 6/12/18 PSA 19-534GS City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 7. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 8. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. City Attorney Approved Version 6/12/18 2 PSA 19-534GS 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 11.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. $ Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 11.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 11.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. City Attorney Approved Version 6/12/18 3 PSA 19-534GS 11.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 12. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 13. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. City Attorney Approved Version 6/12/18 4 PSA 19-534GS 16. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Michael O'Brien Title Public Works Supervisor Department Public Works City of Carlsbad Address 1635 Faraday Av Carlsbad, CA 92008 Phone No. 760-421-9158 For Contractor Name Casey Pritchett Title Project Manager Address 4990 Greencraig Lane San Diego, CA 92123 Phone No. 858-444-2000 Email cpritchett@coscofire.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes D No~ 18. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended City Attorney Approved Version 6/12/18 5 PSA 19-534GS method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. City Attorney Approved Version 6/12/18 6 PSA 19-534GS 24. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 6/12/18 7 PSA 19-534GS 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR COSCO FIRE PROTECTION, INC., a California corporation (sign he CITY OF CARLSBAD, a municipal corporation of the State of California A-\--t-;< \:\t,roo...n<M =t • v\ t t Pr-t .! , d.tn-t (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _....c.Qh:....<..L.-"""""'./½"""'~..:::.=..:"-=44~-- Deputy City Attorney City Attorney Approved Version 6/12/18 8 EXHIBIT "A" SCOPE OF SERVICES PSA 19-534GS Contractor to perform fire system inspection, testing, maintenance and reporting services for all applicable City of Carlsbad buildings, in accordance with the National Fire Protection Association (NFPA), NFPA 25 -2013 ed., and NFPA 72 -2016 ed., and guidelines and governances established by California Code of Regulations, Title 19. Contractor will perform the following fire protection services at all City of Carlsbad locations (see Locations List and Cost of Services). Services to include but not limited to: Annual test and inspection of the complete automatic fire sprinkler systems as required by NFPA 25 (2013 California Edition). Annual test and inspection of the complete fire alarm and fire detection systems as required by FPA 72 (2016 Edition) . . Annual test and inspection of all common area emergency lighting as required by the 2016 f California Fire Code, Title 19, Chapter 5, and in accordance with the manufacturer's ,, written instructions . . ~ / . • ~-~mi-annual tests and inspections of the FM200 gas suppression systems as required by 1~'/ e most current version of NFPA 17A and NFPA 96, and in accordance with the /I manufacturer's written instructions. I./ .· . Semi-annual tests and inspections of the kitchen hood suppression system as required by the most current version of NFPA 17A and NFPA 96, and in accordance with the manufacturer's written instructions. Contractor will adhere to all NSFP and State of California updates (post execution of this Agreement) regarding testing, inspection and maintenance requirements (i.e. amendments, and applicable California Code of Regulations updates), and will upon such updates being enacted (i.e. Fall 2019, anticipated CA adoption process), will inform the City Project Manager of the scope changes and new requirements. Manner of Performing Work Inspection: A visual examination of a system or portion thereof, intended to establish within a reasonable certainty the operational condition of the system[s]. This is done by observing that the system[s] has not been tampered with and there is no obvious physical damage, or any condition that will prevent its complete operation. All systems shall be inspected at mandated intervals or at intervals that are more frequent when circumstances require and shall be in accordance with current NFPA and State of California guidelines. Testing: The work performed by certified and trained technicians, with tools and specialized equipment designed specifically to verify that all system[s] and ancillary components of the fire protection system will function as intended. Diagnostics performed during testing is to determine status and workability of the fire system(s) or its components. Tests will be scheduled at minimum two (2) weeks in advance and confirmed in advance by the City Project Manager. The frequency of such tests shall be in accordance with current NFPA and State of California guidelines. Maintenance: The necessary or required work and adjustments performed outside of inspections and testing to keep fire protection systems and ancillary components at full operational condition and "automatic" in its function. Reporting: The documentation of inspection and testing summarizing work performed, system compliance/status, and recommended repairs of all applicable components. Reports will City Attorney Approved Version 6/12/18 9 PSA 19-534GS document the fire systems in accordance with all applicable NFPA and State of California guidelines. Reports shall be remitted to the City Project Manager within 1 (one) week of date of inspection. Any deficiency, recommendations, maintenance performed, and or repair identified will be listed on the inspection reports. All deficiencies and required repairs are required to be reported to the City Project Manager within 1 (one) hour after completed inspection or testing. Any repair work required to maintain the complete functionality of the fire safety system(s) will be bid separately, and work will only be performed upon the City Project Manager's prior approval. Locations List and Cost of Services (1) Annual (1) Annual (1) Annual E-(2) Semi-Annual (2) Semi-Annual Annual Location Fire Sprinkler* Fire Alarm* Lights* Kitchen Hood FM200 System Totals Alga Norte Community Park X X $1,995.00 6565 Alicante Rd. Calavera Community Park X X X $ 895.00 2997 Glasgow Dr. City Hall Complex X X $1,595.00 1200 Carlsbad Villaqe Dr. Cole Library X X X $4,385.00 1250 Carlsbad Village Dr. Dove Library X X X $4,385.00 1775 Dove Ln. Faraday X X X $2,785.00 1635 Faraday Ave. Farmers Insurance Building X X $2,395.00 5815 El Camino Real Fire Station No. 3 X X $ 995.00 3465 Trail Blazer Way Fire Station No. 5 X X $ 995.00 2540 Orion Wav Fire Station No. 6 X X $ 695.00 7201 Rancho Santa Fe Rd. Harding Community Center X X $ 595.00 3096 Hardinq St Leo Carrillo Historic Park X X $ 795.00 6200 Flying Leo Carrillo Ln. Library Learning Center X X $1,095.00 3368 Eureka Pl Magee Park X $ 495.00 258 Beach St Pine Community Center X X $1,795.00 3209 Harding St. Safety Center X X X $2,695.00 2560 Orion Way Safety Training Center X X $2,495.00 5750 Orion St Senior Center X X X X $2,195.00 799 Pine Ave. Stagecoach Community Park X X X $ 895.00 3420 Camino de los Coches Total $34,175.00 *Services includes all current and future individual emergency light for the respected location(s). i sprinkler and alarm components. and all e~r- City Attorney Approved Version 6/12/18 10 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) L .--01/10/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER \,UNIACl MARSH USA INC. NAME: PHONE I r..e~ Nol: 125 OTTAWA AVENUE NW 'Air a.1-~-1, SUITE 400 i~D'l:~s~, GRAND RAPIDS, Ml 49503 INSURER(S) AFFORDING COVERAGE NAIC# 5181-MX-GAW-18-19 INSURER A : HDI Global Insurance Company 41343 INSURED Cosco Fire Protection, Inc. INSURER B : Old Reoublic General Insurance Coro. 24139 4990 Greencraig Lane INSURER C : N/A N/A San Diego, CA 92123 INSURER D: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· CHl-008586638-09 REVISION NUMBER· 7 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT\MTHSTANDING 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 ADDL SUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE ,.,c,n • ...,,.,n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY GLD1447201 01/01/2018 01/01/2019 EACH OCCURRENCE $ 2,000,000 -D CLAIMS-MADE 0 OCCUR UAMAl>t: TO Kt:N I t:U PREMISES <Ea occurrence\ $ 1,000,000 - MED EXP (Any one person) $ 10,000 - PERSONAL & ADV INJURY $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 R 0PRO-DLOC PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY A-5CA-923218-09 01/01/2018 01/01/2019 rE~~~~ci,~t~INGLE LIMIT $ 1,000,000 ~ X ANY AUTO BODILY INJURY (Per person) $ ~ OWNED -SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY >-AUTOS X HIRED X NON-OWNED ip~9~gJ~,RAMAGE $ AUTOS ONLY >-AUTOS ONLY $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ B WORKERS COMP EN SA TION A-5DW-92321810 U1/01iLV 18 01/01/2019 XI HfTUTE I I OTH- AND EMPLOYERS" LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E L DISEASE -EA EMPLOYEE $ 1,000,000 ~~i~~~t-f~~ On:OPERATIONS below E L DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: PWM18-18GS, Stagecoach Backflow Replacement, 2430 Camino De Los Coches, Carlsbad CA, COSCO Job No 10CD5779 The City of Carlsbad, its officials, employees and volunteers is/are included as additional insured where required by written contract with respect to General Liability. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions. See attached for Notice of Cancellation endorsement. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Contract Adminstration THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1635 Faraday Ave ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92008 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Scott Pell ~t€':,-~ - © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD OLD REPUBLIC GENERAL INSURANCE CORPORATION EARLY NOTICE OF CANCELLATION PROVIDED BY US THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM Common Policy Conditions, A. Cancellation, 2. is replaced by the following: 2. We may cancel this policy by mailing to the first Named Insured written notice of cancellation at least: a. TEN ( 10) days before the effective date of cancellation if we cancel for nonpayment of premium; or b. SIXTY (60) days before the effective date of cancellation if we cancel for any other reason. Named Insured MX HOLDINGS US, INC. Policy Number A-SCA-923218-09 Endorsement No. O:JO Policy Period 01/01/2018 to 01/01/2019 Endorsement Effective Date: 01/0:/2018 Producer's Name: OLD REPUBLIC CONTR.1.1.CTORS INSURANCE AG8NCY, INC. Producer Number: 7C05 AUTHORIZED REPRESENTATIVE DATE CA EN GN 001710 06 Polley Number GLD1447201 ENDORSEMENT HDI Global Insurance Company Named Insured MX HOLDINGS US, INC. Effective Date: 01-0 1-18 12:01 A.M., Standard Time Agent No. P02999892 This Endorsemarl Changes Thll Polky. Plttass Raad Jt CalFJfuHy. ADDITION.AL INSURED-OWNEFISi LESSEES OR CONTRACTORS-COMPLElED OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NME OF ADDITIONAL INSURED PERSON{S) OR ORGAN IZATION(S): ONLV THOSE ENTllfES REQUESTING THIS FORM BY ~ITTEN CONTRACT LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: THOSE LOCATIONS SPECIFIED IN WRITTEN CONTRACTS INFORMATION REQUIRED TO COMPLETE THIS SCHEDULE, IF NOT SHOWN ABOVE, WILL BE SHOVVN IN THE DECLARATIONS. SECTION II -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITlONAL INSURED THE PERSON(S) OR ORGANIZATJON(S) SHOVl,N IN THE SCHEDULE, BUT ONLY Wini RESPECT TO LIABILITY FOR "BODIL ~ INJURY" OR "PROPERTY DAMAGE'' CAUSED, IN INHOLE OR IN PART, BY "YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT ADDITIONAL INSURED AND INCLUDED IN THE "PRODUCTS- COMPLETEO OPERATIONS HAZARD". MAN-GL(01/02) "lo~(. a10Y ENDORSEMENT Poucy Number GLD1447201 HDI Global Insurance Company Named Insured MX HOLDINGS us, INC . Agent Name MARSH USA INC. OF MI (GRAP) Agent No. P02082030 This Endorsement Changes Ths Polley. Please Read It Ca,efu/ly. Effective Date: 0 1 -0 1 -1 8 12:01 A.M., Standard Time ADDITIONAL INSURED ?OWM:RS, LESSEES OR CONTRACTORS? AUTOMATIC STATUS-ONGOING OPERATIONS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CO~EACIAL GENERAL LIABILITY COVERAGE PART A. SECTION II ? WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN ADDITIONAL INSURED ANY PERSON OR ORGANIZATION FOR VVHOM YOU ARE PERFORMING OPERATIONS WHEN YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN \t,,RITING IN A CONTRACT OR AGREEMENT THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY. SUCH PERSON OR ORGANIZATION IS AN ADDITIONAL INSURED ONLY WITH RESPECT TO LIABILITY FOR "BODILY INJURY", "PROPERTY DAMAGE" OR "PERSONAL AND ADVERTISING INJURY" CAUSED, IN WHOLE OR IN PART, BY: 1. YOUR ACTS OR OMISSIONS; OR 2. THE ACTS OR OMISSIONS OF THOSE ACTING ON YOUR BEHALF; IN THE PERFORMANCE OF YOUR ONGOING OPERATIONS FOR THE ADDITIONAL INSURED. A PERSON'S OR ORGANIZATION'S STATUS AS AN ADDITIONAL INSURED UNDER THIS ENDORSEMENT ENDS WHEN YOUR OPERATIONS FOR THAT ADDITIONAL INSURED ARE COMPLETED. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSUREDS, THE FOLLOWING ADDITIONAL EXCLUSIONS APPLY: THIS INSURANCE DOES NOT APPLY TO: 1. "BODILY INJURY", ''PROPERTY DAMAGE" OR "PERSONAL AND ADVERTISING INJURY" ARISING OUT OF THE RENDERING OF, OR THE FAILURE TO RENDER, ANY PROFESSIONAL ARCHITECTURAL, ENGINEERING OR SURVEYING SERVICES, INCLUDING: A. THE PREPARING, APPROVING, OR FAILING TO PREPARE OR APPROVE, MAPS, SHOP DRAWINGS, OPINIONS, REPORTS, SURVEYS, F.IELD ORDERS, CHANGE ORDERS OR DRAWINGS AND SPECIFICATIONS; OR B. SUPERVISORY, INSPECTION, ARCHITECTURAL OR ENGINEERING ACTIVITIES. 2. "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING AFTER: A. ALL VVORK, 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 ADDITIONAL INSURED( S) AT THE LOCATION OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR B. THAT PORTION OF "YOUR WORK" OUT OF WHICH THE MAN-GL (01/02} 'l.~\O 01 Ol..f ENDORSEIVENT Policy Number GLD1447201 HDI Global Insurance Company Namedlnsurad MX HOLDINGS us, INC. Agent Name MARSH u SA INC . OF MI {GRAP) Agent No. P02082030 This Endorstemtrl Changes The Policy. Please Read It Can,fully. INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR 0A SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR A PRINCIPAL AS A PART OF THE SAME PROJECT. MAN-GI. (01 / 02} Effective Date: 0 1-0 1-1 8 12:01 A.M., Standard Time POLICY NUMBER: GLD 14 4 7 2 0 1 COMMERCIAL GENERAL LIABILITY CG02241093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number~Days'Nodce~9~0 __ (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.} For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided In paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown In the Schedule above. CG02241093 Copyright, Insurance Services Office, Inc., 1992 Page1of1 o COMMERCIAL GENERAL LIABILllY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provi~ed under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: PrlrTBry And Noncontributory Insurance This insurance fs primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (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. (1) The additional Insured is a Nmied Insured under such other Insurance; and CG 20 01 0413 @ Insurance Services Office, Inc., 2012 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY CANCELLATION PROVISION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: Part Six -Conditions, Item D. Cancellation, Number 2., is changed to read: 2. We may cancel this policy. We must mail or deliver to you not less than 60 days advance written notice stating when the cancellation is to take effect, unless cancellation is for nonpayment of premium, in which event our obligation is mailing not less than 1 O days prior to the effective date of cancellation. Mailing notice to you at your mailing address shown in Item 1 on the Information Page will be sufficient to prove notice. Named Insured MX HOLDINGS US, INC. Policy Number A-SDW-923218-10 Endorsement No. 000 Policy Period 01/01/2018 to Endorsement Effective Date: 01/01/2018 01/01/2019 Producer's Name: OLD REPUBLIC CONTRACTORS INSURANCE AGENCY, INC. Producer Number: 0000007005 AUTHORIZED REPRESENTATIVE WC 99 03 14 (01/07) DATE OLD REPUBLIC GENERAL INSURANCE CORPORATION WORKERS COMPENSATION & EMPLOYERS LIABILITY INSURANCE POLICY EXTENSWN OF INFORMATION PAGE · EXTENDED NAME SCHEDULE ACCOUNT NUMBER: CK00392 NAMED INSURED AND MAILING ADDRESS MX HOLDINGS US, INC. 163 TECHNOLOGY DRIVE SUITE 200 IRVINE, CA 92618 E X T E N D E C POIJCY NO. A·6DW·923218·10 ENOOR 000 RENEWALOF A-1DW-923217-09 AGENCY AND MAILING ADDRESS OLD REPUBLIC CONTRACTORS INSURANCE AGENCY, INC. 307 N. MICHIGAN AVE, SUITE 600 CHICAGO, IL 60601·0000 NAMED I N S U R E D This extension includes additional named insureds. ENTITY NO. 2 SEQ. NO. 1 COSCO FIRE PROTECTION, INC. UNEMPLOYMENT NO: ENTITY NO. 3 SEQ. NO. l FEIN: FIRETROL PROTECTION SYSTEMS, INC. UNEMPLOYMENT NO: ENTITY NO. 3 SEQ. NO. 2 FEIN: FIRETROL PROTECTION SYSTEMS, INC. OBA ARIZONA FIRE & SECURITY UNEMPLOYMENT NO: ENTITY NO. 4 CFP INC. SEQ. NO. 1 FEIN: UNEMPLOYMENT NO: 7006 -------·-------·-·------------------------------- ENT:TY NO. 5 SEQ. NO. 1 FEIN: C FP FIRE PROTECT IOK, INC. UNEMPLOYMENT NO: WC 99 06 32 (02/11) 01-04-18 TG cjimenez Page l of 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT we oo 0313 (Ed. 4-84) 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule LA $18 BLANKET WHERE REQUIRED BY AN EXECUTED WRITTEN CONTRACT IN ALL STATES WHERE APPLICABLE. This endorsement changes the policy to which it is attached effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy,) Endorsement Effective 01/01/2018 Policy No. A-SDW-923218-10 Endorsement No. 000 Insured MX HOLDINGS US, INC. Insurance Company OLD REPUBLIC GENERAL INSURANCE CORPORATION WC 000313 {Ed 4-84) C 19S3 Natlonal Council on Compensation Insurance. Premium$ Countersigned by