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HomeMy WebLinkAboutCosco Fire Protection Inc; 2020-03-18; PWM20-1005FAC DOC# 2020-0310940 111111111111 lllll 11111111111111111111111111111111111111111111111111111 RECORDED REQUESTED BY CITY OF CARLSBAD Jun 16, 2020 01:19PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES S0.00 (SB2 Atkins $0.00) AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 PAGES 2 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 209-050-26-00 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on May 29, 2020. 6. The name of the contractor for such work or improvement is Cosco Fire Protection, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Contract No. PWM20-1005FAC, Commercial Prop Standpipe Replacement. 8. The street address of said property is 5750 Orion Street, in the City of Carlsbad. CITY OF CARLSBAD f. ~( __ ( <) ---- ½cott Chadwick, City Manag~r VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; z200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on t, 'I , 20 ;J/), accepted the above described i work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on __ b-+J-q~--·' 20 ~0 at Carlsbad, California. CITYOFCARQ ~~ t/edo, &ornei.1 Depvt~ ~r Barbara Engleson, City'Clerk · Cdj Cle ru CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Cosco Fire Protection, Inc. has completed the contract work required for Contract No. PWM20-1005FAC -Commercial Prop Standpipe Replacement. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Commercial Prop Standpipe Replacement CERTIFICATION OF COMPLETION OF IMPROVEMENTS \ John Maash~~~~ VALUE $18.445.00 CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. f. i<, Q_(/ r2 \~&eatf Eafn,e, A~-1,_, ( 9 (-v (j Scott Chadwick, Cityanager f ' Ci:j Date APPROVED AS TO FORM: By:_,_ _________ _ Deputy City Attorney Ass1s11,,n- }'1)/in,i~I( CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT COMMERCIAL PROP STANDPIPE REPLACEMENT PWM20-1005FAC This agreement is made on the / 8 ,JjJ day of ~ , 2020, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Cosco Fire Protection, Inc., a California corporation whose principal place of business is 4990 Greencraig Lane, San Diego, CA 92123 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Jason Kennedy (City Project Manager). WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. Commercial Prop Standpipe Replacement; Contract No. 4743 Page 1 of 6 City Attorney Approved 1/25/2019 PWM20-1005FAC FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. ' ,/ Signature: /1 / /~ Print Name: Alex Hernandez REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Commercial Prop Standpipe Replacement; Contract No. 4743 Page 2 of 7 City Attorney Approved 1/25/2019 PWM20-1005FAC INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within fourteen (14) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill Cosco Fire Protection, Inc. (name of Contractor) 577621 (Contractor's license number) C-10, C-16 9/30/2021 (license class. and exp. date) 1000002305 (DIR registration number) 6/30/2021 (DIR registration exp. date) Commercial Prop Standpipe Replacement; Contract No. 4743 Page 3 of 7 4990 Greencraig Lane (street address) San Diego, CA 92123 (city/state/zip) 858-444-2000 (telephone no.) 858-444-20560 (fax no.) m kuz@coscofire.com (e-mail address) City Attorney Approved 1/25/2019 PWM20-1005FAC 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 By: Alex Hernandez/Vice President (print name/title) By: ,'~/\ ---(sign hr Roger Jump/Secretary & Treasurer (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California the City 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: 128¾ City w Commercial Prop Standpipe Replacement; Contract No. 4743 Page 4 of 7 City Attorney Approved 1/25/2019 UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF COSCO FIRE PROTECTION, INC. IN LIEU OF ANNUAL MEETING The undersigned, being all of the members of the Board of Directors (the "Board") of COSCO FJRE PROTECTION, INC., a California corporation (the "Corporation"), acting pursuant to Section 307(b) of the California Corporations Code and the bylaws of Corporation, do hereby unanimously consent to the adoption of the following resolutions, in lieu of holding an annual meeting: Ratification of Officers' Actions RESOLVED, that all of the actions taken by the officers of the Corporation regarding the business of the Corporation since the last annual meeting of the Board be, and they hereby are, ratified, confirmed and approved. Election of Officers RESOLVED, that each of the following individuals is hereby elected to the office set forth opposite his or her name, to hold such office until his or her successor is elected and qualified or until his or her earlier resignation or removal: Theodore Hanson Roger Jump Barry Fielding Alex Hernandez John Strohecker Dale Holm Phil Raya Eugene Janecka John Berres Chairman of the Board and President Secretary & Treasurer Vice President Vice President Vice President District General Manager District General Manager District Genenll Manager District General Manager Execution in Counterparts RESOLVED, that this Unanimous Written Consent may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. [The remainder of the page has intentionally been left blank.] Execution bv Facsimile RESOLVED, that this Unanimous Written Consent may be executed by facsimile, and, upon such execution, shall have the same force and effect as an original. IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent as at s t orth below. c-1· -"· ·· l ,, · Date: _ _, ___ ~ _ __;_ __ V' ____ _ Date: 9/6/2016 2 PWM20-1005FAC EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract / ;~<v Total% Subcontracted: r:P The Contractor must perform no less than fifty percent (50%) of the work with its own forces. Commercial Prop Standpipe Replacement; Contract No. 4743 Page 5 of 7 City Attorney Approved 1/25/2019 PWM20-1005FAC EXHIBIT B COMMERCIAL PROP STANDPIPE REPLACEMENT JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. Replace two (2) fire training standpipe systems located in the commercial prop structure at the Safety Training 1 LS 1 Center. Systems are used for firefighter training. Existing $18,445 standpipe materials will be replaced with galvanized materials to prevent corrosion. Project details outlined in Exhibit C. TOTAL* $18,445 *Includes taxes, fees, expenses and all other costs. Commercial Prop Standpipe Replacement; Contract No. 4743 Page 6 of 7 City Attorney Approved 1/25/2019 ( .. _,,. CJ c_ c~ O' 1- ,.I lJ ..J j Exhibit "C" PWM20-1005FAC •• c; ti. t· ... ••ti:tt"~• ·••t:e:1s•· ·•t:t,erc;;•' Fire Protection Attn: Jason Kennedy City of Carlsbad Carlsbad Training Center -Standpipe 5750 Orion St, Carlsbad, CA We are pleased to present the following proposal for your consideration. Scope of Work: 4990 Greencraig Lane San Diego, CA, CA 92123 (858) 444-2000 fax: 444-2056 State License No: C-16-577621 www.coscofire.com January 14, 2020 • This proposal includes materials, tax, tools, equipment, design, and labor, to demo and replace two existing fire standpipes in the training tower building in accordance with a site visit on December 3, 2019. • Scope of work includes: o Demo two existing 4" standpipe stacks. o Install new 4" standpipe stacks matching existing standpipe layouts. o All new material to be galvanized. o All new pipe shall be Sch. 40 galvanized steel pipe for 1" -4" with grooved, threaded, and welded fittings. o F.D.C. wall plates to be installed at exterior wall mount F.D.C. o Hydrostatic test of sprinkler system piping. o Plans and Material Submittals shall be submitted to Carlsbad Fire Department for approval and inspections. Review & permit fees included. • Work will be performed Monday-Friday 7:00 am to 4:00 pm in one phase. • This proposal is based upon receiving a project schedule and AutoCAD files of existing training tower. • Installation of new piping will be performed per NFPA and Carlsbad Fire Department requirements. Exclusions: • Bond, Fire watch, Fire Protection Engineer. • Domestic Material. • Underground or remote FDC. • Working in areas with hazardous material, as defined by OSHA. • Overtime, off-hours work, working weekends & holidays. • Any work associated with extinguishers/cabinets, fire alarms, & monitoring. • Up-sizing, and/or relocating new standpipe. • Prep for painting or painting of sprinkler pipe. • Hydraulic calculation for pumper truck pressure requirements. Total Base Bid: $18,445.00 Thank you for the opportunity to provide this quotation. This quote is valid for 30 days and subject to COSCO Fire Protection's Terms and Conditions. Sincerely, ~~u3 MarkKuz v' Page 7 of 7 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~-12124/2019 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 tenns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA Inc. NAME: r1iw~:o E_.,. I FAX 125 Ottawa Avenue NW IA/C Nol: Suite 400 E-MAIL Grand Rapids, Ml 49503 ADDRESS: Attn: grandrapids.certrequest@marsh.com INSURERISl AFFORDING COVERAGE NAIC# CN108159189-MX-GAW-20-21 SDiego INSURER A : HDI Global Insurance Company 41343 INSURED INSURER B : ACE American Insurance Comoanv 22667 Cosco Fire Protection, Inc. 4990 Greencraig Lane INSURER C : NIA NIA San Diego, CA 92123 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· CHl-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 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 TERM~,: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ., ' INSR TYPE OF INSURANCE ADDL SuBR POLICYEFF POLICY EXP LIMITS LTR ,.,.,n un,n POLICY NUMBER IMMIDD/YYYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY X GLD1447203 01/01/2020 01/01/2021 EACH OCCURRENCE $ 2,000,000 ~ ~ CLAIMS-MADE 0 OCCUR DAMA<.;,: IU "c", cu PREMISES !Ea occurrence\ $ 1,000,000 >--10,000 MED EXP (Any one person) $ ~ 2,000,000 PERSONAL & ADV INJURY $ >-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl 0PRO-DLoc PRODUCTS • COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ 8 AUTOMOBILE LIABILITY ISAH25289560 01/01/2020 01/01/2021 COMBINED SINGLE LIMIT $ 1,000,000 /Ea accident\ ~ X ANY AUTO BODILY INJURY (Per person) $ >--OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY ..._ AUTOS X HIRED X NON-OWNED rp~?~~~RAMAGE $ >--AUTOS ONLY -AUTOS ONLY $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ >-- EXCESSLIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ B WORKERS COMPENSATION X WLRC66042492 u 11u11.:u.:u 01/01/2021 X I ~f~TUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N Includes Stop Gap ANY PROPRIETOR/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 gm:~1'F-°t~ ~'}"~PERATIONS below E.L. DISEASE • POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Addillonat Remarks Schedule, may be attached If more space Is required) Re: All Operations City of Cartsbad is/are included as additional insured where required by written contract with respect to General Liability. This insurance is primary and non-contribulory over any existing insurance and limited to liability arising oul of the operafions of the named insured subject to policy lenns and conditions. Waiver of subrogation is applicable where required by wrillen conlracl and subject to policy lenns and condilions. CERTIFICATE HOLDER CANCELLATION City of cartsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE r)o EXIGIS Insurance Compliance Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 4668-ECM#35050 ACCORDANCE WITH THE POLICY PROVISIONS. New York, NY 10163-4468 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Scott Pell ~--f:::.t::::,~ © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER GLD1447203 IL Al 4001 (0611) HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE 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. FLA.MEX, INC. CFP, INC. MINIMAX CHINA FIRE PROTECTION SYSTEM, INC. LIMITED FIRETROL PROTECTION SYSTEMS CO., CFP FIRE PROTECTION SYSTEMS, INC. DBAARIZONA FIRE AND SECURITY KUSTER, LLC. FIRE CALL, INC. FIRETROL PROTECTION SYSTEMS, INC. FIRETROL PROTECTION SYSTEMS, INC D/8/A ARIZONA FIRE & SECURITY PREDOMONT SOUND & SIGNAL, INC. CFP FIR!; PROTl=CTION, 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 4001 (06 11) ENDORSEMENT Policy Number GLD1447203 HDI Global Insurance Company Named Insured MX HOLDINGS US, INC. Agent Name Agent No. MARSH USA INC. OF MI (GRAP) P02082030. This Endorsenent Changes The Policy. Please Read It Carefully. Effective Date: 01-01-2 0 12:01 A.M., Standard Time BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION CG 201010 01 VERSION AS PER THE \lvRITTEN CONTRACT (IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT.) A. SECTION II -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF YOUR ONGOING OPERATIONS PERFORMED FOR THAT INSURED. B. WITH RESPECT TO THE INSURANCE AFFORDED TO THESE ADDITIONAL INSUREDS, THE FOLLOWING EXCLUSION IS ADDED: 2. EXCLUSIONS THIS INSURANCE DOES NOT APPLY TO "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURRING AFTER: (1) ALL WORK, INCLUDING MATERIALS, PARTS OR EQUIPMENT J=URNISHED 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 SITE OF THE COVERED OPERATIONS HAS BEEN COMPLETED; OR (2) THAT PORTION OF "YOUR WORK" OUT OF WHICH THE INJURY OR DAMAGE ARISES HAS BEEN PUT TO ITS INTENDED USE BY ANY PERSON OR ORGANIZATION OTHER THAN ANOTHER CONTRACTOR OR SUBCONTRACTOR ENGAGED IN PERFORMING OPERATIONS FOR A PRINCIPAL AS A PART OF THE SAME PROJECT. MAN-GL (01/02) •. •:. ENDORSEMENT Policy Number GLD1447203 HDI Global Insurance Company Named Insured MX HOLDINGS US, INC. Effective Date: 01-01-2 0 12:01 A.M., Standard Time Agent Name Agent No. MARSH USA INC. OF MI (GRAP) P02082030 This Endorsenent Changes The Policy. Please Read It Carefully. BLANKET ADDITIONAL INSURED -OWNERS, LESSEES, OR CONTRACTORS -COMPLETED OPERATIONS CG20371001 AS PER THE WRITTEN CONTRACT (IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS APPLICABLE TO THIS ENDORSEMENT.) SECTION II -WHO IS AN INSURED IS AMENDED TO INCLUDE AS AN INSURED THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF "YOUR WORK" AT THE LOCATION DESIGNATED AND DESCRIBED IN THE SCHEDULE OF THIS ENDORSEMENT PERFORMED FOR THAT INSURED AND INCLUDED IN THE "PRODUCTS-COMPLETED OPERATIONS HAZ-ARD". MAN-GL (01/02) Workers' Compensation and Employers' Liability Policy Named Insured Endorsement Number MX HOLDINGS US, INC. 153 TECHNOLOGY DRIVE SUITE 200 Policy Number IRVINE CA 92618 Symbol:WLR Number: C66042492 Policy Period Effective Date of Endorsement 01-01-2020 TO 01-01-2021 01-01-2020 Issued Bv (Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the palicv number. The remainder of the information is to be comoleted onlv when this endorsement is issued subseauent to the oreoaration of the oolicv. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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 any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A WRITTEN CONTRACT, PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS. For the states of CA, UT, TX, refer to state specific endorsements. This endorsement is not applicable in KY, NH, and NJ. The endorsement does not apply to policies in Missouri where the employer is 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 employer in the construction group of code classifications. For Kansas, use of this endorsement is 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 0313 (11/05) Ptd. U.S.A. Copyright1982-83. 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 IRVINE CA 92618 Symbol:WLR Number: C66042492 Policy Period Effective Date of Endorsement 01-01-2020 TO 01-01-2021 01-01-2020 Issued By (Name of Insurance Comoanv) ACE AMERICAN INSURANCE COMPANY -Insert the °i:lOfiCV number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the POiicy. 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. 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, 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 Name of person or organization: ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL OPERATIONS CONDUCTED BY AN INSUBED PURSUANT TO SUCH WRITTEN CONTRACT 3. Premium: The premium charge for this endorsement shall be 1.0 percent of 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: ~ Authorized Representative WC 90 03 75 (05/18)