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HomeMy WebLinkAboutBergelectric Corp; 2022-10-24; PWM23-1961FACPWM23-1961FAC Temp Fire Station 7 Alerting System Cont. No. 4091 Page 1 of 8 City Attorney Approved 8/2/2022 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT TEMP FIRE STATION 7 ALERTING SYSTEM; CONT. NO. 4091 This agreement is made on the ______________ day of _________________________, 2022, by the City of Carlsbad, a California, a municipal corporation, (hereinafter called "City"), and Bergelectric Corp., a California corporation whose principal place of business is 3182 Lionshead Avenue, Carlsbad, California 92010 (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: John Maashoff (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09 October24th DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09PWM23-1961FAC 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: Sfw:.e Q> Print Name: Steve Parks 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. Temp Fire Station 7 Alerting System Cont. No. 4091 Page 2 of 8 City Attorney Approved 8/2/2022 DMM PWM23-1961FAC Temp Fire Station 7 Alerting System Cont. No. 4091 Page 3 of 8 City Attorney Approved 8/2/2022 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 10 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 25 working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION: Bergelectric Corp. 3182 Lionshead Avenue (name of Contractor) 85046 (street address) Carlsbad, CA 92010 (Contractor’s license number) C7; C10 / 02/28/2023 (city/state/zip) 760-638-2374 (license class. and exp. date) 1000000328 (telephone no.) n/a (DIR registration number) 06/30/2023 (fax no.) jsegna@bergelectric.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// DMM DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09 DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09PWM23-1961FAC 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 BERGELECTRIC CORP., a California corporation By: (sign here) Steve Parks, Chief Strategy Officer (print name/title) By: (sign here) (print name/titl~) CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as Authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. 1t.£ 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: CINDIE K. McMAHON, City Attorney BY: --~-"---------b-----Assistant City Attorney Temp Fire Station 7 Alerting System Cont. No. 4091 Page 4 of 8 City Attorney Approved 8/2/2022 DMM None 0% DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09 PWM23-1961FAC 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 Type of Work to be Business Name and Address DIR Registration Subcontracted No. Total % Subcontracted: ------- The Contractor must perform no less than 50% of the work with its own forces. Temp Fire Station 7 Alerting System Cont. No. 4091 Page 5 of 8 License No., %of Classification & Total Expiration Date Contract City Attorney Approved 8/2/2022 DMM PWM23-1961FAC Temp Fire Station 7 Alerting System Cont. No. 4091 Page 6 of 8 City Attorney Approved 8/2/2022 EXHIBIT B Temp Fire Station 7 Alerting System Provide all labor, equipment and materials necessary to install the city supplied US Digital Designs (USDD) alerting equipment in both modular trailers and the Sprung Instant Structure apparatus bay in temporary Fire Station 7 located at 4600 Carlsbad Blvd, Carlsbad CA 92008. Contractor shall install surface mounted conduit and cabling necessary to complete the installation of, and make operational, the USDD alerting system including message signs and speakers as shown in the attached Exhibit D. JOB QUOTATION ITEM NO. QTY DESCRIPTION PRICE 1 LS US Digital Designs (USDD) alerting equipment in both modular trailers and the Sprung Instant Structure apparatus bay in temporary Fire Station 7 $29,967.00 2 LS Bond Premium $450.00 TOTAL* $30,417.00 *Includes taxes, fees, expenses and all other costs. DMM DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09 DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09 BOND NO.: K41597021 PREMIUM: $150.00 EXHIBITC LABOR AND MATERIALS BOND PWM23-1961FAC WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Bergelectric Corp., a California corporation (hereinafter designated as the "Principal"), a Contract for: TEMP FIRE STATION 7 ALERTING SYSTEM CONTRACT NO. 4091 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Bergelectric Corp., as Principal, (hereinafter designated as the "Contractor"), and FEDERAL INSURANCE COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of thirty thousand four hundred seventeen dollars ($30,417.00), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Temp Fire Station 7 Alerting System Cont. No. 4091 Page 7 of 8 City Attorney Approved 8/2/2022 DMM DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09 -· .,. .... PWM23-1961 FAC In the eve nt t hat Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this -----'--17'-T'-H-'---__ day of ___ O_C_T_O_B-E-R~-----20~ ....cB=E"'--R.:...;:G=E=L=E....c.C_T_R=IC'-C"'--O"'-R""'P'"""'.'-----(SEAL) FEDERAL INSURANCE COMPANY (SEAL) :~~~~~-(-~_-u_Q~- ~-Ron Wood, Chief Operations Officer (Signature) (Surety) .,.~;/ -':·' ETNSPECTOR, ATTORNEY-IN-FAC T (Signature) -. ... '--(SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON City Attorney By: Assistant City Attorney -- Temp Fire Station 7 Alerting System Cont. No. 4091 Page 8 of 8 City Attorney Approved 8/2/2022 DMM DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verities only the identity of the indiv idual who signed the docum ent to which this certifi cate is attached, and not the trnthfolness, accuracy, or validi ty of that document. State of California County of Los Angeles On OCT 1 7 2022 before me, D. Garcia, Notary Public, personally appeared Ethan Spector who proved to me on the basis of satisfactory evidence to be the person¼ whose name(:sris/are subscribed to the within instrument and acknowledgment to me that he/she/they executed the same in his/:hef/t-he+F authorized capacity(-i-es), and that by hi s/her/their signature¼ on the instrument the personfsj, or the entity upon behalf of which the person¼ acted, executed the instrument. D. GARCIA O { COMM . #2354770 z Notary Public • California ~ Los Angeles County _. M Comm. Ex ires Apr. 18, 2025 I certify under PENAL TY OF PERJURY under the laws of the State of Cali fornia that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature __ -v-~'16--rJ£-/4=---=---~--' _____ _ D. Garcia, Notary Public DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09... CHU a a·· Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Martha Barreras of Irvine, califomia; B Aleman, Erin Brown, Usa Crail, D Garcia, Simone Gerhard, Michelle Haase, Thomas G. McCall, Janina Monroe, Emily Newell, Timothy Noonan, Jennifer Ochs, Paul Rodriguez, Lisa Marie saumur, Aidan Smock, Edward C. Spector, Ethan Spector, Marina Tapia, Charles R. Teter Ill, Adriana Valenzuela and KD Wapato of Los Angeles, California------ each as their true and lawful Attomey•ln•Fact to l!Xl!Cllte under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as suret;y thereon or otherwise, bonds and undertakings and other writings obligatory In the nature thereof (other than baD bonds) given or executed In the course of business, and any Instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to In said bonds or obligations. In Witness Whereat said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this Z6111 day of January, Z022. ~l)J.l.n-'\~. ~ ~JI\~ ------------------------- STATl!'OFNEWJl!'RSEY County of Hunterdon ss. On this 26111 day of January, 2022 before me, a Notary Public of New jersey, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros and Stephen M. Haney, being by me duly sworn, severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President, respectively, of Fl!Dl!'RAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said COmpanles; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal KATHERINE J. ADELAAR NCn'ARV PU8UC OF NEW JER8l!V --U1e&86 Comm-. E,cplrea Jutr 18, 2024 ~ Nolllf)'Publlc CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIPIC INDEMNITY COMPANY on August 30, 2016; Wl!'STCHESTl!'R FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMl!'RICAN INSURANCI!' COMPANY on March 20, 2009: •RESOLVED, that the following authorizations relate ID the eX11CUtlon, for and on behalf of the Company, of bonds, undertakinp, recoaruzances, contracts and other written commitments of the Company entered Into In the ordinary course ofbuslneas (each a "Written Commitment"): (1) Each of the Chairman. the President and the Vice Presidents oftheCompanylshereby authorized IDexecuteanyWrlttenCommlnnent farandanbehalfoftheCompany,undertheseal of the Company or otherwise. (2) Each duly appolntod attamey-ln-l'act of the Campany Is hereby authorized to -cute any Written Commlnnent for and on behalf of the Company, under the seal of the Company or otherwise, ID the extent that such action Is authorized by the grant of powers provided for In such person's written appointment u such allDmey-ln•fact. (3) Each of the Cbalnnan. the President and the Vice Presidents oftheCompanylsherebyauthorlzed,forandon behalfoftheCompany,toappolntlnwrltlng any person the attDmey-ln· fact of the Company with run power and authority to execute, for and on behalf of tho Company, under the seal of the Company or otherwise, such Written Commlnnents or the Company as may be spedfted In such written appolntmenr, which specification may be by l)CIICral typo or class of Wrlllen Commitments or by spedllcatlon of one or more particular Written Commitments. (4) Each of the Chairman. the President and the Vice Presidents of the Company Is hereby authorized. for and on behalf or the Company, to delepte In wrlt1111 to any other officer of the Company the author11¥ ID execute, for and on behalf of the Campany, under the Company's seal or otherwise, such Written Commlnnents of the Company as are spedfted In such written delegation. which speclftcatlan may be by general type or class of Written Commlnnenls or by spedllcatlon of one or more particular Written Commitments. [SJ The slgnalllro of any officer or other person executing any Written Commitment or appointment or daleptlan pursuant ID this Resolution, and the_, of the Company, may be affixed by facsimile on such Written Commitment or written appointment or deleptlon. FURTHER RESOLVED, that the forcgolns Rasolullan shall not be deemed ID be an exclusllle statement of the powers and authority ofofflcers, employees abd other persons ID act for and an behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.• I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRI!' INSURANCE COMPANY and ACI!' AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and In full force and effect, (II) the foregoing Power of Attorney Is true, correct and In full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NI, this OCTOBER 17 1 2022 . .• -··.,.>'-~ ..... !~~/--:-~'.?(;;\ ::--.c. :c--~'N'\-~ --.. . ..,J:,:-:-:-t ~ ~-..:----~ -~ -_ _,,....,;..-_ .... _ --------,tiv.-;n_\_l-.t_,.:h.,.1,-,...-"--.. --\. ___ ·-an-,-~--x--rc-:t-:1-,rf' ~•@e -:: ----·------·--· IN THE EVENT YOU WISHTOVERIFYTHEAIJTHENTICITY Tele hone 908 903-3493 Combined: FED-VIG-Pl-WFlc.MIC (rev.11-19) DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sa YI P1 e '1 o On OU I€,. zozz. before me, tarDt ~V) hbl-u;,;-notz:uv Pu.bli(. Date Here Insert Name and Title of the Officer personally appeared ___ __,__f&v,=-'---'---'--W __ o'-acJ__=="-=------------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,, •• ft •••• ft~ CAROL ANN FISHER ~ Notary Public • California % :l San Dil?llo County ~ "' Commission II 2337887 -,,::,c•••· My Comm. Expires Nov 25, 2024 __,. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that t he foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature L'o n~--(. V-l--"V\ Y"I n..6 h" r Signature of Notary Public ---------------OPTIONAL --------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type Qf Document: ___________________________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 955 Borra Place| Escondido, CA 92029| Tel (760) 746-1003| Lic.#C7, C10-85046 | www.bergelectric.com September 2, 2022 Bid #: 129294 Robert Polley, CCM SchneiderCM Subject: City of Carlsbad Temporary Fire Station #7 Alerting Cannon Road Area, West of I-5 Carlsbad, CA 92008 USDD Plans: USDD.CA_CBAD.TEMP FS07.FSA.2022.08.08 dated 8/8/2022 System: Fire Station Alerting System We are pleased to submit our quote for the installation of the cabling and components to support the new G2 Alerting System. Fire Station Alerting System Installation Pricing Summary: Temp Station #7 Install ............................................................................................... $29,967.00 1.5% for Bond .................................................................................................................. $450.00 TOTAL ....................................................................................................................... $30,417.00 Scope of Work: •Includes labor and material to support the installation of the USDD equipment (provided by others) per the USDD proposal and drawings dated above. •Includes (1) fire rated plywood back board per Station. •Pricing is based on all cabling being installed free air above the T-bar ceiling and surface mount in areas with hard lid and concrete surfaces. We are excluding the following: •120V emergency power outlet at ATX location. •Coring, sleeves, and penetrations. •Seismic bracing and anchoring of pathways and spaces. •Active (other than USDD) equipment (i.e. fiber optic converters, network switches, network routers, wireless access points, VoIP equipment, telephone handsets, hubs, servers, computers and television monitors). •Drywall, cutting, patching, and painting of all surfaces. •Design, AutoCAD, detailing, or 3D modeling/BIM coordination beyond USDD drawings. •Connection and/or interface to any devices not shown on the drawings prepared by USDD. •Payment and performance bonds. •Additional cost related to work in areas where asbestos is present. Exhibit D DMM DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09 955 Borra Place| Escondido, CA 92029| Tel (760) 746-1003| Lic.#C7, C10-85046 | www.bergelectric.com Please note the following clarifications: • All USDD product will be onsite prior to installation. • All work will be performed during normal business hours from 7:00 a.m. to 5:00 p.m. PST. If after hours work is required on Saturday it will be calculated at an overtime rate of time and a half. Sunday work and Holidays are calculated at double time rate. • Any additional labor or material request, that has not been included in the Scope of Work section of this Agreement, shall constitute a change order. All change orders will be in writing, signed by both the Customer/Contractor and Bergelectric prior to any materials being ordered or work being scheduled. • Access to the job site, without delay, is the responsibility of the customer. If delays are caused by inadequate access, additional charges may apply for technician downtime. • This proposal may be withdrawn by us if not accepted within 90 days. • Includes State prevailing wage rates. • Onsite parking is provided to Berg at no additional cost. We thank you for the opportunity to present this proposal and hope that it meets with your approval. Should you have any questions regarding this project, please contact me. Best regards, Jason Segna, RCDD Senior Estimator d: 512.201.2901 m: 512.775.9382 a: 4509 Freidrich Ln, Suite 105 Austin, TX 78744 e: jsegna@bergelectric.com DMM DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09 b eerg electric WORK SAFE. LIVE SAFE. USDD.CA_CBAD.TEMP FS07.FSA.DWGdesign byA B C D 4 3 2 1 4 2 1 A B C D 3 projectbuildingfilenamedatewww.stationalerting.comT H I S D O C U M E N T CONTAINS CONFIDENTIAL A N D P R O P R I E T A R Y INFORMATION WHICH IS THE EXCLUSIVE PROPERTY OF US DIGITAL DESIGNS, INC. REPRODUCTION, DISTRIBUTION OR USE BY OTHERS, IN WHOLE OR IN PART, IS NOT PERMITTED WITHOUT THE WRITTEN AUTHORIZATION FROM US DIGITAL DESIGNS, INC. PoE = G2 ATX Power-over-Ethernet (PoE) ports 1...8 and G2 Expansion Module ports 1...12 A.n = G2 ATX Amplifier 1...4 EA.n = G2 External Amplifier 1...n CH.n = G2 Message Remote 2 Channel 1 or 2 7/25/2022 - 1:55PMSYMBOL DESCRIPTION G2 I/O REMOTE PUSH BUTTON - RED G2 STROBE LIGHT SPEAKER, WEATHER-PROOF SPEAKER, FLUSH MOUNT SPEAKER, METAL BOX G2 LED SPEAKER, FLUSH MOUNT G2 LED SPEAKER, METAL BOX OEM TRANSFORMER G2 HDTV REMOTE G2 COLOR INDICATOR REMOTE OEM FLAT PANEL MONITOR, XX", WITH MOUNT G2 MESSAGE SIGN (STANDARD 24") VOLUME CONTROL (CUSTOMER SUPPLIED) G2 ROOM REMOTE 2 ARTICULATING ARM MOUNT - LONG ADAPTER PLATE DOUBLE PUSH BUTTON - BLACK G2 OMNIALERT STROBE SPEAKER G2 MESSAGE SIGN (MINI 12") G2 MESSAGE SIGN (EXTENDED 36") ADAPTER PLATE SINGLE G2 MESSAGE REMOTE 2 G2 ATX STATION CONTROLLER G2 EXPANSION MODULE G2-UNINTERRUPTIBLE POWER SUPPLY OEM AMPLIFIER SYMBOL DESCRIPTION TVR PBBLACK PB RED CIR STR ATX I/O T UPS AMP MR2 EXP RR2 S S S ADS MSE MSML MSS MSM VC S S ADP MSML S LAR G2 LOCAL AREA REMOTE FPD MOUNT FPM - XX"addressEND- U SE R -A P P R OVALINSTAL L E R -R E V I EWEND-USER APPROVES STATION DESIGN FOR PURPOSES OF OBTAINING QUOTE. INSTALLER CONFIRMS DESIGN ALIGNS WITH SITE CONDITIONS. (SPEAKER MOUNTING TYPE, ATX LOCATION ETC.) SIGNATURE REQUIRED G2 VIDEO DOOR STATIONVDS CARLSBAD FIRE DEPARTMENT, CATEMPORARY FIRE STATION 7CANNON ROAD AREA, WEST OF THE I-5, CARLSBAD, CA 92008PDADP MSML MSSMSS MR2 CH.1 S TVR ATX UPS MSS NOTES: 1. SEE ARCHITECTURAL SPECIFICATIONS FOR ALL ROUGH-IN AND INSTALLATION DETAILS. 2.US DIGITAL DESIGNS DOES NOT SUPPLY BACK BOXES, CONDUITS, OR MOUNTING FASTENERS. 3. PHOENIX G2 SYSTEM IS ABLE TO SIGNAL OWNER-FURBISHED SYSTEMS, (EXHAUST, LIGHT, GAS SHUT OFF, ETC.) BUT USDD DOES NOT SUPPLY THESE SYSTEMS AND CANNOT WARRANT OR SUPPORT ANY OF THEIR PERFORMANCE BEYOND THE TRANSMISSION OF RELAY SIGNAL TO THEM. 4. US DIGITAL DESIGNS FIRE STATION ALERTING PLANS ARE DIAGRAMMATIC AND FOR QUOTING PURPOSES ONLY. DRAWING MAY NOT BE TO SCALE. INSTALLER NOTES: 1. INSTALLER TO VERIFY WALL AND CEILING TYPE TO DETERMINE NEED FOR FLUSH OR SURFACE MOUNT INSTALLATION OF EQUIPMENT SPECIFIED. 2. INSTALLER TO COORDINATE CONNECTION BETWEEN ATX STATION CONTROLLER’S LINE-LEVEL AUDIO OUTPUT AND (EXISTING) OWNER-FURBISHED HOUSE AUDIO SYSTEM (AMP). (IF APPLICABLE) 3. INSTALLER TO PROVIDE CAT6 & 18/4 CABLES FROM ATX CONTROLLER TO CUSTOMER'S STATION RADIO FOR BACKUP. 4. INSTALLER TO PROVIDE CAT6 CABLE FROM ATX CONTROLLER WAN OUTPUT TO CUSTOMER'S IN-STATION NETWORK. 5. INSTALLER TO COORDINATE CONNECTION BETWEEN EXISTING STATION LIGHTING CONTROL SYSTEM AND RELAY OUTPUT FROM ATX STATION CONTROLLER OR I/O REMOTE WITH OWNER. (IF APPLICABLE) 6. VOLUME CONTROL TO BE PROVIDED BY OWNER OR INSTALLER IF SHOWN ON DRAWING. 7. INSTALLER TO VERIFY AND CONSIDER LOCATION(S) OF NETWORK AND RADIO CONNECTIONS. RR2 PBBLACK S TO ATX SWITCH ONLY A.1 A.2PoE PoE WIRE TO MR2-A NEAR ATX A.4 DOORBELL S SS S S S S S S S SS S S MR2 CH.2CH.1 MR2 CH.2CH.1 PoE (MR2-C) CH.1 ON MR2-B CH.2 ON MR2-B PoE (MR2-A) PoE (MR2-B) PoE CONFIGURE AS HMI CH.1 ON MR2-C CH.2 ON MR2-C CH.1 ON MR2-D CH.2 ON MR2-D CH.1 ON MR2-E CH.2 ON MR2-E MR2 CH.2CH.1 MR2 CH.2CH.1 PoE (MR2-E) PoE (MR2-D) G2 EQUIPMENT LOCATION A.3 Count Name 1 G2 ATX STATION CONTROLLER 1 G2 HDTV REMOTE 8 G2 LED SPEAKER-BOX 5 G2 MESSAGE REMOTE 2 3 G2 MESSAGE SIGN STANDARD (MS-G2-S) 1 G2 MS ADAPTOR PLATE DOUBLE (AP-D) 1 G2 OMNISTROBE SPEAKER 1 G2 UPS (G2-UPS) 1 MS-MNT-ART-L 1 PUSH BUTTON (BLACK) 1 ROOM REMOTE 2 (RR-2) 1 SPEAKER WEATHER-PROOF 6 SPEAKER-METAL BOX Count Name 8 G2 PoE PORT REQUIRED Exhibit E DocuSign Envelope ID: 0B1B8D54-622C-49FA-B445-CE3286879E09 ' I I ' I I ' I I ' I ' I I ' I I JJ I ' I • --· ■---■-·-·-·----- US DIGITAL DESIGNS I POE PORI REQUIRED ON A TX • • • -•• I • ■ • • ■ • • DocuSign Envelope ID: 0B1 B8D54-622C-49FA-B445-CE3286879E09 ~ ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 7/1/2023 10/20/2022 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC CONTACT NAME: 777 S. Figueroa Street, 52nd Fl. PHONE I FAX IA/C No Extl: IA/C Nol: CA License #OF15767 E-MAIL Los Angeles CA 90017 ADDRESS: (213) 689-0065 INSURER/SI AFFORDING COVERAGE NAIC# INSURER A : Zurich American Insurance Company 16535 INSURED Bergelectric Corp. INSURER B : National Fire and Marine Insurance Co 20079 1433935 3182 LionsheadAve INSURER c : Indian Harbor Insurance Company 36940 Carlsbad CA 92010 INSURERD: INSURERE : INSURERF: COVERAGES BERELOl CERTIFICATE NUMBER: 18867705 REVISION NUMBER: xxxxxxx 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,.,.,n ••n,n POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY y y GLO 1848840-03 7/1/2022 7/1/2023 EACH OCCURRENCE s 2.000 000 D CLAIMS-MADE [i] OCCUR DAMAGE TO RENTED s 300 000 PREMISES (Ea occurrence) f--MED EXP (Any one person) s 10.000 PERSONAL & ADV INJURY f--s 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 4.000 000 Fl [x] PRO-D Loc PRODUCTS • COMP/OP AGG s 4,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY y y BAP 1848839-03 7/1/2022 7/1/2023 COMBINED SINGLE LIMIT S 2.000 000 IEa accident\ f-- X ANY AUTO BODILY INJURY (Per person) $ xxxxxxx f--OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ xxxxxxx f--AUTOS ONLY f--AUTOS HIRED NON-OWNED iP~?~~c~Je':igAMAGE $ xxxxxxx f--AUTOS ONLY f--AUTOS ONLY $ xxxxxxx B UMBRELLA LIAB ~ OCCUR y y 42-XSF-308092-04 7/1/2022 7/1/2023 EACH OCCURRENCE s 5.000 000 f-- X EXCESS LIAB CLAIMS-MADE AGGREGATE s 5.000 000 DED I I RETENTION $ $ xxxxxxx WORKERS COMPENSATION y I PER I I OTH-A WC 1843897-03 7/1/2022 7/1/2023 X STATUTE ER AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE Cm E.L. EACH ACCIDENT $ 1.000 000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE • EA EMPLOYEE $ 1.000 000 If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1.000 000 DESCRIPTION OF OPERATIONS below C Professional/Pollution y y CEO742 I 00603 7/1/2022 7/1/2023 Prof:$5M Each Claim/ Agg. Liability Poll:$4M Each Claim/Agg. DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. CERTIFICATE HOLDER(S) IS ADDITIONAL INSURED(S) AS PER THE ATTACHED ENDORSEMENT OR POLICY LANGUAGE. INSURANCE PROVIDED TO ADDITIONAL INSURED(S) IS PRIMARY AND NON-CONTRIBUTORY AS PER THE ATTACHED ENDORSEMENTS OR POLICY LANGUAGE. WAIVER OF SUBROGATION APPLIES AS PER THE ATTACHED ENDORSEMENTS OR POLICY LANGUAGE, WHERE ALLOWED BY LAW. WRAP UP EXCLUSIONS APPLY TO ALL PROJECTS INSURED IN ANY OCIP, CCIP OR SIMILAR INSURANCE PROGRAM. Excess follows form of WC, GL, & Auto policies, subject to all other terms or conditions in the policy or by endorsement. RE: All Projects. Additional Insureds: The City of Carlsbad/CMWD. CERTIFICATE HOLDER 18867705 City of Carlsbad/CMWD c/o EXIGIS Risk Management Services P.O. Box 947 Murrieta, CA 92564 CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Additional Insured - Automatic - Owners, Lessees Or Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No.Return Prem. GLO 1848840-03 7/1/2022 7/1/2023 7/1/2022 75428000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Bergelectric Corp. Address (including ZIP Code): 3182 Lionshead Ave Carlsbad CA 92010 Commercial General Liability Coverage Part A. Section II - Who Is An Insured 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1.Only applies to the extent permitted by law; and 2.Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or 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, field orders, change orders or drawings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against anyinsured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D493935 Master ID: 1433935, Certificate ID: 18867705 Add'I. Prem This endorsement modifies insurance provided under the: is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. 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: Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1175-F CW (04/13) Page 1 of2 C.The following is added to Paragraph 2.Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section Liability Conditions: The additional insured must see to it that: 1.We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2.We receive written notice of a claim or "suit" as soon as practicable; and 3.A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D.For the purposes of the coverage provided by this endorsement: 1.The following is added to the Other Insurance Condition of Section Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a.The additional insured is a Named Insured under such other insurance; and b.You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2.The following paragraph is added to Paragraph 4.b.of the Other Insurance Condition of Section Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and noncontributory basis. E.This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F.With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the written contract or written agreement referenced in Paragraph A.of this endorsement; or 2.Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D493935 Master ID: 1433935, Certificate ID: 18867705 IV -Commercial General Liability IV- Includes copyrighted material of Insurance Services Office, Inc., with its permission. IV -Commercial General Ill-Limits Of U-GL-1175-F CW (04/13) Page 2 of2 Policy No. Eff. Date of Pol. Exp Date of Pol. Producer No. Addl. Prem. Return Prem. GLO 1848840-03 7/1/2022 7/1/2023 75428000 INCL DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D493937 Master ID: 1433935, Certificate ID: 18867705 Waiver Of Subrogation (Blanket) Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-8 CW (12/01) Page 1 of 1 ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D493950 Master ID: 1433935, Certificate ID: 18867705 POLICY NUMBER: BAP 1848839-03 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modified insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Bergelectric Corp. Endorsement Effective Date: 7/1/2022 Name Of Person(s) Or Organization(s): SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II -Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA20481013 © Insurance Services Office, Inc., 2011 Page 1 of 1 ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D550549 Master ID: 1433935, Certificate ID: 18867705 POLICY NUMBER: BAP 1848839-03 - COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Bergelectric Corp. Endorsement Effective Date: 7/1/2022 Name{s) Of Person{s) Or Organization{s): SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 4410 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D493945 Master ID: 1433935, Certificate ID: 18867705 POLICY#: WC 1843897-03 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) 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 agreementfrom us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. WC 00 0313 (Ed. 4-84) 1983 National Council on Compensation Insurance. Limited Operations Coverage Work Excluded Under A Consolidated (Wrap-Up) Insurance Program THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Bergelectric Corp. Address (including ZIP Code): 3182 Lionshead Ave Carlsbad, CA 92010 Commercial General Liability Coverage Part DocuSign Envelope ID: 0B1 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D493940 Master ID: 1433935, Certificate ID: 18867705 ~ ZURICH Polic No. Ex . Date of Pol. Eff. Date of End. A enc No. Addi.Prem. Return Prem. GLO 1848840-03 7/1/2023 7/1/2022 This endorsement modifies insurance provided under the: SCHEDULE Description and Location of Operation(s): ANY LOCATION WHERE THE INSURED HAS, OR HAD, OPERA TIO NS INSURED BY A CONSOLIDATED (WRAP- UP) INSURANCE PROGRAM. THIS EXCLUSION DOES NOT APPLY TO ANY LOCATION(S) FOR WHICH COVERAGE APPLIES PER U-GL-1378 LIMITED COVERAGE FOR INSURED'S INTEREST IN WRAP-UP OR CONSOLIDATED INSURANCE PROGRAM. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. The following exclusion is added to paragraph 2., Exclusions of Coverage A-Bodily Injury and Property Damage Liability (Section I -Coverages): This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing opera- tions or operations included within the "products-completed operations hazard" at the location described in the SCHEDULE of this endorsement, as a consolidated (wrap-up) insurance program has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated (wrap-up) insurance program: 1. Provides coverage identical to that provided by this Coverage Part; 2. Has limits adequate to cover all claims; or U-GL-1294-A CW (10/06) Page I of2 DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D493940 Master ID: 1433935, Certificate ID: 18867705 3. Remains in effect. B. The exclusion in A. above shall not apply to your ongoing operations at the location shown in the SCHEDULE for your service, maintenance, correction, repair or replacement of the original work performed and insured under the consolidated wrap-up insurance program. However, this extension of coverage does not apply to damages because of "bodily injury" or "property dam- age" due to any service, maintenance, correction, repair or replacement work: 1. as respects the "products-completed operations hazard"; or 2. for which coverage is afforded under the consolidated (wrap-up) insurance program . . C. For the application of the coverage provided by this endorsement in paragraph B. above, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS paragraph 4 Other Insurance is replaced by the follow- ing: This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis. If any other insurance responds or can respond to this loss, we shall have the right but not the duty to defend any "suit". When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: 1. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2. The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that may apply and that was not bought spe- cifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Countersigned Authorized Representative U-GL-1294-A CW (10/06) Page2 of2 Named Insured:Bergelectric Corp. City of Carlsbad/CMWD c/o EXIGIS Risk Management Services P.O. Box 947 Murrieta,, CA 92564 To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to of Certificates of Insurance, thus this is your final hard-copy delivery. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 18867705 Email: LACertseDelivery@lockton.com Phone: (213) 334- 4669 If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox and phone number is for automating electronic delivery of certificates only. Please do NOT send future certificate requests to this inbox or contact the phone number below with email updates. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Companies Lockton Companies 777 South Figueroa Street Los Angeles, CA 90017 DocuSign Envelope ID: 0B1 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D568466 Master ID: 1433935, Certificate ID: 18867705 paperless delivery • • Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No.Return Prem. BAP 1848839-03 7/1/2022 7/1/2023 7/1/2022 75428000 INCL DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D497485 Master ID: 1433935, Certificate ID: 18867705 Coverage Extension Endorsement I Add'I. Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II -Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-424-F CW (04/14) Page 1 ofl DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D493942 Master ID: 1433935, Certificate ID: 18867705 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY U-WC-3071-A CA (02/18) ENDORSEMENT AGREEMENT LIMITING AND RESTRICTING THIS INSURANCE WRAP-UP INSURANCE PROGRAMS EXCLUSION The insurance under this policy is limited as follows: It is AGREED that, anything in this policy to the contrary notwithstanding, this policy DOES NOT INSURE: THIS POLICY DOES NOT INSURE WORK IN CONNECTION WITH ANY "WRAP UP INSURANCE PROGRAM". Any liability you may have for injury to any employee(s) engaged in work in connection with any "wrap-up insurance program" under which you participate ✓ Check box if policyholder has affirmed in writing that other coverage is secured or the entity is lawfully uninsured. □ Check box if liability is lawfully uninsured. As used in this endorsement, a "wrap up insurance program" means a consolidated insurance program under which one party procures insurance on behalf of parties performing work on a construction project or on a specific site. This policy may be deemed unlimited to the extent that any of the following requirements are not met: (1) the employer affirms in writing to the insurer that coverage for the excluded liability is secured and (2) the employer actually obtains coverage for the excluded liability. Nothing in this endorsement shall be held to vary, alter, waive or extend any of the terms, conditions, agreements, or limitations of this policy other than as above stated. Nothing elsewhere in this policy shall be held to vary, alter, waive or limit the terms, conditions, agreements, or limitations of this endorsement. It is further agreed that "remuneration" when used as a premium basis for such insurance as is afforded by this policy shall not include the remuneration of any person excluded from coverage in accordance with the foregoing. FAILURE TO SECURE THE PAYMENT OF FULL COMPENSATION BENEFITS FOR ALL EMPLOYEES AS REQUIRED BY LABOR CODE SECTION 3700 IS A VIOLATION OF LAW AND MAY SUBJECT THE EMPLOYER TO THE IMPOSITION OF A WORK STOP ORDER, LARGE FINES AND OTHER SUBSTANTIAL PENAL TIES (Labor Code Section 3710.1, et seq.). This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 7/1/2022 Insured: Bergelectric Corp. U-WC-3071-A CA (02/18) Policy No: WC 1843897-03 Insurance Company: Zurich American Insurance Company Endorsement No Page 1 of 1 DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D566111 Master ID: 1433935, Certificate ID: 18867705 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 02 {Ed. 4-84) DESIGNATED WORKPLACES EXCLUSION ENDORSEMENT The policy does not cover work conducted at or from ALL WRAP-UP INSURANCE PROGRAMS UNDER WHICH THE INSURED IS COVERED. THIS EXCLUSION DOES NOT APPLY TO ANY WORKPLACE IN CALIFORNIA OR WISCONSIN. Endorsement Eff Date: 7/1/2022 Policy No: WC 1843897-03 Endorsement No: Premium$ Blanket Notification to Others of Cancellation or Non-Renewal DocuSign Envelope ID: 0B1 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D509070 Master ID: 1433935, Certificate ID: 18867705 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 1848840-03 I Effective Date: 7/1/2022 This endorsement applies to insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph B.1. or Paragraph B.2. above. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-GL-1521-B CW (01/19) Page 1 of 2 DocuSign Envelope ID: 0B1 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D509070 Master ID: 1433935, Certificate ID: 18867705 D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. SCHEDULE The total number of days for mailing or delivering with respect to Paragraph B.1. of this endorsement is amended to indicate the following number of days: The total number of days for mailing or delivering with respect to Paragraph B.2. of this endorsement is amended to indicate the following number of days: * If a number is not shown here, 10 days continues to apply. ** If a number is not shown here, 30 days continues to apply. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 30 10 U-GL-1521-B CW (01/19) Page 2 of 2 Blanket Notification to Others of Cancellation or Non-Renewal DocuSign Envelope ID: 0B1 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D550550 Master ID: 1433935, Certificate ID: 18867705 Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. BAP 1848839-03 7/1/2022 7/1/2023 7/1/2022 75428000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. Includes copyrighted material of Insurance Services Office, Inc., with its permission. U-CA-832-A CW (01/13) Page 1 of 1 DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D493946 Master ID: 1433935, Certificate ID: 18867705 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990643 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 7/1/2022 Insured Bergelectric Corp. Insurance Company Zurich American Insurance Company WC990643 Policy No. WC 1843897-03 Endorsement No. Premium$ (Ed. 01-13) Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. © 2012 Copyright National Council on Compensation Insurance, Inc. All Rights Reserved. Page 1 of 1 DocuSign Envelope ID: 0B1 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D572347 Master ID: 1433935, Certificate ID: 18867705 ENDORSEMENT# This endorsement, effective 12:01 a.m., 7/1/2022, forms a part of Policy No. CEO? 42100603 issued to Bergelectric Corp. by Indian Harbor Insurance Company . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MANUSCRIPT ENDORSEMENT-CANCELLATION NOTIFICATION TO OTHERS This endorsement modifies insurance provided under the following: PA/CE Plus: Professional Activities/Complete Execution+ Pollution (Occurrence) PROFESSIONAL & POLLUTION LIABILITY FOR CONSTRUCTION CONTRACTORS AND CONSTRUCTION SUPPORT SERVICES PROVIDERS In consideration of the premium charged, it is hereby understood and agreed that in the event coverage is cancelled for any statutorily permitted reason, other than non-payment of premium, advance written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Name of Person(s) or Entity(ies) Mailing Address Number of Days Advanced Notice of Cancellation All entities as required per schedule Per requirement (no less than 30 on file with broker to be provided at days) time of cancellation. Any failure of the Company to so notify the person(s) or entity(ies) listed above will in no way serve as, or be deemed, a violation or breach of the Company's duties or obligations under this Policy or otherwise. All other terms, conditions and exclusions of this policy remain unchanged. KLD 400 1214 © 2014 X.L. America, Inc. Page 1 of 1 All Rights Reserved. May not be copied without permission. This endorsement, effective 12:01 a.m., 7/1/2022, forms a part of Policy No. CEO742100603 issued to BERGELECTRIC CORPORATION by Indian Harbor Insurance Company. DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D494784 Master ID: 1433935, Certificate ID: 18867705 ENDORSEMENT# 003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MANUSCRIPT ENDORSEMENT -BROAD FORM NAMED INSURED This endorsement modifies insurance provided under the following: PA/CE Plus: Professional Activities/Complete Execution + Pollution (Occurrence) PROFESSIONAL & POLLUTION LIABILITY FOR CONSTRUCTION CONTRACTORS AND CONSTRUCTION SUPPORT SERVICES PROVIDERS In consideration of the premium charged, it is hereby understood and agreed that Definition K. Insured of SECTION 2: DEFINITIONS, is deleted in its entirety and replaced with the following: Insured K. KLD 400 1214 means each of the following: 1. The Named Insured; 2. The Named Insured including any and all affiliates, divisions, subsidiary corporations, or subsidiary limited liability companies thereof, of any tier, in the past, as now or hereafter constituted; and any other legal entity in which you have fifty (50) percent or more ownership or over which you exercise management or financial control or have contractually agreed to provide insurance for such entities. It is further agreed, all partnerships or joint ventures, including all tiers of ownership of said partnerships or joint ventures, in which the Named Insured or any other Named Insured entity, of any tier, in the past, as now or hereafter constituted has more than fifty percent ownership, shall be included as Named Insured, but this policy shall apply as excess of any other valid and collectible insurance available to the partnership or joint venture. 3. Your current or former directors, partners, principals, members, executive officers, stockholders, or trustees, but solely within the course and scope of their duties as such; 4. Your current or former employees including leased personnel under your supervision, but solely within the course and scope of their employment or lease agreement; 5. Your heirs, executors, administrators, assigns or legal representatives in the event of death, incapacity or bankruptcy, but only with respect to the liability of the Named Insured otherwise insured herein; 6. Any Predecessor in Interest; 7. Any entity that is newly formed or acquired by you during the Policy Period where you have greater than fifty percent (50%) ownership, control, or beneficial interest, provided however that: (a) coverage shall be provided only for Professional Loss arising out of Professional Activities and Duties and/or Pollution Loss arising from Contracting Activity performed on or after the date of formation or acquisition, subject to the Retroactive Date; and (b) this coverage shall expire at the end of the Policy Period or within ninety © 2014 X.L. America, Inc. Page 1 of 2 All Rights Reserved. May not be copied without permission. DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D494784 Master ID: 1433935, Certificate ID: 18867705 (90) days of such formation or acquisition of the entity, whichever is earlier, unless you submit written notice to us providing detailed information concerning the newly formed or acquired entity, confirmed by us by endorsement, and provided that you pay any applicable additional premium requested by us; 8. Any Insured with regard to its participation in a legal entity including a limited liability company or joint venture, but only to the extent of the lnsured's legal liability for its rendering of Professional Activities and Duties and/or Contracting Activities under the respective legal entity or joint venture; 9. With regard to SECTION 1: WHAT WE COVER D.1., D.2, D.3., the Client and all persons or organizations, other than a Client, as required by a written contract executed by the Named Insured, but only: (a) if you are required to include them as an additional Insured in a written contract in effect during the Policy Period and signed by you prior to the first commencement of the Pollution Condition; and (b) the liability of the Client and all persons or organizations that results from the performance of your Contracting Activity provided that such written contract is signed by the Named Insured prior to the commencement of the Pollution Condition. All other terms, conditions and exclusions of this policy remain unchanged. KLD 400 1214 © 2014 X.L. America, Inc. Page 2 of2 All Rights Reserved. May not be copied without permission. DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D494785 Master ID: 1433935, Certificate ID: 18867705 ENDORSEMENT #01aJ This endorsement, effective 12:01 a.m., July 1, 2022, forms a part of Policy No. CEO742100603 issued to BERGELECTRIC CORPORATION by Indian Harbor Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MANUSCRIPT ENDORSEMENT -AMENDMENT TO CONDITIONS SECTION 0 This endorsement modifies insurance provided under the following: PA/CE Plus: Professional Activities/Complete Execution+ Pollution (Occurrence) PROFESSIONAL & POLLUTION LIABILITY FOR CONSTRUCTION CONTRACTORS AND CONSTRUCTION SUPPORT SERVICES PROVIDERS In consideration of the premium charged, it is hereby understood and agreed that Condition 0. Subrogation of SECTION 7: CONDITIONS are deleted in their entirety and replaced with the following: Subrogation 0. In the event of any payment under this policy, we will be subrogated to all of the lnsured's rights of recovery against any person or organization and the Insured will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured will do nothing at any time to prejudice our subrogation rights. However, we waive our right(s) of recovery against any person or organization included in the definition of an Insured or against the lnsured's clients or their designees (except for your Design Professional, subcontractors and subconsultants at any tier), if prior to a Professional Liability Claim, a waiver of subrogation was so required and accepted under a specific contractual undertaking by the Insured. Under Section 1: What We Cover: D. Pollution Loss Coverage, we waive our right(s) of recovery against any person or organization included in the definition of an Insured or against the lnsured's clients or their designees (except your subcontractors or subconsultants at any tier) if prior to the Pollution Claim, a waiver of subrogation was required and accepted under a specific contractual All other terms, conditions and exclusions of this policy remain unchanged. KLD 400 1214 © 2014 X.L. America, Inc. Page 1 of 1 All Rights Reserved. May not be copied without permission. THIS POLICY MAY CONTAIN OCCURRENCE, CLAIMS MADE, OR CLAIMS MADE AND REPORTED COVERAGES. VARIOUS PROVISIONS IN THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES AND WHAT IS AND IS NOT COVERED. The words "we", "us" and "our" refer to the company providing this insurance. Words that appear in quotations in this policy have special meaning (see Section V - DEFINITIONS below). SECTION I - COVERAGES legally obligated to pay as damages because of injury or damage to which this insurance applies. Except as otherwise provided herein or endorsed to this policy, the insurance in this policy will follow the IV.4.below). The amount we pay is limited as described in Section III - LIMITS OF INSURANCE below. If any insurance provided by this policy would be in violation of any United States of America economic or trade sanctions, including, but not limited to, sanctions administered and enforced by the United States Treasury Department's Office of Foreign Assets Control ("OFAC"), then that insurance shall be null and void. SECTION II - RETENTION insured under this policy or otherwise assumed by us. respect to any occurrences, claims, losses, damages or suits that are not insured under this policy. 1. The amount stated as the aggregate limit of insurance in Item 3.B.and, if applicable, 3.C., of the Declarations Page of this policy is the most we will pay for all damages insured under this policy. 2. Subject to 1.above, the limit stated in Item 3.A.of the Declarations Page of this policy is the most we will pay for all damages arising out of any one loss, occurrence, claim or event. 3. DocuSign Envelope ID: 0B1 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D577124 Master ID: 1433935, Certificate ID: 18867705 Berkshire Hathaway Specialty Insurance POLICY NUMBER: 42-XSF-308092-04 Follow Form Excess Liability Policy Throughout this policy the words "you" and "your" refer to the "named insured" shown in the Declarations and any other person or organization qualifying as a "named insured" under this policy. We will pay on behalf of the "insured" those sums in excess of the "retained limit" that the "insured" becomes coverages, terms, representations, warranties, definitions, exclusions, conditions and limitations of the "followed policy" as of inception of this policy (subject to Section If any "underlying policy" includes any more restrictive coverage, terms, definitions, exclusions, conditions, or limitations, then this policy will follow the more restrictive provisions of any "underlying policy". Our obligations in this policy shall only attach after the "retained limit" has in fact been exhausted by payment, in legal currency, of damages by or on behalf of the "underlying insurers". The risk of uncollectability with respect to any "underlying policy" or "underlying insurers" for any reason is expressly retained by the "insured", and is not This policy will not recognize the reduction or exhaustion of the "retained limit" due to payments of amounts with If any "underlying policy" grants coverage subject to a sublimit of liability, this policy shall not afford such coverage, however this policy shall recognize any reduction or exhaustion of the "retained limit" by payments with respect to such coverage pursuant to that "underlying policy". SECTION Ill -LIMITS OF INSURANCE Defense costs and expenses shall operate in an identical manner to the "followed policy". Page 1 I FFP-XS-001-10/2014 SECTION IV - CONDITIONS 1. Headings The words used in the headings of this policy are solely for convenience, and form no part of the terms and conditions of the insurance provided by this policy. 2. Assistance and Cooperation a. claim, suit or proceeding relative to an occurrence where a loss appears reasonably likely to involve us, in proceeding. b. Notwithstanding the foregoing, we will have the right and duty to defend any claim made or suit brought or . a.We agree that we will follow: i) All changes made to the coverages, terms, representations, warranties, definitions, exclusions, already provided; and ii) b. date of this policy will not be binding on us unless we agree to them in writing: i) Any change that is subject to an additional premium charge; or ii) The inclusion of an additional coverage extension endorsement; or iii) Any other changes that broaden the scope of insurance already provided, except to the extent stated in 3.a.ii)above. 4. Maintenance of Underlying Insurance You agree and represent that during the policy period: a. b. limits of insurance equal to or greater than, the policy being renewed or replaced. If you fail to comply with these requirements, we will be liable only to the same extent that we would have been liable had you fully complied with these requirements, and the insurance in this policy will only apply as if 5. Required Notices to Us by the Insured As soon as practical, you shall give written notice to us of any: a. Occurrence, offense, claim or suit likely to involve this policy; and b. DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D577124 Master ID: 1433935, Certificate ID: 18867705 We shall have the same rights, privileges and protections afforded in the "followed policy". We shall also have the right, but not the obligation, to associate with the "insured" in the defense and settlement of any which event the "insured" shall co-operate with us in respect to the defense of such claim, suit or proceeding instituted against an "insured" to which this policy applies if the applicable limits of "underlying policies" have been exhausted in accordance with Section I -COVERAGE 3. Changes to "Followed Policy" conditions and limitations of the "followed policy" that do not broaden the scope of the insurance All additional "insured" and/or additional "named insured" changes subsequently endorsed on the "followed policy" that are not subject to an additional premium charge with respect to the "followed policy". Notwithstanding the foregoing, the following changes to the "followed policy" made after the inception You will keep the "underlying policies" in full force and effect; and Any renewals or replacements of the "underlying policies" will provide equivalent insurance to, and afford such insurance and limits of insurance of the "underlying policies" were in place. Change, cancellation or non-renewal of the "followed policy". Page 21 FFP-XS-001-10/2014 6. Unimpaired Underlying Limits of Insurance You warrant that the total limits as listed in the Schedule of Underlying Insurance shall be unimpaired as of the effective date of this policy. In the event such limits are impaired as of the effective date of this policy, this policy shall apply as if such limits of insurance were unimpaired. In the event of non-concurrent policy periods policy period of this policy shall be considered in determining the extent of any reduction or exhaustion of the underlying aggregate limits of insurance, and the insured shall retain liability for any resulting gap in insurance. 7. Singular and Plural Form of a Word If the singular or plural form of a word is used in this policy, such word shall also include the other form as required in the context of the sentence using such word, as appropriate, including the words contained in Section V- DEFINITIONS 8. Service of Suit It is agreed that in the event of our failure to pay any amount claimed to be due hereunder, we, at the request of the Insured, will submit to jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or any state in the United States. It is further agreed that service of process may be made upon us as provided in the Declarations with respect to Service of Suit, and that in any suit instituted against us, upon this policy, we will abide by the final decision of such court or of an appellate court in the event of an appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, we hereby designate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office as our true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the Counsel listed in the Declarations with respect to Service of Suit as the person to whom the said officer is authorized to mail such process or a true copy thereof. SECTION V - DEFINITIONS The following Definitions apply to this policy: 1.4.of the Declarations Page of this policy. 2. 3.1.of the Declarations Page of this policy. 4. 5. policy. 6. policy and any other applicable underlying insurance, including any self-insured retentions. DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D577124 Master ID: 1433935, Certificate ID: 18867705 between this policy and any "underlying policies", only occurrences or claims that would be covered during the below (for example: "underlying policy" and "underlying policies"). "Followed policy" means the policy listed in Item "Insured" means any person or organization that is an insured pursuant to the "followed policy". "Named insured" means the person or entity listed in Item "Retained limit" means the total applicable limits of all "underlying policies". "Underlying insurer" means any of the insurers that are listed in the schedule of underlying insurance of this "Underlying policy" means each policy listed in the Schedule of Underlying Insurance forming a part of this Page 3 I FFP-XS-001-10/2014 DocuSign Envelope ID: 081 B8D54-622C-49FA-B445-CE3286879E09 Attachment Code: D612656 Master ID: 1433935, Certificate ID: 18867705 Policy Number: CEO742100603 KLD0510113 Other Insurance L. Where other valid and collectible insurance is available to the Insured, in addition to Design Professional's Insurance, our obligations to the Insured are as follows: 1. This insurance is excess over any other valid and collectible insurance, whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise. 2. This insurance is excess over any other valid and collectible insurance available to the Insured under a project specific insurance policy, contractor-controlled insurance program, owner- controlled insurance program, consolidated (wrap-up) insurance program or any other similar insurance or program, whether such other insurance or program is stated to be primary, contributory, excess, contingent or otherwise. 3. This insurance is excess over any other valid and collectible Design Professional's Insurance whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise. 4. Under Section 1: What We Cover: D. Pollution Loss Coverage only, when the Named Insured is required by contract, agreement, or permit to include any person or entity as an additional insured, such coverage shall be provided on a primary and non-contributory basis. © 2013 X.L. America, Inc. All Rights Reserved. May not be copied without permission.