HomeMy WebLinkAbout2023 CON Bergelectric Corp. - Electrical Installation of Phoenix G2 Fire Station Alerting SystemAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
BERGELECTRIC CORP.
THIS AGREEMENT is entered into on this 20th day of June, 2023 by and between the
CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and BERGELECTRIC
CORP., a corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide electrical (low -
voltage) installation of the station -level components of the Phoenix G2 Fire Station Alerting
System.
WHEREAS, the CITY has determined that the CONSULTANT is a electrical (low -
voltage) installation contractor trained and certified by USDD and is qualified by experience and
ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform
such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT __ OF CONSULTANT. The CITY agrees to engage the
CONSULTANT to install the Phoenix G2 Fire Station Alerting System in its fire stations, and the
CONSULTANT agrees to perform the services set forth here in accordance with all terms and
conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by the
CONSULTANT or under direct supervision of the CONSULTANT.
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will
become effective on June 20, 2023. The duration of this Agreement is for the period of one year
through June 19, 2024. Completion dates or time durations for specific portions of the project are
set forth in I}tit "A". This Agreement m.y be extended by mutual agreement upon the same
terms and conditions for an additional one I year term. The Parties may exercise up to three one-
year extensions. Any extension ofthis Agreement must be approved in writing by the City Council.
3. SCOPE OF SERVICES. •The CONSULTANT will perform services as set forth
in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews related to the
work and shall not rely on personnel of the CITY for such services, except as authorized in advance
by the CITY, The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff
and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
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this Agreement. Upon doing so, the CITY and the CONSULTANT SULTANT agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services.
4. PROJECT COORDINATION AND SUPERVISION. Battalion Chief Brian
Krepps hereby is designated as the Project Coordinator for the CITY and will monitor the progress
and execution of this Agreement. The CONSULTANT shall assign a single Project Director to
provide supervision and have overall responsibility for the progress and execution of this
Agreement for the CONSULTANT. Danny Barba thereby is designated as the Project
Director for the CONSULTANT.
5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall
include labor classifications, respective rates, hours worked and also materials, if any. The total
cost for all work described in Exhibit "A" shall not exceed $86,150.00. Monthly invoices will be
processed for payment and remitted within thirty days from receipt of invoice, provided that
work is accomplished consistent with Exhibit "A", as determined by the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation ayale to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten(10)
business days, the CONSULTANT and the CITY shall each prepare a report which supports their
position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda,
Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the
CONSULTANT SULTAI T for this project, whether paper or electronic, shall: 1 be free from defects;(2)
become the property of the CITY for use with respect to this project; and 3 shall be turned over
to the CITY upon completion of the project, or any phase thereof, as contemplated y this
Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims ally copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY'S prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall,
upon request of the CITY, execute any further document(s) necessary to further effectuate this
waiver and disclaimer.
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The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify,
assign, transfer, or in_ any other way, medium, or method utilize the CONSULTANT'S written
work product for the CITY' S purposes, and the CONSULTANT expressly waives and disclaims
any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual
property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14,
but only with respect to the effect of the modification or reuse by the CITY, or for any liability to
the CITY should the documents be used by the CITY for some project other than what was
expressly agreed upon within the Scope of Services of this project, unless otherwise mutually
agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT T nor the CONSULTANT'S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement
to the CITY for entering into this Agreement was, and is, the professional reputation and
competence of the CONSULTANT and its employees, Neither this Agreement, nor any interest
herein, may be assigned by the CONSULTANT without the prior written consent of the CITY.
Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as
many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONSULTANT with its
SUBC NSULTANT S shall require the S C TSULTAI T S to adhere to the applicable
terms of this Agreement.
9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have
any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees,
except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY. The
CONSULTANT and its agents, servants, and employees are wholly independent from the CITY
and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable state and federal
statutes and regulations, and all applicable ordinances, rules, and regulations of the City of
National City, whether now in force or subsequently enacted. The CONSULTANT and each of its
S BC I S LTANT S , shall obtain and maintain a current City of National City business license
prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS ETC. The CONSULTANT T represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. CONSULTANT must promptly produce a copy of any such
license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants
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that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
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12. STANDARD OF CARE,
A. The CONSULTANT, in performing any services under this Agreement,
shall perform in amanner consistent with that level of care and skill ordinarily exercised by
members of the CONSULTANT'S trade or profession currently practicing under similar
conditions and in similar locations. The CONSULTANT SULTAI T shall take all special precautions
necessary to protect the CONSULTANT'S employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONSULTANT SULTANT warrants to the CITY that it is not now, nor has it for the five years preceding,
been debarred by a governmental agency or involved in debarment, arbitration or litigation
proceedings concerning the CONSULTANT'S professional performance or the furnishing of
materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when
no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT SULTANT warrants that all products,
materials, processes or treatments identified in the project documents prepared for the CITY are
reasonably commercially available. Any failure by the CONSULTANT T to use due diligence under
this sub -section will render the CONSULTANT liable to the CITY for any increased costs that
result from the CITY'S later inability to obtain the specified items or any reasonable substitute
within a price range that allows for project completion in the time frame specified or, when not
specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS, The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital
status, national origin, physical handicap, or medical condition. Such action shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places
available to employees and applicants for employment any notices provided by the CITY setting
forth the provisions of this non --discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
SULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such
information, even within its own organization, to the extent necessary to perform the services to
be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any
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part of the information that (i) has been disclosed in publicly available sources of information; (ii)
is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONSULTANT without any obligation of
confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a
third party, but only to the extent that the use or disclosure thereof has been or is rightfully
authorized by that third party
The CONSULTANT shall not disclose any reports, recommendations, conclusions
or other results of the services or the existence of the subject matter of this Agreement without the
prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply
with all legal obligations it may now or hereafter have respecting the information or other property
of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 15.
15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent
provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of
National City, its officers, officials, agents, employees, and volunteers against and from any and
all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims,
demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or
nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONSULTANT'S performance or other obligations under this Agreement;
provided, however, that this indemnification and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful misconduct of the CITY, its agents,
officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action,
and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, or negligence
under this Agreement that occurred during the term of this Agreement.
16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.
16.1 PERS Eligibility Indemnification. If C TTRACT R's employee(s) providing
services under this Agreement claims, or is determined by a court of competent jurisdiction or the
California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS
of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment
of any employer and employee contributions for PERS benefits on behalf of the employee as well
as for payment of any penalties and interest on such contributions which would otherwise be the
responsibility of the CITY.
CONTRACTOR'S employees providing service under this Agreement shall not:
(1) qualify for any compensation and benefit under PERS; 2 be entitled to any benefits under
PERS; enroll in PERS as an employee of CITY; receive any employer contributions paid
by CITY for PERS benefits; or be entitled to any other PERS-related benefit that would accrue
to a CITY employee. CONTRACTOR' s employees hereby waive any claims to benefits or
compensation described in this Section 16. This Section 16 applies to CONTRACTOR
notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the
contrary.
16.2 Limitation of CITY Liability. The payment made to CONTRACTOR under this
Agreement shall be the full and complete compensation to which CONTRACTOR and
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CONTRACTOR's officers, employees, agents, and subcontractors are entitled for performance of
any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR's officers,
employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health,
leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal
or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any
workers' compensation insurance on behalf of CONTRACTOR.
16.3 IndIndemnification CONTRACTOR agrees to defend and
indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution
including any contribution to PERS, social security, salary or wages, overtime payment, or
workers' compensation payment which the CITY may be required to make on behalf of(1)
CONTRACTOR, 2 any employee of CONTRACTOR, or 3 any employee of CONTRACTOR
construed to be an employee of the CITY, for work performed under this Agreement. This is a
continuing obligation that survives the termination of this Agreement.
17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of
the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California,
the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments
thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold
harmless the CITY and its officers, employees, and volunteers from and against all claims,
demands, payments, suits, actions, proceedings, and judgments of every nature and description,
including reasonable attorney's fees and defense costs presented, brought or recovered against the
CITY or its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the CONSULTANT under
this Agreement.
18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase
and maintain, and shall require its SU C NS TAI T S , when applicable, to purchase and
maintain throughout the term of this Agreement, the following insurance policies:
A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and
volunteers as additional insureds, and a separate additional insured endorsement shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with. a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy shall
name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a
separate additional insured endorsement shall be provided. The general aggregate limit must apply
solely to this "project" or "location". The "project" or "location" should be noted with specificity
on an endorsement that shall be incorporated into the policy.
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
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with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONSULTANT T has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CITY,
E. The aforesaid policies shall constitute primary insurance as to the CITY, its
officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty 3 days prior
written notice to the CITY's Risk Manager, at the address listed in subsection U below, of
cancellation or material change.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this Section
shall be:
City of National City
co Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Insurance shall be written with only insurers authorized to conduct business
in California that hold a current policy holder's alphabetic and financial size category rating of not
less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial
stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -
admitted "surplus lines" carriers, they must be included on the most recent List of Approved
Surplus Line Insurers "LASLI" and otherwise meet rating requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by the
CITY' S Risk Manager. If the CONSULTANT does not keep all insurance policies required by
this Section 18 in full force and effect at all times during the term of this Agreement, the CITY
may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
All deductibles and self -insured retentions in excess of $25,000 must be
disclosed to and approved by the CITY. CITY reserves the right to modify the insurance
requirements of this Section 18, including limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
K. If the CONSULTANT T maintains broader coverage or higher limits (or both)
than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher
limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the CITY.
19. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then in
that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court
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settlement, shall be entitled to have and recover of and from the other party all costs and expenses
of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated
that attorney's fees incurred in the prosecution or defense of the action or suit shall not be
considered in determining the amount of the judgment or award. Attorney's fees to the prevailing
party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred
by the CITY in its prosecution or defense of the action, irrespective of the actual amount of
attorney' s fees incurred by the prevailing party.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for cause
in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in
connection with the formation of this Agreement or the performance of services, or the failure to
perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT T shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages
caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written
material shall vest in the CITY all rights set forth in Section 7.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: 1 the filing of a petition in bankruptcy affecting the CONSULTANT; a
reorganization of the CONSULTANT for the benefit of creditors; or a business reorganization,
change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of i if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, iii if mailed
by registered, certified or ordinary mail, five 5 days (ten (10) days if the address is outside the
State of California) after the date of deposit in a post office, mailbox, mail chute, or other like
facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable,
when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy,
facsimile or fax, when sent. Any notice, request, demand, direction or other communication
delivered or sent as specified above shall be directed to the following persons:
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To CITY: Sergio Mora
Fire Chief
National City Fire Department
City of National City
1243 National City Boulevard
National City, CA91950-4397
To CONSULTANT:
Danny Barba
Assistant Project Manager
Bergelectric Corp.
3182 Lion head Ave
Carlsbad CA 9201
Notice of change of address shall be given by written notice in the manner specified
in this Section, Rejection or other refusal to accept or the inability to deliver because of changed
address of which no notice was given shall be deemed to constitute receipt of the notice, demand,
request or communication sent. Any notice, request, demand, direction or other communication
sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight hours by
letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT T also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT SULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at
all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official
position to influence in any way any matter coming before the CITY in which the CONSULTANT
has a. financial interest as defined in Government Code Section 87103. The CONSULTANT
represents that it has no knowledge of any financial interests that would require it to disqualify
itself from any matter on which it might perform services for the CITY.
If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk,
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT.
T.
23. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works contracts
as set forth in California. Labor Code, including but not limited to, Sections 1720, 1720.2, 172 . ,
1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply
and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations.
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24. ADMINISTRATIVE IRPROVISIONS.
A. Computation qf Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not as part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to ThirdParties. es. c ept as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon,
or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules,
or provisions thereof conflict or are inconsistent with the terms and conditions contained in this
Agreement, the terms and conditions of this Agreement shall control.
F. Amendment o this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Assignment & Assumption ofRights. CONSULTANT shall not assign this
Agreement, in whole or in part, to any other party without first obtaining the written consent of
CITY.
Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
Applicable w. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. The venue for any legal action arising under
this Agreement shall be in either state or federal court in the County of San Diego, State of
California,
J. Audit. If this Agreement exceeds ten -thousand dollars 1 , , the parties
shall be subject to the examination and audit of the State Auditor for a period of three 3 years
after final payment under the Agreement, per Government Code Section 8546.7.
K. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise made
by either party hereto, or by or to an employee, officer, agent or representative of any party hereto
shall be of any effect unless it is in writing and executed by the party to be bound thereby.
L. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
M. Subcontractors or Subconsultants, The CITY is engaging the services of the
CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any
portion of the work, unless such subcontracting was part of the original proposal or is allowed by
the CITY in writing. In the event any portion of the work under this Agreement is subcontracted,
the subeonsultant s shall be required to comply with and agree to, for the benefit of and in favor
Standard Agreement Page 10 of 11
Revised February 2023 Berge1e trio Corp,
City of National City and
D
V
of the CITY, both the insurance provisions ill : )ecti n 18 and the indemnification and hold harmless
provision of Section 15 of this Agreement.
N. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the -a tin ., preparation and
negotiation of this Agreement, nt, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Ageement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter intothis Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against nst the drafting
party shall not apply in the interpretation of this Agreement, or any portions hereof, or any
amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreementon the date
and year first above written.
CITY OF NATIONAL CITY
n Morrison, Mayor
APPROVED AS TO FORM:
By:
Barry J. �..1
City Attorney
BERGELECTR1C CORP.
(Corporation slim/urea of two colporate o ffieer°s required)
(Partnership or Sole proprietorship ietorship — one signature)
By:
Standard Agreement Page 11 of 11
Revised February 2023 Bergeleetrio Corp.
(Nani e)
Steve i arks
(Print)
Chief Strategy Officer
(Title)
(Name)
Edward Billig
(Prin t)
Chief Executive Officer
(Title)
CiLy of National City. and
DM
A CCPR CERTIFICATE
OF
LIABiLITYINSURANCE
DATE �#VIfI���Y-Yll'Y�
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
HOLDER. THIS
THE POLICIES
AUTHORIZED
IMPORTANT: RTAI T: If the certificate holder is an ADDITIONAL INSURED, ED, the poll y f les) must have ADDITIONAL INSURED provisions or be ndor ed., 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 end r el ent( )
PRODUCER Lockton Insurance Brokers, LLC
777 S. Figueroa Street, 52nd FL
A License # F 1 7 7
Los Angeles CA 90017
213 689-0065
CONTACT
NAME::
PHONE IE t .
FAX
(AICt Nod:
EMAIL
ADDRESS:
_ ... INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : Zurich
American Insurance Company
- ---
'..
16535
INSURED
1433935
B r eleetlr'ie
3.182
Carlsbad
Lionshead
or
Ave
CA 92010
INSURERB : N ti al
Fire and
Marine
Insurance Co20-079
INSURER e : Indian
Harbor
Insurance Company
36940
INSURER D 1
INSURER E
INSURER F
E►,L 1
CERTIFICATE NUMBER: 19604940
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES F 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 LL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTI
TYPE OFINSURANCE E� .
ADDL
i IP
SUER
WVD
POLICY NUMBERMM/DD/YYYY
POLICY EFF
POLICY EXP
MM/DD/YYYY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
Y
Y
GLO 1 4 40 4
7/1/2023
7/1/2024
EACH OCCURRENCE
2,000,000
--
CLAIMS -MADE
X
OCCUR
DAMAGE TO RENTED
PREMISES Ea occurrence)
$ 300,000
MIMED EXP (Any one person)
101000
PERSONAL AL & ADV INJURY
$ 2,000,000
GE
L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 4,000,000
POLICY
X
JEST
LOC
PRODUCTS - COMP/OP AGO
$ 4,
0 , 000
OTHER:
111111111111
$
AUTOMOBILE AOBIL,E; LIABILITY
Y
y
BAP 1 4 -04
COMBINED STI LE LIMIT
Ea accident
2,000,000
ANY AUTO
BODILY INJURY (Per person)
XXXXXXX
OWNED
ONLY
SCHEDULED
AUTOS
BODILY INJURY(Per accident)
---
����AUTO
-
HIRED
AUTOS ONLY
NON -OWNED
AUTOS ONLY
PROPERTY DAMAGE
(Per accident)
$ XXX=
UMBRELLA LIAB
X
OCCUR
Y
Y
4 -X Pµ 0 -O
7/ 1 / 0
7/1/2024
EACH OCCURRENCE
,000,000
X
EXCESS LIAB
CLAIMS -MADE
AGGREGATE
$ 5 t000,000
DED
RETENT ON $
xxxxxxx
A
�..r,_
WORKERS ErE S COMPENSATIONY
AND EMPLOYERS' S' LIABILITY YIN
N / A
WC 1843897-04
7/1/2023
7/1/2024
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
1, 00 000
ANY PROPRIETOR/PARTNER/EXECUTIVEN-
OFFI ERIMEMBER EXCLUDED?
E.G.. DISEASE - EA EMPLOYEE
---
1 000, 000
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 1 000,000
C
Professional/Pollution
Liability
Y
CE0742100603
7/1/2023
711 f 0 4
Prof: 5M Each lain Agg,
Poll: $4M Each laimnAgg.
DESCRIPTION OF OPERATIONS I LOCATIONS ! VEHICLES iA ORD 101, Additional Remarks Schedule, may be attached If more space Is required)
CERTIFICATE HOLDER(S) IS ADDITIONAL INSURED(S) AS PER TIIE ATTACHED E ENDORSEMENT OR POLICY LANGUAGE. INSURANCE PROVIDED TO ADDITIONAL AL INSURED(S)
IS PRIMARY AND NON-CONTRIBUTORY AS PER THE ATTACHED ENDORSEMENTS OR POLICY LANGUAGE. WAIVER OF BROGATIO APPLIES AS PER THE ATTACHED
ENDORSEMENTS OR POLICY LANGUAGE, WHEI E ALLOWED .B 'LAW. WRAP UP EXCLUSIONS APPLY TO ALL PROJECTS INSURED IN ANY OCIP, CCIP OR SIMILAR
INSURANCE PROGRAM. 'Excess follows Conn of WC, Cris, & Auto policies, subject to all other terms or conditions in the policy or by endorsement,
RE: Berg :128378. Project: Phoenix. G2 Fire Station Alerting System. Additional Insureds: City of National City and its officers, agents, employees, and volunteers.
CERTIFICATE HOLDER
CANCELLATION See Attachments
19604940
City of National City
co Risk Manager
1243 National City Boulevard
National City CA 91950-4397
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PRIIN,
AUTHORIZED REPEL
r k
1 8 - 01 ' A QD CORPORATION. All rights reserved.
ACORD 25 ( 1 103) The ACORD name and logo are registered marks of ACORD
Attachment Code: D568466 Master ID: 1433935, Certificate ID: 19604940
Named d lrtsured:Ber el e tric Corp.
City of National City
co Risk Manager
1243 National City Boulevard
National City, CA91950-4397
To whom it may concern:
In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning
to papetiess deliveryof 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 19604940
• 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 ofcertificates 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
Attachment Code: D493935 Master ID: 1433935, rti i t ID: 19604940
Additional Insured — Automatic — Owners, Lessees Or
Contractors
ZURICH
Policy No,
Eff Date of Pol.
Exp. Date of Pol.
Eff. Date of End.
Producer No. dd'l. Prem Return Prem.
GLO 1848840-04
/1/ 0 3
/11 0
7/1/2023
7 4 0
INCL
THIS ENDORSEMENT EMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured: BERGELECTRIC CORP.
Address (including ZIP Code):
3182 LIONSHEAD AVE
CARLSBAD, CA 92 1 -4701
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
LIP
A.Section II — Who Is n Insured 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:
l.Your acts or omissions; or
.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:
1.0niy applies to the extent permitted by law; and
Mill 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 any insured 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.
- L-11 -F CW (04113)
Page 1 of
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D493935 Master ID: 1433935, Certificate III: 19604940
C.The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV —
Commercial General 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;
#We receive written notice of a claim or "suit" as soon as practicable; and
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 IV — Commercial General Liability
Conditions:
Primary and Noncontributory r 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.
.The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — 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 non-
contributory 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 III — Limits Of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
I. 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.
U- L-11 -F OW (04/13)
Page 2 of 2
Includes copyrighted material of Insurance services Office, Inc., with its permission.
Attachment Code: D493937 Master ID: 1433935, Certificate ID: 19604940
Waiver Of Subrogation (Blanket) Endorsement
Policy No. Eff1 Date of Pol. Exp Date of Pol.
GLO 1 4 8 0-04 7/1/2023 7/1/2024
Producer No.
Addl. Preen. Return Prem.
7 000 IN L
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 Fights Of Recovery ry 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- L- -B CW (12/01)
Page 1 of I
Attachment Code: D509070 Master ID: 1433935, Certificate ID: 19604940
Blanket Notification to Others of Cancellation
or Non -Renewal
THIS ENDORSEMENT ORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Policy No. GLO 1 4 40-04
Effective Date: 7/1/2023
This endorsement applies to insurance provided under the:
Commercial ercial 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
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
. 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,. 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;
, Negate the cancellation or non -renewal; or
3. Provide any additional insurance that would not have been provided in the absence of this endorsement.
U- L-1 1-B CW (01/19)
Page 1 of
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D509070 Master I: 1433935, Certificate I: 19604940
, We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided
to us 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 in number of days:
30
The total number of days for mailing or delivering with respect to Paragraph B. , of
this endorsement is amended to indicate the following number of days:
1
* 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.
U- L-1 1-B CW (01/19)
Page 2 of
Includes copyrighted material of insurance Services Office, Inc., with its permission.
Attachment Code: D493940 Master ID: 1433935, Certificate ID: 19604940
ZURICH
Limited Operations Coverage -Work
Excluded Under A Consolidated (Wrap -Up)
Insurance Program
Polio fo, Exp. Date of Pol. Eff Date of End, Agency 1o. Addl..Prem.
GLO 1 4 4 w04 /1 2 2 7/1/2023
Return Preen.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Named Insured: Bergelectric Corp.
Address (including ZIP Code): 3182 Lion head Ave Carlsbad, CA 92010
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
SCHEDULE
Description and Location of p rati n :
ANY LOCATION WHERE THE INSURED l AS, OR HAD, OPERATIONS INSURED BY A CONSOLIDATED (WRAP-
UP)INSURANCEPROGRAM. THIS EXCLUSION DOES NOT APPLY TO ANY LOCATION(S) FOR WHICH
COVERAGE APPLIES PER U-GL-I378 LIMITED COVERAGE FOR I TSURE 'S INTEREST IN WRAP-UP OR
CONSOLIDATED INSURANCE PROGRAM.
(If It 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 r 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 riot 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
- L-1 94-A (10/06)
Page 1 of 2
Attachment Code: D493940 Master ID: 1433935, Certificate ID: 19604940
}
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:
I . as respects the "products -completed operations hazard"; or
2. for which coverage is afforded under the consolidated (wrap-up) insurance program.
. . For the application of the coverage provided by this endorsement in paragraph B. above, SECTION IV —
COMERCI 1L GENERAL LIABILITY CONDITIONS paragraph 4 Other Insurance is replaced by the follow-
ing:
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-- L- .1 4- (10/06)
Page 2 of
Attachment Code: D493950 Master ID: 1433935, Certificate ID: 19604940
POLICY NUMBER: BAP 1848839-04 COMMERCIAL AUTO
CA 20 48 10 13
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 RS 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: 7/112023
SCHEDULE
Name Of Person(s) Oorani ation :
ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE REQUIRED UIf E1 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.
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.I. of Section II - Covered Autos
Liability Coverage in the Business Auto and Motor
Carrier Coverage Forms and Paragraph D. . of
Section I - Covered Autos Coverages of the Auto
Dealers Coverage Form.
CA20 481013
Insurance Services Office, Inc., 2011 Page 1 of I
Attachment Code: D497485 Master ID: 143 935, Certificate ID: 19604940
Coverage Extension Endorsement
Policy No,
E ' , Date of Pol.
Exp. Date of Pol.
Ef. Date of End.
Producer No.
Addl. Prem
Return Prem.
BAP 1 4 - 4
7 1 0 3
1 4
7/1/2023
75428000
i N L
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
I . The following is added to the Who Is An Insured Provision in Section Il — 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, t,b. in this endorsement.
di 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.
, 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.
U-CA-424-F OW (04/14)
Page 1 of 1
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
Attachment Code: D550549 Master ID: 1433935, Certificate ID: 19604940
POLICY NUMBER: BAP 1 4 39.04
COMMERCIAL AUTO
CA 04 44 10 13
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 AR IEF 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: 711/ 0 3
SCHEDULE
Name(s) Of Person(s) Or rgani fion(s):
ANY PERSON OR ORGANIZATION TO WHOM 1 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 PIIOF
TO LOSS, EXCEPT WHERE SUCH CONTRACT R AGREEMENT IS FOHIBITED BY LAW,
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 44 101 Insurance Services Office, Inc., 2011 Page I of 1
Attachment Code: D550550 Master ID: 1433935, Certificate ID: 19604940
Blanket Notification to Others of Cancellation
or Non -Renewal
Policy No.
Ef. Date of Pol.
Exp. Date of Poi.
Eff, Date of End.
....
Producer � o.
Addl. Prem
Return Prem.
BAP 1848839-04
111 0
3 ,..�„
7/1/2024
1
75428000
I C L
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:
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.
U- A- - OW 01 J 1 )
Page lofI
Includes copyrighted material of insurance Services Office, Inc., with its permission.
Attachment Code: D526673 Master ID: 1433935, Certificate D: 19604940
WORKERS' MPEN ATI N AND EMPLOYERS' LIABILITY INSURANCE POLICY
WC 04 03 0 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT CALIFORNIA
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is
indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the polio+.)
This endorsement, effective on / 1 / 0 at 12:01 A.M. standard time, forms a part of
Policy No. WC 1843897-04 Endorsement No.
of the Zurich American Insurance Company
issued Bergelectric Corp.
Premiur if any) $ Authorized Representative
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right
against the person or organization named in the Schedule, (This agreement applies only to the extent that you perform work under a
written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described
in the Schedule.
The additional premium for this endorsement shall be INCL % of the California workers' compensation premium otherwise due on
such remuneration.
Schedule
Person or Organization Job Description
ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN
N
CONTRACT T R AGREEMENT WITH THE INSURED, ED, 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 (4.84)
WC 04 03 0 (Ed. 4-84)
Page 1 of 1
Attachment Code: D493945 Master ID: 1433935, Certificate ID: 19604940
POLICY #: WC 1843897-04
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC 00 03 13
(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
agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
ALL PERSONS AND/OR R ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR
AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT
WAIVER ER F SUBROGATION BE PROVIDED I[ ED UNDER THIS POLICY FOR WORK PERFORMED BY
YOU FOR THAT PERSON AND/OR RGA I TI I .
WC 00 03 13
(Ed. 4-84)
1983 National Council on Compensation Insurance.
Attachment Code: D493949 Master ID: 1433935, Certificate I: 19604940
POLICY NUMBER: WC 1 4 - 4
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WC 43 03 05
(Ed. 7-00)
UTAH WAIVER OF SUBROGATION ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Utah is shown in item
3.A. of the Information Page
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will
not enforce our right against the person or organization named in the Schedule. (This agreement applies
only to the extent that you perform work under a written contract that requires you to obtain this
agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our
waiver of rights does not release your employees' rights against third parties and does not release our
authority as trustee of claims against third parties.
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 I MED BY
YOU FOR THAT PERSON AND/OR RGANI ATION
WC 43 03 05
(Ed. -o
2000 National Council on Compensation Insurance, inc.
Attachment Code: D526669 Master ID: 1433935, rti cate ID: 19604940
POLICY NUMBER: WC 14 ` - 4
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE ANCE POLICY
WC 42 03 04B
(Ed. 6-14)
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
T
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Informtion Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or
organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule
where you are required by a written contract to obtain this wiver from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement is shown in the Schedule.
Schedule
1. Specific Waiver
Name of person or organization
(X) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operations: ALL PERSONS AND/OR I ORGANIZATIONS THAT ARE REQUIRED UII E BY WRITTEN CONTRACT OR
AGREEMENT WITH THE INSURED, ED, EXECUTED PRIOR F 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
3. Premium:
The premium charge for this endorsement shall be . percent of the premium developed on payroll in
connection with work performed for the above person(s) or organization(s) arising out of the operations described.
4. Advance Premium:
WC 42 03 04 B
(Ed. 6-14)
CI Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved
Attachment Code: D493942 Master ID: 1433935, Certificate ID: 19604940
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY U-WC-3071-A CA (02118)
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 Any liability you may have for injury to any employee(s) engaged in work in
INSURE WORK IN CONNECTION connection with any "wrap-up insurance program" under which you participate
WITH ANY "WRAP UP
iNURAIE PROGRAM".
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 PENALTIES (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:7/1/2023
Insured: Ber electric Corp.
Policy No: WC 1 43 -04
Insurance Company: Zurich American insurance
Company
Endorsement No
U-WC- o71- 1 0 /1 Page 1 of I
Attachment Code: D566111 Master ID: 1433935, Certificate ID: 19604940
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0 .4
DESIGNATED OR PL C S EXCLUSION ENDORSEMENT
The policy does not cover work conducted at or from
ALL WRAP-UP INSURANCE PROGRAMS UNDER WHICH THE ENSURED 1S
COVERED. THIS EXCLUSION DOES NOT APPLY TO ANY WORKPLACE IN
CALIFORNIA OR WISCONSIN.
Endorsement Eff Date: 7/1/2023
Policy No: WC 18 8 7-04 Endorsement No:
Premium
Attachment Code: D493946 3 Master ID: 1433935, Certificate ID: 19604940
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43
BLANKET ET NOTIFICATION TIO TO OTHERS OF CANCELLATION OR O EI EW L ENDORSEMENT
SEMEI T
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
Non -renewal, but not including conditional notice of renewal.
3. Our mailing or delivery of notification described in Paragraphs I . 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 7/1/2023 Policy No. WC 1 4 '-04 Endorsement No.
Insured Bergelectric Corp. Premium
Insurance Company
Zurich American Insurance Company
WC 99 p6 43
(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
Attachment Code: D577124 Master ID: 1433935, Certificate ID: 19604940
POLICY NUMBER: 42-XSF-308092.
Berkshire Hathaway
Special insurance
Fallow Fort.. Excess Liability Policy
THIS POLICY MAY CONTAIN OCCURRENCE, LAIM MADE, OR CLAIMS MADE AND REPORTED COVERAGES.
VARIOUS PROVISIONS IN THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE E POLICY CAREFULLY TO
DETERMINE RIGHTS, DUTIES AND WHAT IS AND IS NOT COVERED.
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.
The words "w", "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
We will pay on behalf of the `insured" those sums in excess of the "retained limit" that the "insured" becomes
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
coverages, terms, representations, warranties, definitions, exclusions, conditions and limitations of the "followed
policy" as of inception of this policy (subject to Section IVA. below).
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".
The amount we pay is limited as described in Section III - LIMITS OF INSURANCE AN E 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 (TMOFAC"), then that insurance shall be null and void.
SECTION II - RETENTION
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
insured under this policy or otherwise assumed by us.
This policy will not recognize the reduction or exhaustion of the "retained limit" due to payments of amounts with
respect to any occurrences, claims, losses, damages or suits that are not insured under this policy.
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 III — LIMITS OF INSURANCE
1. The amount stated as the aggregate limit of insurance in Item 3.B. and, if applicable, 3.C.I of the Declarations
Page of this policy is the most we will pay for all damages insured under this policy.
2. Subject tot. 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. Defense costs and expenses shall operate in an identical manner to the "followed policy".
Attachment Code: D577124 Master ID: 1433935, rti at ID: 19604940
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,
. Assistance and Cooperation
a. 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
claim, suit or proceeding relative to an occurrence where a loss appears reasonably likely to involve us, in
which event the "insured" shall co-operate with us in respect to the defense of such claim, suit or
proceeding.
b. Notwithstanding the foregoing, we will have the right and duty to defend any claim made or suit brought 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"
a. We agree that we will follow:
i) All changes made to the coverages, terms, representations, warranties, definitions, exclusions,
conditions and limitations of the "followed policy" that do not broaden the scope of the insurance
already provided; and
ii) 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".
b. Notwithstanding the foregoing, the following changes to the "followed policy' made after the inception
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) A►ny 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. You will keep the 'underlying policies" in full force and effect; and
b. Any renewals or replacements of the "underlying policies" will provide equivalent insurance to, and afford
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
such insurance and limits of insurance of the "underlying policies" were in place.
5. Required Notices to 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. Change, cancellation or non -renewal of the "followed policy".
Page 2J 'P-XS-OO1-10l 01
Attachment Code: D577124 Master ID: 1433935, rti icate ID: 19604940
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
between this policy and any `underlying policies", only occurrences or claims that would be covered during the
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 below (for example: "underlying policy" and underlying policies").
8. Service f 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. "Followed policy" means the policy listed in Item 4. of the Declarations Page of this policy.
2. "Insured" means any person or organization that is an insured pursuant to the "followed policy".
3. "Named insured" means the person or entity listed in Item 1. of the Declarations Page of this policy.
4. "Retained limit" means the total applicable limits of all "underlying policies".
S. "Underlying insurer" means any of the insurers that are listed in the schedule of underlying insurance of this
Po
licy.
6. "Underlying policy" means each policy listed in the Schedule of Underlying Insurance forming a part of this
policy and any other applicable underlying insurance, including any self -insured retentions.
Page 3 I FFP-XS-001-1 O1 014
Attachment Code: D494784 Master ID: 1433935, Certificate ID: 19604940
ENDORSEMENT
This endorsement, effective 12:01 aim., 7/1/2023,
forms a part of Policy No. CE0742100603 issued to BERGELECTRIC CORPORATION
by Indian Harbor Insurance Company,
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ D IT CAREFULLY.
MANUSCRIPT ENDORSEMENT — BROAD FORM NAMED INSURED
ED
This endorsement modifies insurance provided under the following:
PA/CE Plus: Professional Activities/Complete Execution 4. Pollution (Occurrence)
PROFESSIONAL L POLLUTION LIABILITY FOR CONSTRUCTION CONTRACTORS AND CONSTRUCTION
SUPPORT SERVICES PROVIDERS
El S
In consideration of the premium ium charged, it is hereby understood and agreed that Definition ition K. Insured of SECTION
2: DEFINITIONS, NS, is deleted in its entirety and replaced with the following:
Insured K. means each of the following:
KLD 400 1214
1. The Named Insured;
. 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 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 XL. America, Inc. Page 1 of 2
All Rights Reserved. May not be copied without permission.
Attachment Code: D494784 Master ID: 1433935, Certificate ID: 19604940
(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 Insured'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., Dy , D. ., 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 of
All Rights Reserved. May not be copied without permission.
Attachment Code: D612656 Master ID: 1433935, rti at ID: 19604940
Policy Number: CE0742100603
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:
I. 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.
LLD 051 0113 0 2013X.L. America, Inc.
All Rights Reserved. May not be copied without permission.
Attachment Code: D494785 Master ID: 1433935, Certificate ID: 19604940
ENDORSEMENT #01,31
This endorsement, effective 12:01 a.m., July 1, 2023, forms a part of Policy No. CE0742100603 issued to
BERGELECTRIC IC CORPORATION ATION by Indian Harbor Insurance Company.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MANUSCRIPT IPT ENDORSEMENT - AMENDMENT TO CONDITIONS SECTION 0
This endorsement modifies insurance provided under the following:
FACE 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 O. Subrogation of
SECTION 7: CONDITIONS are deleted in their entirety and replaced with the following:
Subrogation O.
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
Insured'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 Insureds
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
1X.L. America, Inc. Page I of I
All Rights Reserved. May not be copied without permission.
Attachment Code: D572347 Master ID: 1433935, Certificate ID: 19 940
ENDORSEMENT
This endorsement, effective 1 ; 1 a.m., /1/202 , forms a part of
Policy No. CE0742100603 issued to Bergelectric Corp.
by Indian Harbor Insurance Company .
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
MANUSCRIPT IPT ENDORSEMENT - CANCELLATION NOTIFICATION TO OTHERS
This endorsement modifies insurance provided under the following:
PAl E 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 i s
i Mailing Address 1
Number of Days Advanced Notice
of Cancellation
All entities as required per schedule
. on file with broker to be provided at ;
time of cancellation.
Per requirement (no less than 30
days)
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 C.L. America, Inc. Page 1 of I
All Rights Reserved. May not be copied without permission.