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M. BREY ELECTRIC, INC.
N INSURANCE NOT ON FILE d WORK MAY NOT PROCEED A'2022-025-03 CLERK OF COUNCIL QE DATE: AGREEMENT TO PROVIDE ON -CALL ELECTRICAL REPAIR AND 6.MA (AYvA.4 dofiefn4"d1?T2)TT REHABILITATION SERVICES THIS AGREEMENT is made and entered into this 15th day of February 2022 by and between M Brey Electric, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On October 14, 2021, the City issued Request for Proposal No. 21-122, by which it sought a qualified contractor to provide on -call electrical repair and rehabilitations services for the City's Public Works Agency, B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-122. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-122, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of two (2) contractors selected to provide services on an on -call basis under RFP 21-122. The total compensation for services provided by all contractors selected under RFP No. 21-122, including any extension period, shall not exceed the shared aggregate amount of six million dollars and zero cents ($6,000,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Page I of 10 Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 15, 2022 and terminate on February 14, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) two (2) year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OE MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Page 2 of 10 Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such Page 3 of 10 work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of'the contract of work. Page 4 of 10 iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. 8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Page 5 of 10 Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Page 6 of 10 Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: M Brey Electric, Inc. 408 Elm Ave. Beaumont, CA 92223 Attn: Matthew Brey, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or Page 7 of 10 obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 8 of 10 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Daisy Gomez Kristine Ridge Clerk of the Council City Manager [signatures continued on nextpage] Page 9 of 10 APPROVED AS TO FORM M BREY ELECTRIC, INC. SONIA R. CARVALHO City Attorney By: � �si�: Brandon Salvatierra Name: Matthew Biey Deputy City Attorney Title: President FOR APPROVAL L� Nabil Saba, PE Executive Director Public Works Agency Page 10 of 10 EXHIBIT A CITY OF SANTA ANA RFP NO.: 21-122 ON -CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES Appendix ATTACHMENT 1: SCOPE OF WORK City of Santa Ana RFP 21-122 On -Call Electrical Repair and Rehabilitation Services Page 13 CITY OF SANTA ANA RFP NO.: 21-122 ON -CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES SCOPE OF WORK A. INTRODUCTION AND BACKGROUND The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.2 square miles and a population over 343,000 people. The City of Santa Ana Public Works Agency — Water Resources Division oversees and maintains the daily operations of the Water System and Sanitary Sewer System. The City of Santa Ana's water system is comprised of approximately 478 miles of water main, 45 MG of storage at five (5) sites, seven (7) MWD connections, 21 groundwater wells, seven (7) pump stations, four (4) pressure regulating stations and utilizes two (2) pressure zones. The City of Santa Ana Public Works Agency Water Resources Division is soliciting proposals from qualified industrial electrical firms to provide on -call electrical repair and rehabilitation services. The City intends to select and enter into agreements with up to three firms to provide the described services for an aggregate annual amount amongst all selected firms. B. CONTRACTOR RESPONSIBILITIES The City of Santa Ana invites proposals to establish multiple contracts with vendors for electrical maintenance, repair, and rehabilitation at the City's water and wastewater facilities. Qualified respondents will be expected to provide new electrical installations, as well as scheduled and unscheduled electrical maintenance and/or repairs on an "as needed" basis. The Contractor shall provide all labor, materials, services, and equipment necessary for the complete installation of electrical systems. All work shall be in accordance with applicable trade practices, workmanship, meet warranties and shall conform to all applicable laws, codes and regulations. Business hours are considered from 7:00 A.M. to 5:00 P.M. (Monday through Friday). Any time outside of business hours of operation may be considered after hours/weekends. All work will be scheduled upon confirmation of scope and cost and completed within the time agreed upon for each specific item of work. The Contractor may not begin work before receiving a written Notice to Proceed by the City's Project Manager. All services, equipment and materials provided by the Contractor must be in accordance with all applicable Federal, State and local regulations, laws, and codes such as the California Electric Code, California Building Code, and other applicable codes not listed. C. SCOPE OF SERVICES The Contractor shall provide all transportation, labor, materials and equipment necessary to repair, replace, and install existing and new electrical systems as required for the following types of facilities; Water Booster Stations, Sewer Lift Stations, Water Reservoir Sites, Pressure Control Stations, and Water Well Sites. The Contractor shall provide the following scope of services: City of Santa Ana RFP 21-122 On -Call Electrical Repair and Rehabilitation Services Page 14 CITY OF SANTA ANA RFP NO.: 21-122 ON -CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES 1. ELECTRICAL SERVICES The Contractor shall be able to perform, but are not limited to, the following electrical services: • Repair or replacement of motor control stations (up to 480 volts) • Repair or replacement of exterior wiring, interior wiring, conduit, solid state soft starters, variable -frequency drives (VFD), motor controls and motor control centers (MCC), switch gears, fuses, electrical circuit boxes, transformers, programmable logic controllers (PLCs), etc. • Trouble shooting of existing electrical wiring and appurtenances (electrical testing) • New installations of electrical wiring and appurtenances • Telecommunication installations • Instrumentation installations and fiber connections (not including programming) • Technical electrician support to City Staff as requested • Lighting installations • Electrical distribution and control equipment installations (underground distribution conduit, cables, and pull boxes) • Poles, pole foundations and concrete work installations and excavations • Excavations, backfilling and compaction for trenches and pull boxes • Branch circuit panels and wiring installations • Shop and record drawings, material submittals, and work schedules 2. PERFORMANCE TESTS When requested by the City and upon completion of electrical installation, the Contractor shall test and demonstrate that the system operates in accordance with the Drawings and Specifications. Performance tests shall include, but are not limited to, the following: Wire Testing; The Contractor shall perform insulation resistance tests on each complete circuit prior to energizing. Insulation resistance between the conductors and between the conductors and ground shall not be less than 25 megaohms. Operation Testing: The Contractor shall test the operation of each control panel and associated interlocks to verify proper functionality and performance. 3. RECORD DRAWINGS The Contractor shall be capable of providing electrical plans marked with any changes, deviations or addition to any part of the electrical work. The Contractor shall clearly indicate on as -built plans the following information: 1. All conduits runs installed 2. Locations of underground conduits and stubouts accurately dimensioned 3. Forming, cabling, and identification of all power and control circuits within pull boxes and terminal box City of Santa Ana RFP 21-122 On -Call Electrical Repair and Rehabilitation Services Page 15 RFP NO.: 21-122 ON -CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES 4. All changes, deviations, in locations, routing, or dimensions or additions to any part of the electrical work 5. Interior views of each pull box identifying each conduit entrance by conduit number 4. TRAINING AND OPERATION MANUALS The Contractor shall offer training services and provide operation, maintenance and repair manuals consisting of all system drawings, block diagrams, schematics, shop drawings, and other pertinent data required to completely describe the operation and maintenance of the electrical system. The manuals shall be submitted prior to the final acceptance of the system and shall reflect the as -built conditions. The electrical system information in the operation and maintenance manuals shall contain: 1. System operating instructions for normal operational conditions utilizing names of controls as they appear on nameplates 2. Calibration and maintenance instructions 3. Troubleshooting instructions 4. Instructions for ordering replacement parts 5. List of fuses, lamps, seals, and other expendable equipment and devices 6. Parts list including the make, model, and manufacturer of the equipment listed 5. EMERGENCY ON -CALL SERVICES The Contractor shall be able to provide emergency on -call electrical maintenance and repair services within four (4) hours of receiving the call. The Contractor's service technician is required to be on site and commence work within four (4) hours of initial contact if deemed by the City to be an emergency. The response time may be waived by the City if service can wait to be performed during Contractor's normal business hours. D. CODE COMPLIANCE All materials and workmanship shall be in strict conformity with standards of the latest editions including revisions of the following: • Institute of Electrical and Electronics Engineers (IEEE) • National Electrical Manufacturers Association (NEMA) • International Electrotechnical Commission (IEC) • National Electrical Code (NEC) standards • National Fire Protection Agency (NFPA) • American National Standards Institute (ANSI) • American Society of Testing and Materials (ASTM) • Insulated Cable Engineers Association (ICEA) • International Electrical Testing Association (NETA) City of Santa Ana RFP 21-122 On -Call Electrical Repair and Rehabilitation Services Page 16 CITY OF SANTA ANA RFP NO.: 21-122 ON -CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES • National Electrical Contractors Association (NECA) • State Department of Industrial Safety (CAL/OSHA) • Underwriters' Laboratories (UL) • California Building Code (CNC) E. PROJECT MANAGEMENT AND COORDINATION When a request for service is issued by the City, the Contractor shall issue a project estimate and schedule to the City's designated Project Manager. The Contractor shall not proceed with any work without the approval in the form of a notice to proceed from the City's designated project manager. Contractors shall invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract agreement number, results and progress on long-term tasks if any. F. VALUE ADDED RELATED SERVICES The Contractor may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and factory approved. G.SUBCONTRACTORS The use of Subcontractors is allowed, but will require approval by City prior to start of any assigned work. Upon commencement of work, the Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. H. MARKUP The following markup percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits (to the sum of the costs and markups, one (1) percent shall be added as compensation for bonding): 1) Labor................................................................................................20 2) Materials...........................................................................................15 3) Equipment Rental............................................................................. 15 4) Other Items and Expenditures.. ................... .................................... 15 I. MINIMUM QUALIFICATIONS My of Santa Ana RFP 21-122 On -Call Electrical Repair and Rehabilitation Services Page 17 CITY OF SANTA ANA RFP NO.: 21-122 ON -CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES The Contractor shall meet the following minimum qualifications: 1. All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. 2. The Contractor shall hold a current California C-10 Electrical Contractor's License. 3. The Contractor shall have a minimum of five (5) years of experience in providing industrial control panel building services. 4. The Contractor shall possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work. 5. Provide all necessary equipment to competently perform and complete work as specified. J. SAFETY Proposer shall be solely and completely responsible for the condition of the project site, including safety of all persons and properties during the performance of the work. In addition, proper safety equipment must be worn at all times. These requirements shall apply continuously until the contract is terminated and shall not be limited to normal working hours. The Contractor/Consultant shall assure that each employee or subcontractor under the contractor's supervision is trained in the work practices necessary to safely perform his or her job. K. INSURANCE REQUIREMENTS The successful bidders shall furnish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. Contractor(s) shall keep a current certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the City. L. FEE SCHEDULE Contractor shall submit a fee schedule as described in Section IV.B.3 of RFP. The Well 32 Reservoir Rehabilitation Plans provided as Exhibit A and the General Specifications in Exhibit B are to be used as the basis for completing the Fee Schedule form and any other documents requested below (assume all system integration programming will be provided by the City). Upon award of a contract, work will proceed as authorized by the City, but may not necessarily be the project as described in Fee Proposal (inclusive of Exhibit A and Exhibit B). No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid. Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all City of Santa Ana RFP 21-122 On -Call Electrical Repair and Rehabilitation Services Page 18 CITY OF SANTA ANA RFP NO.: 21-122 ON -CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor's standard labor and equipment rate submitted. Fee proposal shall be outlined as follows: ---End of SCOPE OF WORK Section --- City of Santa Ana RFP 21-122 On -Call Electrical Repair and Rehabilitation Services Page 19 EXHIBIT B Beaumont, CA City of Santa Ana On -Call Electrical Repair & Rehabilitation Services RFP# 21-122 SUBMITTED BY: M. BREY ELECTRIC, INC. 408 ELM AVE. BEAUMONT, CA92223 License#581224 DIR#1000005926 MBE BEAUMONT, CA Reside ntial-Commercial-industriaI 408 Elm Ave. Beaumont, CA. 92223 951-845-5438 FX 951-845-5642 www.mbreyelectrlcxom CA#581224 DIRPI000005926 City of Santa Ana On -Call Electrical Repair & Rehabilitation Services RFP # 21-122 TABLE OF CONTENTS Executive Summary .......................................................Page 1 Relevant Experience ........... .......................................... Pages 2-4 Capability Statement ..................................................... Page 5 Core Competencies .......................................................Page 6 Company Organization Chart ...............................................Page 7 Service Work Plan ..................... ................................. Page 8-9 Stephen Bayne(PM)Resume.............................................. Pages 10-11 John Magill (Superintendent) Resume ....................................... Pages 12-13 Non Collusion Affidavit ................................................... Page 14 Non Lobbying Certification .................................................Page 15 Non Discrimination Certificate ........... ...... .......................... Pages 16-17 References .................. ............................................... Pages 18-19 FeeSchedule ................ .......... .. .. .............. .............. Page 20 M. Brey Electric. Inc. City of Santa Ana On -Call Electrical Repair & Rehabilitation Services RFP #21-122 Executive Summary M. Brey Electric, Inc. (MBE) formally Brey, Electric, Inc. remains committed in our mission to be an industry leader in the design, installation, and maintenance of electrical systems. Spearheaded by its founder and President Matthew Brey with 32 years of experience in the electrical industry, he demonstrates his proven professional ability by consistently promoting the company's dedication to provide quality, excellence and environmentally friendly solutions in a safe and professional manner to our commercial, industrial, and residential clientele. As a California corporation with an A, B, & C-10 license classification, MBE has the ability to operate as a prime contractor or a subcontractor while servicing a wide variety of clients. As such, MBE prides itself on being an experienced solution provider integrating and tailoring products and services to support today's market sector's specific electrical needs. MBE well understands that in providing any proposal to perspective completely comprehend the particulars of the client's prerequisites and requirements in providing the product and services as outlined. Respectfully, M. Brey Electric, Inc. Matthew Brey, President 408 Elm Ave. Beaumont, CA 92223 CS184581224 DIR 41000005926 Ph. (951) 845-5438 Fax (951) 845-5642 clients that it must its ultimate goals and Fy M. Brey EI tric, Inc. av"Y/ Residential-Commercia I-1 ndustrial Relevant Experience With more than thirty years of experience as a licensed electrical contractor, M. Brey Electric, Inc. (MBE) was built with competent and skilled workman trained in all aspects of electrical installations and distribution. We strive to achieve and maintain the highest in safety standards and continue to inspire commitment in providing exceptional electrical services to our clients. The following illustrates and highlights the relative aspects of our essential performance qualifications. Underground Electrical Distribution: Work includes excavation, (trenching) conduit /conductor installations and compacted backRlls. All work is performed with our own crews and equipment. MBE has completed multiple underground projects for the Federal government as well as cities and counties throughout. The picture to the right is an example of IIG work for a project completed at Camp Pendleton. Installation of Electrical Pull Boxes and Vaults: In conjunction with underground electrical distribution (duct banks) installation of pull boxes and various vaults are generally included in the completed installations. MBE has installed hundreds of underground structures ranging in an assortment of sizes as dictated by project requirements. These structures in some cases require the use of our heavy equipment and skilled operators to ensure accurate placement. As always with explicit priority to safety and communication. Installation of Building Conduits: Work includes planning, layout and installation of various types of conduit and wiring within building construction to include coordination with othertrades such as Fire Alarm, Communications and HVAC. MBE is fully equipped with its own hydraulic conduit benders that can bend EMT and Rigid pipe ranging in size from Ya" to 4". Installation of Type 3 Meter Pedestals and foundations: MBE has installed several Type 3 meter pedestals in city parks, homeowners associations, and roadway landscape medians for lighting and irrigation controls. A few of these locations include City of Santa Ana, City of Rancho Cucamonga, City of Beaumont, 408 Elm Ave. Beaumont, CA 922-3 Ph. (951) 845-5438 Fax (951) 845-5642 CSLB #581224 DIR #1000005926 Sun Lakes Country Club, and Tournament Hills Country Club. Install and/or repair of transformers, panels boards, buss gear, lighting controls, motor controls (including variable frequency drives), branch and feeder conductors, circuits, circuit breakers, fuses, and fusible disconnects: MBE performs troubleshooting, maintenance, and new installation at well sites and pumping plants for the City of Adelanto, maintenance at water treatment facilities in the City of Loma Linda for PERC Water, troubleshooting, maintenance, and new installations at the Waste Water Treatment Plant and lift stations for the City of Beaumont and for the Morongo Band of Mission Indians and more recently installation of a new well site for 29 Palms Water District. Additionally, MBE maintains electrical systems for several commercial and industrial customers to include emergency electrical service to all commercial, industrial, and municipality customers. Pictured above is the well extension for 29 Palms Water District Installation of large free standing switchgear and concrete pods: MBE has performed several switchgear installations ranging from 400amp 120/208volt to 4,OOOamp 12,470volt. As a cost savings and time saving practice, MBE performs its own concrete and earthwork. Install and/or repair furniture systems circuits: Because MBE has many commercial and industrial customers, furniture systems are a constant part of several customers' projects. MBE Is adept in assembling, installing, and relocating office partitions and power/data poles. Work on live and de -energized circuits: In order to effectively troubleshoot or not to interrupt critical power, an electrician is sometimes required to work on energized circuits. MBE is equipped to work on energized circuits ranging from 120volt to 34,500volt. MBE routinely performs "Hot Work" for the United States Navy and several commercial and industrial customers. MBE workers are equipped with "Arc flash" protective gear when required. All safety equipment and meters are routinely tested and certified. Obtain required permits and coordinate all inspections: As a specialty contractor and a general contractor, MBE is accustomed to working with different agencies, building departments and public works divisions to obtain the proper building permits or easements. Safety and code compliance are essential aspects of MBE's day to day operations. S Install and/or repair of interior, exterior security, monument, sports field, and landscape lighting: MBE has completed LED retrofits to Fairway Ford and Fairview Ford dealerships, new equestrian sports lighting for Beaumont /Cherry Valley Parks District and streetlight replacement for the Cities of Beaumont and Palmdale. Also, MBE has installed sports field lighting, as pictured, for the City of Palm Springs and NAWS China Lake. Additionally, MBE performs street light, parking lot lighting, and walkway lighting maintenance for several home owners associations including Sun Lakes Country Club and Solaria. M Brey Electric, Inc. has performed several landscape lighting entrance projects for developments. Notify Dig Alert USA Mark Out when excavation is required: As part of a regular routine and because the type of work MBE is engaged in, notifying Dig Alert at least 48 hours before any excavation takes place is standard procedure. Also, MBE owns several pieces of underground locating equipment. Traffic control: When projects require traffic control, MBE is able to provide the required traffic control plans in accordance with MUTCD guidelines. MBE owns and maintains its own traffic control truck and is properly equipped to perform traffic control such as lane, ramp or shoulder closures, or more complex plans such as one way traffic, detours, and all freeway and highway traffic control. As the designated service provider to our client, during the course of the contract MBE will possess and maintain all Federal, State, and local permits, licenses, certifications, accreditation, insurance, associated fees and approvals necessary to provide the goods and services outlined in the RFP. 408 Elm Ave. Beaumont, CA 92223 Ph. (951) 845-5438 Fax )951)845-5642 CSLB A581224 DIR 41000005926 lJ M. Brey Electric, Inc. ,arr• ; � a M. Brey Electric, Inc. is dedicated to being a top full service electrical contractor that provides superior quality and customer service to its clients. Honesty and integrity will be the driving force behind all business decisions while providing all customers with prompt, quality service at a reasonable price. COMPANY DATA CAGE: 6Y6A6 DUNS: 078631914 CA# 581224 DIR# 1000005926 NAICS CODES Primary: 238210 Secondary:237130 Bonded &Insured SDBE Certified: California DOT M. Brey Electric, Inc. (MBE) is a well -established industry leader in the design, installation, and maintenance of electric systems. MBE is led by its founder and owner, Matthew Brey, who has the proven ability in his 30 years of electrical industry professional experience. MBE's experience in commercial, industrial, and residential projects comes with commitment to consistent delivery of quality, safety, and environmentally friendly solutions. Our experienced staff are product specialists, technical support experts, and have in-depth knowledge of state codes and regulations. As such, MBE is an experienced solution provider tailoring products and services to support market sector's specific electrical needs. RESIDENTIAL COMMERICIAL INDUSTRIAL L", In the construction market, M. Brey Electric, Inc. has the ability to operate as a prime contractor or a subcontractor while servicing a wide variety of clients. MBE electrical solutions integrates their core competencies into these market sectors: • Design Build and Maintenance • Street & LED Parking Lot Lighting • Electric Vehicle Charging Station • Runway Reconstruction • Waste Water Treatment Plant Electrical Maintenance • Troubleshooting • New Installations, Repairs, and Remodeling • Security Lighting • Ceiling Fans, Plugs, and Switches • LED Retrofit • SBE Certified: California DOT • Ability to meet difficult deadlines • Ability to provide emergency and 24/7 service • Partnerships with industry leaders • Guaranteed quality: Warranty on all services and products ATTN: Matt Brey 408 Elm Ave PO Box 3159 Beaumont, CA 92223 • Commercial Industrial Buildings • Government and Military Sites • Health Care Facility • Hospitality and Entertainment • Single and Multi -Family Residential • Retail Stores and Complexes • State & Local Government Projects • Utilities • Transportation PH: (951) 845-5438 FAX: (951) 845-5642 EMAIL: info@mbreyelectric.com WEBSITE: www.mbrevelectric.com RESIDENTIAL COMMERICIAL INDUSTRIAL 0 i5 do I. M, Brey Electric, Inc. Commercial -Industrial 408 Elm Ave. Beaumont, GA. 92223 951-845-5438 FX 951-845-5642 w .mbreyelectric.com CAN581224 DIR#1000005926 City of Santa Ana On -Call Electrical Repair & Rehabilitation Services RFP N 21-122 Services Work Plan • Establish initial communication guidelines and procedures with City of Santa Ana personnel. • MBE provides 24 hour emergency service and provides direct communication to a MBE employee who will engage the appropriate response team as necessitated. • For tasks requiring immediate attention as delineated by the City of Santa Ana, MBE will dispatch required personnel within (60) minutes of receiving notice during normal business hours for emergency repair services between (7:30AM—6:OOPM) M-F. • City of Santa Ana may assign Work Authorization for scheduled and/or pre -arranged projects in which MBE will assess and assign necessary personnel for the task including providing any required submittals for review prior to commencement of authorized work. • As tasks are assigned, MBE will evaluate the labor, material and equipment required to complete the task and develop an estimate offering value engineering relative to the cost of repair or replacement and advising the City of Santa Ana personnel. • Once authorization to proceed is received, MBE will mobilize with all required labor, materials, tools and equipment ready to initiate service requirements and perform the task at hand. On site supervision will be provided at all times during the performance of the work. • MBE shall install all material and equipment as approved or specified in strict accordance with manufacturer's written instructions. • During the performance of each work authorization MBE will insure that safety is of the highest standards and will make every effort to minimize disruption to City activities or 8 operations. All work to be performed in compliance with Cal OSHA regulations in conjunction with MBE safety program. • Any necessary interruption of electrical services will be coordinated with the City of Santa Ana as mandated. The City will be responsible to coordinate for lock -out and tag procedures. All materials and supplies will be made available prior to scheduled interruption. • MBE will attend all Project & Work Authorization meetings as scheduled by the City of Santa Ana prior to start of work as necessitated. 4 't'EPHEN Eo BAYNE 951-845-7259 10500 Cherry Ave. - Cherry Valley, CA 92223 stbaynel9@gmatl.com OBJECTIVE Construction/Project Manager/ Superintendent eager to contribute expertise toward actively supporting a dynamic organization in optimizing bottom -line performance PROFILE ➢ Offer extensive experience in construction supervision and project management, with comprehensive background working with public works, private, K-12 and higher education projects ➢ Entrusted with achieving optimal utilization of resources while managing all aspects of various multi -million -dollar projects through proactive workflow planning, coordination, administration and team building ➢ Effectively develop and implement targeted action plans to maximize productivity, efficiency and profitability ➢ Dynamic communication, presentation, relationship building and problem -solving abilities ➢ Highly versatile; quickly master new roles, responsibilities, technologies, and environments ➢ Proficient in Word, Excel, Expedition, Primavera, SureTrak and Microsoft Project i!AOFESSIONAL EXPERIENCE Project Manager— M. Brey Electric, Inc. Beaumont, CA 2015-Present • CV Kane Rest Area, $1.2M, Elderberry Pump Station, $300K, Desert Highland Unity Center, $410K, City of San Marcos- Electrical Maintenance, $500K Project Manager- Sinanian Development, Inc., Tarzana, CA 2014-2015 • San Bernardino Unified School District Grafton Hills College OccupationaU Educational Facility New $18M EMT/Firefighting Educational Facility Project ManagerfSuperintendent - McGillivray Construction 2012-2013 • Metro Redline New Car Wash $10M Demolition of and new construction of Metro Redline (Train) Car Wash (Work performed around active HV third rails and scheduled rail yard activities) General Superintendent— Keller CMS, Inc. 2009-2011 • The Village at Northridge — 275 Unit Asst. Living New construction of $75M high end Asst. Living Facility Sr. Construction Manager- DMJMH+N, Inc., Los Angeles, CA 2004-2008 • LAUSD BB Bond Program /JOC Program (Modernization Projects / Region 3 ) Under direction of the LAUSD Regional Manager and CM Sr. Project Manager, directly led 50+ construction team members while cost-effectively supervising $100M in construction modernization projects. Maintained effective and efficient coordination and communication with M&O and Faculty personnel General Superintendent - Projects West Const., Calabasas, CA 2003-2004 • Wilshire/Western (21 story adaptive re -use) $20M Demolition /Abatement /Structural upgrades to interior commercial structure. New interior build out and exterior upgrades for residential and commercial use. Project Manager - Sinanian Development, Inc., Tarzana, CA 2001-2003 • City of LA Public Libraries (Encino -Tarzana, Northridge, Canoga Park, Pico Union) LA Library Bond Program. Demolition and new construction of LA Public Libraries $25M Project Manager - Keller Builders, Inc., El Monte, CA 1999-2001 • Hermosa Beach House New construction of 3 story high end Owner leased Hotel New construction of commercial tilt -ups in Agoura Hills and El Monte 10 Project Manager - Sinanian Development, Inc., Tarzana, CA 1998-1999 • LAX Interline Baggage Area Remodel New remodel of Tom Bradley terminal to include baggage conveyance system tie-in to new covered baggage carousel located on the airport tarmac Career Hiahliahis • Contributed leadership skills in managing all levels of team members Including Construction Managers, Office Engineers and Administrative Support, with full accountability for overseeing all aspects of day-to-day operations • Performed strategic job costing to ensure competitiveness while controlling expenses to optimize profits • Spearheaded broad range of managerial activities ranging from JOC, project cost control and document control to Change Order negotiations and weekly/monthly status reporting • Exhibited advanced communication and interpersonal relation skills in building and establishing key relationships and liaising effectively with owners and customers • Strategically planned and coordinated schedules to maximize use of resources while minimizing costs and meeting customer needs • Steered construction contract administration, material/equipment procurement, manpower/inventory control and Owner/Subcontractor pay application processing, demonstrating Industry expertise and detail orientation skills Add►tfona/ Experience Project Manager/Estimator - Bray Electric Company, Beaumont, CA • Various modernization projects with Alvord, Riverside, and Yucaipa school districts Provided electrical services to various bungalows/modulars throughout the 3 school districts. Total construction value approximately $300,000.Duties included securing permits, job costing, preparing and managing construction contracts, preparing and managing construction schedules, material/equipment procurement, manpower/inventory control, Owner/Subcontractor pay application processing, and Change Order processing. Operations/Project Manager - Empire Waterproofing, Inc., Fontana, CA • Specialty Contractor Below and above grade waterproofing to include elastomeric coatings, caulking and window sealants, epoxy injections and waterproof deck coatings. Proficient in Hi -Rise swing stage work PROFESSIONAL TRAINING/DEVELOPMENT 30-Hour OSHA Certification / USACE Construction Quality Management Certification 11 John R. Magill 1457 Saffron Ct. Beaumont, Ca. 92223 951-801-0040 john2d mbreyelectric.com Professional Profile I have been in the construction business for 36 years. I have worked in almost all stages of the industry, from estimating, to finish work and everything in between. • Plan take -off and estimating. Ability to read and interpret drawings, details, and prints. • Operate backhoe, excavator, skip loader, dozer, and other pieces of heavy equipment. • Layout and set forms for cast -in -place concrete. • Layout jobsite, elevations and locations. • Layout and frame, both residential and commercial applications. • Work in plumbing. Professional Experience • Journeyman level Concrete Finisher foundations, flatwork, structural decks, tilt -up buildings, runways. • Framing; cutting and stacking complex roof structures, stairs, both residential and commercial. • Drywall work including tape and texture. • Electrical: commercial, residential and Flight Line • Computer literate, some college courses completed on-line. • General contractors license holder. Superintendent /Service Manager- M. Brey Electric Inc. Beaumont, Ca Mar. 2013 to present Service Electrician - State of California Journeyman Certified Electrician Duties include: Scheduling and resource allocation of commercial, residential and industrial electrical and construction activities. Troubleshooting, repairs and new construction applications including renovations; panel upgrades; underground and overhead work; lighting and controls. Electrician — Baldi Bros Enterprises, Beaumont, Ca 4/2011 to 4/2012 Travis AFB Runway 21L Replacement. Duties included: Concrete finisher, set-up, grading. Electrical: ALSFII approach lighting, installing runway fixtures and lighting, wiring, vault work, cad welding, and all related work. Field Supervisor — HPC Building and Restoration, Ontario, Ca. 6/07 to 4/15/2011 Achievements: Completed numerous restoration projects ranging from minor repairs to complete rebuilds of damaged houses. Responsibilities: purchasing materials and scheduling activities. Oversight of in-house crews and sub -contractors performing concrete finishing, framing, cabinetry, finish carpentry, and other trades. Project Manager — Sunquest Development Inc. San Bernardino, Ca 5/05-6/07 Achievements: Completed conversion of basement to subterranean parking, City View Lofts, 3rd and Broadway, Los Angeles Ca. Bid, managed, and supervised 2 level subterranean parking structure and framing of 4 story apartment project Carlton Way, Hollywood, Ca. Responsibilities: Estimating, take -off, finding and scheduling sub -contractors, Field supervision, co -coordinating with other subs, project manager. General Contractor — JRMC, Victorville, Ca. 12/04-5/05 Achievements: Completed several remodel, room addition, concrete and framing projects Responsibilities: Estimating take -offs and client liaison. Performance of contract work, accounting and payroll activities. Foreman — Ron Burns Construction Inc Grand Terrace, Ca. 11/02-12/04 Achievements: Completed several tilt -up projects including site work. Responsibilities: Supervision of others. Reading blue prints and Scheduling. Form setting, place and finish concrete, equipment operation, lifting and placing panels in coordination with crane company, framing, roof structures, site work. Education Enterprise High School — Redding, Ca. Graduated with 3.0 average. Studies included ROP heavy equipment operation and maintenance, and auto shop. References References available upon request. W] CITY OF SANTA ANA RFP NO.: 21-122 ON -CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that; the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note; The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed 1^� " . —r _ , Z"— State of California County of Riverside �1 f Subscri ed and sworn to (or affirmed) before me on this �o day of 1 ITV t20i1, by iaJ �, proved to me on the basis of satisfactory evidence to be the personN) wh6Jappeared before me Signature Notary Public Seal rsV'IM, ANGELINA 5YLVIATAMULON15 Notary Public - Callfornia RWerside County T Commission # 2257553 My Comm. Expires Sep 8, 2022 14 City of Santa Ana RFP 21-122 On -Call Electrical Repair and Rehabilitation Services Page 34 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Anotary public orother officer completing thiscertlgcatevedfles only the identity of the Individual who signedthe document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On 11/16/2021 Date personally appeared before me, _ Anpelina Tarnulonis, Notary Public Here insert Name and Tile of the Officer Matthew A. Bret/ Nairl of Signer(* who proved to me on the basis of satisfactory evidence to be the person* whose name(a) (stare -subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In hisfiwAheir authorized cepacity(laa), and that by his/her/their signature.(s) on the Instrument the person(e), or the entity upon behalf of which the persona), acted, executed the Instrument. ANGELINASYLVIATAMULONIS sFNotary PuHC - California �< C Riverside County Commission N 22 lw My Comm. Expires Sep 8, 2022 Place Notary Seal andlar Stamp Above I certify, under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official Signature OPTIONAL Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: - Number of Pages: Signers) Other Than Named Above: Capaclty(tes) Claimed by Signer(s) Signer's Name: Matthew A. Bre IX Corporate Officer — Tlge(s):. Pres ant w ❑ Partner — o Limited ❑ General ❑ Individual O Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other. Signer is Representing: Public Signer's Name: ❑ Corporate Officer — Title(sy D Partner— o Limited ❑ General o Individual ❑ Attorney in Fact o Trustee O Guardian of Conservator O Other: Signer Is Representing: rNfA! N.ecY�ikGxEYyf, ��atR- C2017 National Notary Association CITY OF SANTA ANA RFP NO.: 21-122 ON -CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any ,person for Influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection With the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with Its instructions: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification Is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included In all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: � '� / Z,— Title: President Firm: M. Brev Electric, Inc Date: 11/16/21 15 City of Santa Ana RFP 21-122 On -Call Electrical Repair and Rehabliltatlon Services Page 35 CITY OF SANTA ANA RFP NO.: 21-122 ON -CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or 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, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which helshe has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of Investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such othbi §anctfons may be-imposed-qn remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 16 City of Santa Ana RFP 21-122 On -Call Electrical Repair and Rehabilitation Services Page 36 CITY OF SANTA ANA RFP NO.: 21-122 ON -CALL ELECTRICAL REPAIR AND REHABILITATION SERVICES The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) In every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in. the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. c Signed;''�^'`� 7 G Title: President Firm: M.131y Electric r Inc, Date: 11/16/21 17 City of Santa Ana RFP 21-122 ss On -Call Electrical Repair and Rehabilitation Services Page 37 I. M. grey Electric, Inc. "L REFERENCES Owner: City of Santa Ana—On-CaIIElectricaIRepair&RehabilitationServices On -going multi -year contract since April 2017 ending in March 2022. Services have included Security camera installations @ five sites, pedestal replacements, LED lighting retrofit, new sit lighting, transformer/panel R&R, softstarters, troubleshooting, etc. Contact: Juan Ramirez Production Supervisor 714-647-3377 iramirez@santa-ana.ore Owner: City of Santa Ana —As-Needed Electrical Service On -going multi- year contract beginning 10/1/20 and ending 9/30/22 with renewable options. Contact: Eva Pierce (714) 647-6584 Owner: City of Anaheim Dept. of Public Works— Facility Maintenance, Repairs, Replacement & Immediate Response Services Pre -Qualified Contractor status for On -going multi -year contract with renewal options. Current project: Demolition removal and replacement of transformer and switchgearto include all underground distribution, pull boxes and vaults. Project Cost. $293,600.00 Contact: Sean Saxton Operations Supervisor (714) 765-6809 ssaxton@anaheim.net Owner: City of Laguna Niguel— On Call Citywide Electrical Maintenance On -going multi -year contract with renewal options—NTE $100,000.00 peryear Troubleshoot, lighting controls, sports lighting replacement, new circuitry, metered pedestals, LED lighting upgrades, conduit & wiring. Contact: Bruce Lindemann Bldg. & Facilities Superintendent (949) 362-4376 binndemann@citvoflagu nanieuel.ore Owner: Dept of Transportation (Caltrans) — Restoration of Damaged, Vandalized, or Stolen Electrical Installations. — Contract Completed On -going multi -year contract - $578,450.00 R&R light standard foundations, new pull boxes, conduit & wiring, traffic signal cabinets, battery back-up systems, UG boring, system controllers, traffic cameras, traffic control. Contact: Robert Trujillo— Electrical Supervisor robert.tiuiillo@dot.ca.eov 2.i" Im Ave. Beaumont, CA 92223 CSLB# 581224 DIR #1000005926 PK (951)945-5438 Fax (951)845-5642 18 Owner: City of San Marcos —Electrical Maintenance 5ervices On -going multi -year contract with renewal options - $500,000.00 Troubleshoot, lighting controls, LED upgrades, CAT5/6 cabling, subpanels, landscape lighting, new circuitry, new conduit & wiring. Contact: Lisa Fowler (760) 744-1050 Ifowler@san-marcos.net Footnote: In addition to the above, MBE has similar on -going multi -year maintenance contracts with: County of San Bernardino, Riverside Courts, Desert Aids Project, City of Beaumont, City of Palmdale (2 contracts) City of Moreno Valley 408 Elm Ave. Beaumont:, CA 92223 CSLBN 581224 DIR 41000005926 Ph. (951) 845-5438 fax (951) 845-5642 19 m 5 0 0 0 rn m a y umi v`"i v�i m E Y C d LL O O O 00 O n R 4!1 ft) N W V VT Vf N W m o 0 0 0 0 0 0 0 U � '0lu 'O N N VT N LF S t/F tNli 7 t m d O O O O O O O O � ' E m .n-i umi M om 6 q o N E o O O O o •C O O O n o v o 0 0 0 0 d E m o 0 0 0 0 0 0 0 tea, 0 c5 cS ci 0 o n o w ".-�' n Ui p rn .1O-� voi o vi {,) C va �n an an of +n +n vi of of G/ c C 41 w d N U Ol V G! N a a W m TJ C _w W C Uto U ~ R - a 0 O n m v p C a y .� 'i m 2 U LL Q ¢ ❑ �n m a a` O N Francine R. U91.4 siyaed by Franene R V Il—I )/illareal W.: 2022.011,16u351 -00'00' en.0 .I CL-D LWESI ,Ill CERTIFICATE OF LIABILITY INSURANCE ogr12412022 ) vza/2ozz THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Orion Business Insurance and Risk Management Services, Inc. 1250 Corona Pointe Court, Suite 302 Corona, CA 92879 NOMEACT Lena West PAIL NNo, Eat): (951) 281-5348 5346 FAX No : p-MAIL . Iwest@orionins.com INSURERS AFFORDING COVERAGE NAICY INSURERA: Ohio Security Insurance Co. 24082 INSURED INSURER B: West American Ins Co 44393 INSURERC:American Fire & Casualty Co. 24066 M. Brey Electric, Inc. INSURER D :Insurance Company of the West 27847 P O Box 3159 Beaumont, CA 92223 INSURER E:Federal Insurance Company 20281 INSURER F : COVERAGES CFRTIFIr:ATF NIIMRFR- orximbrht NtIMnFo• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE [X] OCCUR X BKS56377735 11113/2021 11113/2022 EACH OCCURRENCE 11000,000 DAMAGE TO RENTED... 500,000 GLN'L MED EXP (Any one on $ 15,000 PERSONAL$ ADV INJURY 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY JELPT LOC OTHER: GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMP/OP ADIS $ 2,000,000 8 AUTOMOBILE X X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOppSW AUTOS ONLY X AfOJrNOS ONLY X BAW56377735 11/1312021 11/1312022 COMBINED SINGLE LIMIT Ea accident 1,000,000 $ BODILY INJURY Per arson $ BODILY INJURY Per accident $ Pe�acciRtlent AMAGE $ C X UMBRELLA UA8 EXCESS LIAB X OCCUR CLAIMS -MADE ESA56377735 1111312021 1111312022 EACH OCCURRENCE $ 7,000,000 AGGREGATE 71000,000 DED RETENTION$ D WORKERS COMP NIA TIOITY AND ANY PROPRIETOWPARTNEWEXECUTIVE YIN pFFICERrMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA X SD 505955400 211212021 211212022 X PER ERH EL EACH ACCIDENT 1,OOQ000 $ E.L. DISEASE EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,0001000 E Commercial Umbrella 9364-34-82 1111312021 11113/2022 Over Auto Only 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, ma be attached If more space is required) The City Of Santa Ana, Its officers, employees, agents, and representatives are I!SIM as additional insured as required by written contract per attached form. Insurance is primary per attached form. 30 day notice of cancellation applies per attached form. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CI Of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN t11 Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ,����� f-� Risk Malmgemml.DivieWt (rfiW REve&m6MPRaAD8Y: ACORD 25 (2016/03) @ 1988-2015 ACORD ClFes.- R' V&A � Risk Management Analyst The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET 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). The additional premium for this endorsement shall be otherwise due. Person or Organization ANY PERSON / ORG WHEN REQUIRED BY WRITTEN CONTRACT 2 % of the total California Workers' Compensation premium Schedule Job Description ALL CA OPERATIONS 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 02/12/2021 Policy No. WSD 5059554 00 Insured M. BREY ELECTRIC, INC. Insurance Company INSURANCE COMPANY OF THE WEST WC 99 06 34 (Ed. 8-00) Countersigned By INSURED Endorsement No. Premium $ INCL. RiskMusganmtDiwian a y REVIEWm&APPROv®BY: fI,� R, V:Lfitau! �' Risk Managemem Analyst M. Brey Electric, Inc. Policy Number: BKS56377735 Effective: 11/13/21 to 11/13/22 COMMERCIAL GENERAL LIABILITY CG 88 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY— ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY — ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permi ( WaiMamagemmLDiwian RrvlEwm&Mvaov®Br: ® Risk Management Malyst Of With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A— Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY — ELEVATORS Under Paragraph 2. Exclusions of Section I — Coverage A— Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: Under Paragraph 2. Exclusions of Section I - Coverage A- Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. 92013 Liberty Mutual Insurance RiseMmagemadDiMarmt CIS 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permissi �� REv�&APPRw®Br. �� ®' Risk Management Malys[ b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 2. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS— COVERAGES AAND B 1. Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT Paragraph 2. under Section II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury' or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance %r , R7ek """tDiw(nn CIS88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permissi ", REVIEWEDSAPPR EDSY:F•4".4 Z V:. &4"t Risk A9anagemen[ Malys[ b. Premises or facilities rented by you or used by you; or C. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury' or "property damage" included within the '.completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. @2013 Liberty Mutual Insurance RWEMowganed Divalan CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc., with its permissi � REmEWED 6 APPRrnVED BY. RBk Managem,m[ alys[ 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. C. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) 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. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. G. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. 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. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4.Other Insurance of SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permissic ` Risk MaugemmEDivisWn RwEwEo 6 APPR Or F4r"., 2. VA,. Risk Management Malys[ b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an 'occurrence" or an offense that may result in a claim or "suit' under this insurance to us; b. Tender the defense and indemnity of any claim or "suit' to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit' by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) 'Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership orjoint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permissie Rule Mougmunt Division Rwn & Apmca Br. Risk Management Malyst Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury'. or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee ". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and C. Coverage B does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II — Who Is An Insured or a person who has been designated by them to receive reports of .occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or ..employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V — Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc., with its permissic %&Mimic tDivisiun n Rtv &APPRO oft, �_4IDI.11:IY_E' F'4N.CA.L R. V�(.(AM1(fC ®'. Risk Management Malys[ P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage' resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. 02013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance services Office, Inc., with its perrnissii RWr MviaRnmat lNvieian e�J% F� //R�EVIEWED&{APPR��o�v�M� BY[.' ice', Risk Oianagemen[ Niatyss M. Brey Electric, Inc. COMMERCIAL GENERAL LIABILITY Policy Number: BKS56377735 CG 86 11 10 16 Effective: 11/13/21 to 11/13/22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. of Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": Caused by "your work" performed for that additional insured that is the subject of the written contractor written agreement; and 2. Included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a claim or "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong- doing 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 profes- sional services. © 2016 Liberty Mutual Insurance RiskMomganedDivision CIS 66 11 10 16 Includes copyrighted material of Insurance Services Office, Inc., with its permissi �j Rwewmg Awl av®Br �� F'✓�+r.:.ne Q, ValiNLR� �� Risk Management Analyst C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by contractor agreement; 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. D. With respect to the insurance afforded by this endorsement, Section IV - Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. Paragraph 4. of Section IV -Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. 491 2616 Liberty Mutual Insurance R kMaugwwnCDiwiun CG 86 11 10 16 Includes co ��� e7 copyrighted material of Insurance Services Office, Inc., with its permission. � _ � fhvireo&APPRw®aY: A°I ` ` pa. *oLs.e R. VL(.(Aa ®, R6k Management Mayst Policy Number: BAW56377735 Effective: 11/13/21 to 11/13/22 COMMERCIAL AUTO AC 85 43 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGEINDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 12 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR - WAIVER OF DEDUCTIBLE 16 HIRED AUTO COVERAGE TERRITORY 22 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN / LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 18 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 21 SECTION II - LIABILITY COVERAGE is amended as follows: 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile in excess of this policy; or policy except a policy written specificall y to apply (3) Has exhausted its Limit of Insurance or had its policy terminated under policy. © 2018 Liberty Mutual Insurance AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permissi RiskMawgemmtDW[m a.� RtvviE &Apmcrvmft Risk Management Analyst Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured is amended to include the following as an "insured": e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION ° In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION II - LIABILITY, Exclusion B.S. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Fo own, then the Physical Damage coverages provided are extended to "autos": RaFnfameoP %� /R�EMEw &APPROVa]Bv: 2018 Liberty Mutual Insurance " � FIAT 4d Z vj&4 at* AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc.,with its permissi '��RUK Wnzgement Anaq,t A a. You hire, rent or borrow; or b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss" or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing , is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have agross vehicle weight (GVW) of 10,001-20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500. 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident' or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is collectible insurance. © 2018 Liberty Mutual Insurance AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permissi RmleMuugmmdDMsinn lt-=%A EofiAP a By. Risk Management Malyst © 2018 Liberty Mutual Insurance AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc.,with its permissi d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension . f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. _ 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace came will be reduced by a $100 deductible. 1 ^i., Ruh ManaganadDMsiun REvie 6 Mv2ov® Br. Flu R. vWiN1.,1 Risk Management Analyst oe 15. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the 'loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the 'loss'; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a'Balloon Loan" f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; L Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the 'loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the 'loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the 'loss". C. SECTION V - DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a 'loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 16. GLASS REPAIR - WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to 'loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto' is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. R1,ko;W;mt J rt nEwm s APPRo BY: © 2018 Liberty Mutual Insurance P;1llif11ai',L' F4r.c;n4 P. VZaA,4d AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permissi �Rs Risk Management Analyst The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 18. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible : a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insured's" name and address; and (c) The names and addresses of any injured persons and witnesses. 21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 22. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph B.7. Policy Period, Coverage Territory , is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on t States, the territories and possessions of the United States of America, Pule a settlement we agree to. O 2018 Liberty Mutual Insurance AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc.,with its permissl RLmm kMarn tD[Weian 9 REMeJVED S APPROVED BY: Risk Management Analyst This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V - DEFINITIONS is amended as follows: 24. BODILY INJURY REDEFINED Under SECTION V - DEFINITIONS , Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. © 2018 Liberty Mutual Insurance AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permissi i� Risk Muugemmt Division RwEwsD&APPROVE) Br. `� Risk Managenxnt Aialyst ADDITIONAL INSURED ENDORSEMENT Insurance Company Ohio Security Insurance Co. This endorsement modifies such insurance as is offered by the provisions of Policy Number: _relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective November 15, 2021 this endorsement form part of Policy # BKS56377735 Issued to (Name Insured) M. Brey Electric, Inc. �I IT Countersigned by; _ Risk M919$mad Dh;isim { (Ren D&pAPPRwm BY: f �IeLSYNK R. Y+.CfI�MEP ® Risk Management Analyst Coverage Is Provided In: Liberty American Fire and Casualty Company - a stock company Mutual. INSURANCE Excess Liability Policy Declarations Basis: Occurrence 1) NAMED INSURED & MAILING ADDRESS M BKEY ELECTRIC INC PO BOX 3159 BEAUMONT. CA 92223 Named Insured Is: CORPORATION Named Insured Business Is: ELECTRICAL SUBCONTRACTOR POLICY PERIOD Policy Number: ESA (22) 56 37 77 35 AGENT MAILING ADDRESS & PHONE NO. (951) 281-5353 ORION BUSINESS INSURANCE AND RISK MANAGEMENT SERVICES, INC 1250 CORONA POINTE CT STE 302 CORONA, CA 92879-1780 From 11/13/2021 TO 11/13/2022 12:01 AM Standard Time at Insured Mailing Location PREMIUM CHARGES Explanation of DESCRIPTION PREMIUM Charges Fxrecc i is hility $,2, R41 On Certified Ark of Terrorism ('overage $78 On fT 1 el,el Total Advance Charges $7,843.00 Note: This is not a bill BASIS OF PREMIUM: NON-AUDITABLE( X) AUDITABLE( ) s (ITEM 4) LIMITS OF INSURANCE DESCRIPTION EACH OCCURRENCE AGGREGATE (WHERE APPLICABLE) LIMIT $7,000,000 $7,000,000 THESE LIMITS OF INSURANCE APPLY IN EXCESS OF THE UNDERLYING LIMITS OF INSURANCE INDICATED IN (ITEM 5) OF THE DECLARATIONS. Issue Date Authorized Repre To report a claim, call your Agent or 1-844-325.2467 DS 70 22 Ol 08 Rirkklnssgw tDhieian fitzm &APPROV®8r. SmLllJ[L' fMti.o:na R. L/&Awl �'. �� Risk Management Analyst 56377735 POLSVCS 280 INSURED COPY Coverage Is Provided In: policy Number: Liberty American Fire and Casualty Company - a stock company ESA (22) 56 37 77 35 Mutual. INSURANCE ITEM 51 SCHEDULE OF UNDERLYING INSURANCE: CARRIER, POLICY NUMBER AND PERIOD TYPE OF COVERAGE LIMITS OF INSURANCE FIRST UNDERLYING INSURANCE GENERAL $1,000,000 EACH OCCURRENCE OHIO SECURITY INSURANCE LIABILITY LIMIT COMPANY $1,000,000 PERSONAL AND BKS(22)56377735 ADVERTISING INJURY 11/13/2021 - 11/13/2022 LIMIT $2,000,000 GENERAL AGGREGATE LIMIT $2,000,000 PRODUCTS - COMPLETED OPERATIONS AGGREGATE LIMIT FIRST UNDERLYING INSURANCE EMPLOYERS $1,000,000 BODILY INJURY EACH INSURANCE COMPANY OF THE WEST LIABILITY* ACCIDENT LIMIT $1,000,000 BODILY INJURY BY WSD 5059554 00 DISEASE AGGREGATE 02/12/2021 - 02/12/2022 LIMIT $1,000,000 BODILY INJURY BY DISEASE EACH EMPLOYEE LIMIT *EMPLOYERS LIABILITY COVERAGE IS NOT PROVIDED FOR CLAIMS BY EMPLOYEES WHO ARE SUBJECT TO THE WORKERS COMPENSATION LAWS OF NEW YORK To report a claim, call your Agent or 1-844-325-2467 DS 70 23 Ol 08 56377735 POLSVCS 288 RbA MwwgemmiDillebn REVIENwEn 6 AP ED Br. 4li_L' F�,'.r�c:n.e Q. V:tLVAd �. Risk Management Malyst INSURED COPY ORION" Business Insurance and Risk Management Services, Inc. M. Brey Electric PO BOX 3159 Beaumont, CA 92223 Re: Notice of Cancellation Clause To Whom It May Concern: As a service to our valued client, Orion Business Insurance and Risk Management Services, Inc. will provide at least thirty (30) days' notice of cancellation to the certificate holder listed on the attached Acord 25 certificate of insurance should any policy described on the attached certificate be 1) cancelled by the insurer, otherthan for non-payment of premium, and 2) cancelled more than 30 days prior to the expiration date of the policy, except 10 days' notice of cancellation for non-payment of premium. Mailing notice to the certificate holder to the postal mailing address as shown on the certificate of insurance will be sufficient proof of notice. If you should have any questions, please do not hesitate to contact our office. Sincerely, Lena West Assistant Account Manager 1250 Corona Pointe Court, Suite 302 • Corona, CA 92879 • Phone (951) 281-5353 License Number OG17836 Risk Mmr$amtDMalun Rwn &Amovm8r. 2. VXAVd Risk Management Analyst a4 3Alr� i F ti-� o MEMORANDUM To: Risk Management Division Date: January 26, 2022 From: Armando Fernandez, Senior Civil Engineer Subject: Professional Services: Clarification for Agreement with M-Brey Electric, Inc. RFP 21-122 Water Resources Division has reviewed M Brey agreement. The services that are listed under agreements Scope, indicate Contractor will provide on -call electrical repair and rehabilitation services for the City's Public Works Agency. The Contractor will not provide professional services, such as engineering services or calculations. To clarify Water Resources staff will not assign any professional tasks to Contractor. Tasks requiring engineering services will be assigned to City's in-house engineering staff and/or will be tasked to Division's on -call engineering firms. Please advise if you require any additional clarification; I'm available via email at AFernandezna,santa-ana.org or (714) 647-3316. CC: Water Resources Division's Reading File Risk MmcgenmdWalm e� REMEw 6MVRaV®By. `��, Ruk Management Malys[ NOTICE OF COMPLIANCE CITY . "A ,AM I1111RI T I'III I IPi I1111 AGE ,CND INCLUDE Ck I 111 1AGREEMENTTOT111IE CLERK CSC 111I➢C COUNCIL Contractor M. Brey Electric, Inc. Name: Project A-2022-025-03 Number: Project Agreement to provide on -call electrical repair and Name: rehabilitation services The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NAME NUMBER DATE AUTOMOBILE LIABILITY BAW56377735 : 11/13/2023 11/11/2022 : Certificate.pdf COMMERCIAL UMBRELLA 93643482 11/13/2023 11/11/2022 : Certificate.pdf EXCESS LIABILITY ESA56377735 11/13/2023 11/11/2022 : Certificate.pdf GENERAL LIABILITY BKS56377735 : 11/13/2023 11/11/2022 : Certificate.pdf PROFESSIONAL LIABILITY WAIVER 01/26/2023 11/22/2022 : M Brey Prof . Liability.pdf WORKERS COMPENSATION AND MBWC338366 : 02/12/2023 11/11/2022 Certificate.pdf EMPLOYERS' LIABILITY .............. .............. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 11/23/2022 3:02 PM NOTICE OF COMPLIANCE CITY . "A ,AM I1111RI T I'III I IPi I1111 AGE ,CND INCLUDE Ck I 111 1AGREEMENTTOT111IE CLERK CSC 111I➢C COUNCIL Contractor M. Brey Electric, Inc. Name: Project PO 7933 Number: Project PO 7933 Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 3/9/2023 2:22 PM POLICY EXPIRATION COI DATE FILE NAME NUMBER DATE BAW56377735 11/13/2023 02/07/2023 Certificate.pdf BKS56377735 11/13/2023 02/07/2023 Certificate.pdf MBWC441443 02/12/2024 02/07/2023 Certificate.pdf NOTICE OF COMPLIANCE CITY "A',1CC. I1111RINT I'III I III°i II11AG➢E AND INCLUDE CE I 11111 AGR E➢E k1➢EN I TO 1111I E CLERIC CSC 1111I E COUNCIL L Contractor M. grey Electric, Inc. Name: Project A-2022-025-03 Number: Project Agreement to provide on -call electrical repair and rehabilitation services Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: EXPIRATION TYPE OF INSURANCE POLICY NUMBER COI DATE FILE NAME DATE City of Santa Ana AUTOMOBILE LIABILITY 73APB007488 11/13/2024 11/16/2023 Revised Certificate of Insurance.pdf City of Santa Ana GENERAL LIABILITY BKS56377735 11/13/2024 11/16/2023 Revised Certificate of Insurance.pdf M Brey Prof PROFESSIONAL LIABILITY WAIVER 01/26/2024 01/17/2023 Liability 01- 2023.pdf WORKERS COMPENSATION AND EMPLOYERS' City of Santa Ana MBWC441443 02/12/2024 11/13/2023 Certificate of LIABILITY Insurance.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 11/20/2023 12:44 PM MBREYEL-01 NGARCIA ACORO CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 2/13/213/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Orion Business Insurance and Risk Management Services, Inc. 1250 Corona Pointe Court, Suite 302 Corona, CA 92879 CONTACT Noemi Garcia NAME: PHONE 626 773-8488 FAX 951 737-5083 (A/C, No, Ext): ( ) (A/C, No):( ) E-MAIL ngarcia@orionins.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:CanO ius US Insurance Inc. 12961 INSURED INSURER B: National Fire & Marine Insurance Company 20079 INSURER C: Everest Premier Insurance Company 16045 M. Brey, Inc., dba MBE Construction INSURER D : P O Box 3159 Beaumont, CA 92223 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X X CUSPC19000173-00 11/13/2024 11/13/2025 DAMAGE TO RENTED PREMISES Ea occurrence 100,000 $ MED EXP (Any oneperson) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � JECT1:1 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 X $ OTHER: $5,000 BI/PD Ded per Occ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ BODILY INJURY Perperson) $ ANY AUTO X 72APBO10033 11/13/2024 11/13/2025 OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE CUSXS20000077-00 11/13/2024 11/13/2025 AGGREGATE $ 5,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A X 7600026637251 2/12/2025 2/12/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ Dgitall� si9nz I Tu Tran by!lran N uyen D9Y APPROVED 15 02.43 -08 01 8 15:02:43 -OS'0 ' DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 1D1, Additional Remarks Schedule, may be attached if more sp By TO Tran Nguyen at 3:01 pm, Feb 18, 202 Project No: PO 7933 City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are listed as additional insureds as respects General Liability and Auto Liability with respect to liability arising out of work operations performed by or on behalf of Contractor including materials, parts, and equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Contractor. Primary wording is included as respects General Liability per the attached policy form. Waiver of subrogation is included as respects General Liability and Workers' Compensation per the attached policy forms. Notice of cancellation will be delivered in accordance with the policy provisions. City of Santa Ana Attn: Public Works Agency, Water Resource Division 215 S. Center Street (M-85) Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A'UUTTHORIZED REPRESENTATIVE 5] ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CUSPC19000173-00 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All persons or organization where written contract with All locations at which you are performing operations the named insured requires additional insured status. for any person or organization with whom or with This form does not apply to your work on "New which you have agreed in writing in a contract or Residential Property". agreement that such person(s) or organization(s) shall be included as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall applicable limits of insurance. not increase the Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: CUSPC19000173-00 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s) All Personals or organizations where written contract II locations at which you are performing operations for any with the Named Insured requires additional insured person or organization with whom or with which you have completed operations coverage. This form does not agreed in writing in a contract or agreement that such person(s) or organization(s) shall be included as an additional apply to your work on "New Residential Property" insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; 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. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: CUSPC19000173-00 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: CUSPC19000173-00 COMMERCIAL GENERAL LIABILITY CG24041219 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATEDSITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organ ization(s): All persons or organizations where required by written contract with the Named Insured signed by both parties prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 M-5887 (08/2017) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE —ADDITIONAL INSURED: City of Santa Ana Attn: Public Works Agency 215 S. Center Street (M-85) Santa Ana, CA 92701 A. In consideration of payment of the additional premium listed below, LIABILITY COVERAGE is extended to include the additional insured named herein, provided that: 1) such insurance applies only to the ownership, maintenance or use of a covered "auto"; and 2) such insurance applies only to acts or omissions by you, your agents or your "employees" while such covered auto is being used in your business; and 3) such insurance does not apply to the acts or omissions of the additional insured or any of the additional insured's agents or "employees" other than you; and 4) such insurance does not apply if the additional insured is subject to motor carrier insurance requirements and is not insured for hired "autos" under an "auto" liability insurance form that insures on a primary basis the owners of the "autos" and their agents and "employees" while the "autos" are being used exclusively in the additional insured's business and pursuant to operating rights granted to the additional insured by a public authority. B. The insurance afforded to such additional insured: 1) Applies only to the extent permitted by law; and 2) Will not be broader than that which you are required by a contract or agreement to provide for such additional insured. C. The most we will pay on behalf of the additional insured is the lesser of the amount of insurance: 1) That you are required by a contract or agreement to provide for such additional insured; or 2) That is available under the applicable Limits of Insurance shown in the Declarations. All other terms, conditions and agreements remain unchanged. Additional Premium: $ Company Name Policy Number 72 APB 010033 National Fire & Marine Insurance Company Endorsement Effective 11 /13/2024 Named Insured Countersigned by M BREY ELECTRIC INC (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy .) M-5887 (08/2017) 10/10/2024 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE BLANKET WAIVER OF SUBROGATION REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHT FROM US PRIOR TO INJURY. 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: 02/12/2025 Policy No. 7600026637251 Endorsement No. 001 Insured: M. Brey Electric, Inc. Premium $ INCL. Insurance Company: Everest Premier Insurance Company Countersigned By: - 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. CITY OF SANTA ANA Risk Management a division of Human Resources Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR PROFESSIONAL LIABILITY INSURANCE I, Matthew B rey, President ("Representative'), attest that I am an authorized (Name and Title of Vendor Representative) representative of MBE Construction ("Company"), and (Consultant/Company Name) possess the authority to legally bind Company. hi my capacity as Representative of Company, I represent and confirm the following, as relates to the agreement between Company and City of Santa Ana, agreement number R F P 21-122 ("Agreement") to provide On Call Electrical Repair and Rehabilitation Services ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana, Company will not use the services of an expert necessitating professional liability/errors & omissions liability insurance coverage in the performance of Services to, for, or on behalf of City of Santa Ana. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum professional liability insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. 2-- 02/14/2025 Signature Date Matthew Brey Print Name President _ Title matt@mbreyinc.com Contact Information, i.e., Telephone Number and/or Email Address Affidavit of Exemption for Professional Liability Insurance 11.12.2024 MBREYEL-01 NGARCIA ,d►coRO CERTIFICATE OF LIABILITY INSURANCE DATE 11/17/20YYYY) 1 /17/25 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Noemi Garcia NAME: PHONE FAX (A/C, No, Ext): (626) 773-8488 No):(951) 737-5083 Orion Business Insurance and Risk Management Services, Inc. 1250 Corona Pointe Court, Suite 302 Corona, CA 92879 E-MAIL-ADDRESS: ngarcia@orionins.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:CanO ius US Insurance Inc. 12961 INSURED INSURERB: National Fire & Marine Insurance Company 20079 INSURERC: Everest Premier Insurance Company 16045 M. Brey, Inc., dba MBE Construction INSURERD: Forte ra Specialty Insurance Company 16823 P O Box 3159 Beaumont, CA 92223 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X X CUSPC19000173-01 11/13/2025 11/13/2026 DAMAGE TO RENTED PREMISES Ea occurrence 100,000 $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 71 PEA LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ BODILY INJURY Perperson) $ ANY AUTO X X 72APBO12913 11/13/2025 11/13/2026 OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident) ccident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE CUSXS20000077-01 11/13/2025 11/13/2026 AGGREGATE $ 5,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/ R/EXECUTIVE X 7600026637251 2/12/2025 2/12/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ OFFICER/MEMBER EXCLUDED? EXCLU ❑ (Mandatory in NH) A N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ D Errors & Omissions AXC1000402-01 10/9/2025 11/13/2026 [Each Claim 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Extension of Agreement (A-2022-025-03) for On Call Electrical Repair and Rehabilitation Services City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are listed as additional insured(s) as respects General Liability and Auto Liability per the attached policy forms. Primary wording is included as respects General Liability per the attached policy form. Waiver of subrogation is included as respects General Liability, Auto Liability, and Workers' Compensation per the attached policy forms. Notice of cancellation will be delivered in accordance with the policy provisions. Digitally signed by Tu Tran Tu Tran Nguyen Date: 2025.11.17 Nguyen 1161324-08.00. APPROVED By Tu Tran Nguyen at 4:12 pm, Nov 17, 2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Franklin Fallon 220 S. Daisy Ave Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CUSPC19000173-01 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations All persons or organization where written contract with All locations at which you are performing operations the named insured requires additional insured status. for any person or organization with whom or with This form does not apply to your work on "New which you have agreed in writing in a contract or Residential Property". agreement that such person(s) or organization(s) shall be included as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: CUSPC19000173-01 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All Personals or organizations where written contract All locations at which you are performing operations for any with the Named Insured requires additional insured person or organization with whom or with which you have completed operations coverage. This form does not agreed in writing in a contract or agreement that such apply to your work on "New Residential Property" person(s) or organization(s) shall be included as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: CUSPC19000173-01 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: CUSPC19000173-01 COMMERCIAL GENERAL LIABILITY CG24041219 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATEDSITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): All persons or organizations where required by written contract with the Named Insured signed by both parties prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 M-5887 (08/2017) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE —ADDITIONAL INSURED: City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers 220 S. Daisy Ave. Santa Ana, CA 92701 A. In consideration of payment of the additional premium listed below, LIABILITY COVERAGE is extended to include the additional insured named herein, provided that: 1) such insurance applies only to the ownership, maintenance or use of a covered "auto"; and 2) such insurance applies only to acts or omissions by you, your agents or your "employees" while such covered auto is being used in your business; and 3) such insurance does not apply to the acts or omissions of the additional insured or any of the additional insured's agents or "employees" other than you; and 4) such insurance does not apply if the additional insured is subject to motor carrier insurance requirements and is not insured for hired "autos" under an "auto" liability insurance form that insures on a primary basis the owners of the "autos" and their agents and "employees" while the "autos" are being used exclusively in the additional insured's business and pursuant to operating rights granted to the additional insured by a public authority. B. The insurance afforded to such additional insured: 1) Applies only to the extent permitted by law; and 2) Will not be broader than that which you are required by a contract or agreement to provide for such additional insured. C. The most we will pay on behalf of the additional insured is the lesser of the amount of insurance: 1) That you are required by a contract or agreement to provide for such additional insured; or 2) That is available under the applicable Limits of Insurance shown in the Declarations. All other terms, conditions and agreements remain unchanged. Additional Premium Company Name Policy Number 72 APB 012913 National Fire & Marine Insurance Company Endorsement Effective 11/17/2025 12:01 AM Named Insured Countersigned by M. BREY INC (Authorized Representative) (The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy .) M-5887 (08/2017) 11/21/2024 POLICY NUMBER: 72 APB 012913 M-5144a (06/2007) WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: 11/17/2025 12:01 AM Named Insured: M. BREY INC (Authorized Representative) SCHEDULE Name Of Person(s) Or Organization(s): City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers 220 S. Daisy Ave. Santa Ana, CA 92701 Additional Premium I $ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person (s) or organiza- tion(s) shown in the Schedule. We will retain the additional premium shown above, regardless of any early termi- nation of this endorsement or the policy. Includes copyrighted material of Insurance Services Office, Inc. with its permission. M-5144a (06/2007) 11/21/2024 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA 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 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE BLANKET WAIVER OF SUBROGATION REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHT FROM US PRIOR TO INJURY. 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: 02/12/2025 Policy No. 7600026637251 Endorsement No. 001 Insured: M. Brey Electric, Inc. Premium $ INCL. Insurance Company: Everest Premier Insurance Company Countersigned By: - 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual - 1999. MBREYEL-01 NGARCIA r ACOROW CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 2/10/210/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Noemi Garcia NAME: PHONE FAX (A/C, No, Ext): (626) 773-8488 No):(951) 737-5083 Orion Business Insurance and Risk Management Services, Inc. 1250 Corona Pointe Court, Suite 302 Corona, CA 92879 E-MAIL-ADDRESS: ngarcia@orionins.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:CanO ius US Insurance Inc. 12961 INSURED INSURER B: National Fire & Marine Insurance Company 20079 INSURER C: Insurance Company of the West 27847 M. Brey, Inc. dba MBE Construction INSURERD: Forte ra Specialty Insurance Company 16823 P O Box 3159 Beaumont, CA 92223 INSURER E INSURER F : COVERAGES CERTIFICATE NUMRFR- REVISION NUMRFR- 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR X X CUSPC19000173-01 11/13/2025 11/13/2026 DAMAGE TO RENTED PREMISES Ea occurrence 100,000 $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 71 PEA LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ BODILY INJURY Perperson) $ ANY AUTO X X 72APBO12913 11/13/2025 11/13/2026 OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE ccident Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS -MADE CUSXS20000077-01 11/13/2025 11/13/2026 AGGREGATE $ 5,000,000 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/ R/EXECUTIVE X WSD 5088419 00 2/12/2026 2/12/2027 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ OFFICER/MEMBER EXCLUDED? EXCLU ❑ (Mandatory in NH) A N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ D Errors & Omissions AXC1000402-01 10/9/2025 11/13/2026 [Each Claim 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Extension of Agreement (A-2022-025-03) for On Call Electrical Repair and Rehabilitation Services City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are listed as additional insured(s) as respects General Liability and Auto Liability per the attached policy forms. Primary wording is included as respects General Liability per the attached policy form. Waiver of subrogation is included as respects General Liability, Auto Liability, and Workers' Compensation per the attached policy forms. Notice of cancellation will be delivered in accordance with the policy provisions. APPROVED r00T101rA70 uni n00 rAu1r01 i ATinsi ByTuTranNguyen at10:27am, Feb 11; 2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Franklin Fallon 220 S. Daisy Ave Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE Ir "AYLi CAW i a ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET (Ed. 8-00) 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). The additional premium for this endorsement shall be 2% of the total California Workers' Compensation premium otherwise due. Person or Organization ANY PERSON / ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT Policy Number: WSD 5088419 00 Endorsement Effective: 02/12/2026 Issue Date: 02/12/2026 Schedule Job Description ALL CA OPERATIONS Insured: M. Brey, Inc. Coverage Provided by: Insurance Co of the West Countersigned by: WC 99 06 34 (Ed. 8-00)