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HomeMy WebLinkAboutECS PACIFIC, INC.;MU> ANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK DATE: MAY 2 8 2025 N-2025-136 AGREEMENT WITH ECS PACIFIC, INC. TO PERFORM BUILDING ENCLOSURE ASSESSMENT AND DESIGN CONSULTATION SERVICES V n �U�10 �� THIS AGREEMENT is made and entered into on this 16th day of May, 2025 by and between ECS 1 Pacific, Inc., a Virginia corporation ("Consultant"), 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. The City desires to retain a Consultant having special skill and knowledge in the field of building enclosure assessment and design consultation services to evaluate the Main Library for water/moisture intrusions, to review design documents, and to offer recommendations for waterproofing the building on behalf of City's Library Services Department. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting 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 Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B, attached hereto and incorporated herein. The total amount to be expended during the term of this Agreement shall not exceed $49,954.00, which is comprised of. (1) a base amount of $47,575.00; and (2) a 5% contingency in the amount of $2,379.00 for additional and as -needed services, to be exercised at City's sole discretion. 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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required Page 1 of 9 documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2026, unless terminated earlier in accordance with Section 15, below, with the option for the City to extend the term of the Agreement by one (1) additional year upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. 5. OWNERSHIP OF 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 Consultant under this Agreement ("Documents & Data"). Consultant 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. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant 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. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which Page 2 of 9 may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. Minimum Scope and Limit of Insurance: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code I (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. • 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. • If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: • City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations, • Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement, • For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. Page 3 of 9 Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention; (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant 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. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage. Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant 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, its subcontractors, agents, employees, or other persons acting on its behalf in the performance of services under this Agreement ; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due and caused by the Consultant's negligence, recklessness, or willful :misconduct in providing services under 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 to the extent caused by Page 4 of 9 Consultant's negligence, recklessness, or willful misconduct. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel only to the extent such defense is required under applicable law and directly arises out of Consultant's negligent, reckless, or willful acts in the performance of this Agreement, and subject to Consultant's consent to counsel selection, which shall not be unreasonably withheld, regarding any action by a third party challenging the validity of this Agreement, provided such claims arise directly from the Consultant's negligent performance of its services. Consultant shall not be responsible for indemnifying or defending the City against claims unrelated to its performance or within the City's sole control. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with. the work to be performed under this Agreement. Consultant 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 Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant 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. Consultant 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 Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant 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 Page 5 of 9 termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant 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 Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 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. 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. 18. PROFESSIONAL LICENSES Consultant 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. Consultant 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. 19. 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; Page 7 of 9 To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Library Services City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: ECS Pacific, Inc. Attn: Andrew Weber, Vice President 14030 Thunderbolt Place, Suite 500 Chantilly, VA. 20155 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 time frames, weekends, federal, state, County or City holidays shall be excluded. 20. 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. [signatures appear on following page] Page 8 of 9 SIGNATURE PAGE TO AGREEMENT WITH ECS PACIFIC, INC. TO PERFORM BUILDING ENCLOSURE ASSESSMENT AND DESIGN CONSULTATION SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney B• onathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL: Brian Sternberg Executive Director Library Services Agency CITY OF S YTA ANA lvaro Nunez City Manager CONSULTANT: kg�T5' �At�) Andrew Weber Vice President Page 9 of 9 EXHIBIT A SCOPE OF SERVICES ECS Pacific, Inc. Proposal for Building Enclosure Assessment and Design Consultation Prepared for the City of Santa Ana, Santa Ana Public Library Santa Ana Library Renovation 26 Civic Center Plaza, Santa Ana, California 92701 ECS Proposal Number 81:1238r1 March 24, 2025 (revised April 22, 2025) Ern ®s ECS Pacific, Inc. "One Firm. One Mission.' Geotechnical - Construction Materials - Environmental - Facilities Mr. Brian Sternberg Santa Ana Public Library 122 N Newhope St, Santa Ana, California 92703 March 24, 2025 (revised April 22, 2025) ECS Proposal No. 81:1238r1 Reference: Proposal for Building Enclosure Assessment and Design Consultation Santa Ana Library Renovation 26 Civic Center Plaza, Santa Ana, California 92701 Dear Mr. Sternberg, ECS Pacific, Inc. (ECS) is pleased to provide our estimated cost proposal for providing Building Enclosure Assessment and Design Consultation for the Santa Ana Library Renovation project located at 26 Civic Center Plaza, Santa Ana, California. The services offered are to evaluate the existing building enclosure performance and reported moisture intrusions, review the renovation project design documents, and offer recommendations for building enclosure and waterproofing system improvements, as appropriate. Based on the information available, a project description is noted in Section 1.0. The proposed scope of services for this project are outlined in Section 2.0. We appreciate the opportunity to be of service to you on this important project. If you have any questions or comments concerning this proposal, or would like adjustments to our proposed scope of services or schedule, please do not hesitate to contact us at 949-754-4495 or mhuhtala@ecslimited.com. Respectfully, ECS Pacific, Inc. Mike Huhtala Associate Principal mhuhtala@ecslimited.com I Andrew S. Weber, AIA, NCARB Principal aweber@ecslimited.com 300 Spectrum Center Drive, Irvine, CA 92618 - T:949-754-4495 ECS Florida, LLC - ECS Mid -Atlantic LLC - ECS Midwest, LLC - ECS Pacific, Inc. - ECS Southeast, LLC - ECS Southwest, LLP ECS New York Engineering, PLLC - An Associate of ECS Group of Companies - ecslimited.com "ONE FIRM. ONE MISSION." ECS Pacific, Inc. 1.0 PROJECT INFORMATION 1.1 Project Team The Owner is the City of Santa Ana, Group 4 Architecture Research + Planning, Inc. is the architect of record, Page & Turnbull is the historic architect, PCL Constructors Inc. is the general contractor, and Griffin Structures is the construction manager. Santa Ana Public Library requested ECS submit a proposal to provide assessment and peer review design consultation services for the building enclosure. 1.2 Project Description The project consists of the renovation of an approximately 39,790 square foot historic library building constructed in approximately 1960, with two stories above -grade and one below -grade basement level. The existing exterior enclosure systems consist of marble panels over concrete backup walls, steel windows with single -pane glass, steel -framed storefront with insulated glass units, and built-up asphalt with gravel surface low -slope roofing. The project also includes new steel windows and aluminum -framed storefront and entrance systems. The renovation project includes exterior marble repairs, a new elevator with a new basement elevator pit, north -facing steel curtain wall replacement, historical restoration of steel windows in punched openings, and below -grade basement wall waterproofing repairs. The renovation project is under construction and the demolition phase is nearly complete. Group 4 is in the process of amending design documents to address unforeseen conditions uncovered during initial demolition. Moisture intrusion has been reported before and during construction at multiple locations along the south side of the basement, at the north -facing steel curtain wall and adjacent conditions, at the northeast and northwest corners of the great reading room, and at one second floor location at the south elevations. On March 19, 2024, Mike Huhtala of ECS met with Santa Ana Public Library, PCL, and the Santa Ana Library Services Director on site to review reported moisture intrusion areas. See Appendix I for a summary of approximate moisture intrusion locations. 1.3 Documentation Provided ECS was provided with the Permit/ Conform Set Santa Ana Library Renovation drawings and specifications dated August 2, 2024 prepared by Group 4 Architecture Research + Planning, Inc. for reference preparing this proposal. 1.4 Proposal Revision History Proposal Revision 01 dated April 22, 2025 addresses the proposal to Santa Ana Public Library. 2.0 SCOPE OF SERVICES ECS recommends the following services to evaluate the existing building enclosure performance and reported moisture intrusions, review the renovation project design documents, and offer recommendations for building enclosure and waterproofing system improvements, as appropriate. Group 4 will prepare all preliminary and final construction drawings and specifications April 22, 2025 Page 1 �_ ECS Pacific, Inc. and will retain overall responsibility for the design and construction administration of the project, including verification of building code compliance and integration of our comments and design input into the overall project design. ECS will assist in the evaluation, design review, and construction administration of the following specific areas of the building enclosure: • Areas with reported ongoing moisture intrusion • Below- and at -grade waterproofing • Ground level horizontal waterproofing • Built-up asphalt low -slope roofing • Marble panel cladding, including transitions to adjacent systems • Existing steel window and steel -framed storefront treatment and repair • New steel windows and aluminum -framed entrance systems At this time, we anticipate being able to observe the exterior enclosure systems from interior floor levels, the ground, accessible roofs, or ladders or other scaffolding or aerial boom lift access provided by the contractor. 2.1 Assessment and Design Review Phase ECS proposes to perform the following assessment phase services. Document Review Review available existing documentation to better understand the building enclosure systems, components, and potential causes of moisture intrusion. Documentation may include original drawings, investigation reports, and any documentation outlining the systems, products, and details used in the original construction and subsequent repairs or remedial work. Visual Building Enclosure Assessment Visually observe the interior and exterior areas reported to be experiencing moisture intrusion in an effort to determine likely areas causing the reported moisture intrusion. In addition to observing the general areas of the building enclosure outlined above, our visual evaluation will focus on the condition of existing enclosure systems to remain, incorrectly installed or damaged systems/ materials, interfaces between systems, and likely cause of moisture intrusion. We have assumed two staff on site for one day to perform the visual assessment. Assessment Report Prepare a summary letter report with photographs describing our observations, findings, and conceptual recommendations, as appropriate. Design Review Review the updated renovation documents (drawings and specifications) related to the building enclosure systems prepared by Group 4. Conflicts, omissions and constructability concerns in the documents will be highlighted and recommendations provided, as appropriate. The scope of our April 22, 2025 Page 2 ECS Pacific, Inc. review will be limited to the building enclosure systems outlined above, and identifying deficiencies that may prevent the building enclosure systems from performing appropriately. We will provide electronic copies of pertinent documents marked with our comments. Collaboration Meetings Participate in up to two virtual meetings with the project team to discuss our assessment report findings, recommendations, and design review comments. 2.2 Construction Administration Phase ECS will provide modified construction administration and part-time quality assurance services. Our services should not be construed as complete construction administration services; they are meant to supplement the work Group 4 is providing under their construction administration services agreement. ECS proposes to perform the following services during the construction administration phase. General Enclosure Consulting Review and provide comments on select contractor project shop drawings, submittals, and RR's related to the building enclosure assemblies to evaluate compliance with the specification and architectural drawings. Acceptance of our recommendations, approval of all submittals, and response to all RFI's remains the sole responsibility of the AOR. We may also participate in the preconstruction, collaboration, or coordination meetings, or other general consulting activities that may be required during construction. This is proposed as an hourly service for Client flexibility. Quality Assurance Observation Services Perform construction site observations to observe building enclosure repairs and construction for compliance with the Contract Documents. We will issue a field report after each site visit documenting contractor work progress, observations, test results, and compliance with Contract Documents, as applicable. We include up to six (6) periodic construction progress visits, recommended as a minimum to confirm in -place work compliance with the contract documents and workmanship quality; or, as requested by Santa Ana Public Library. If additional involvement and on site presence is desired, the site visit unit rate included below can be used for budgeting. We rely on the project team to keep us apprised of the construction progress so we can complete our visits at appropriate milestones. 2.3 Safety ECS personnel are responsible for their own personal safety. While on site, if ECS personnel deem a condition is unsafe and our work cannot be completed, you will be notified of the unsafe condition. ECS personnel will not proceed further with our work in that area until the unsafe condition is corrected. 3.0 PROJECT FEES AND SCHEDULE April 22, 2025 Page 3 C ECS Pacific, Inc. 3.1 Project Fees We recommend establishing a budget of $47,575.00 for the services described above. We propose to perform the Assessment and Design Review Phase services for the lump sum of $19,900.00 and to perform the Construction Administration Phase services on a time and expense basis. The Construction Administration Phase service Costs should be considered estimated allowances and can be considered "not -to -exceed" costs for this project without prior approval. Deviations from the assumed quantities and timeframes detailed in this proposal are not included and will be considered as an addition to our proposed scope of service. Costs for additional services will be calculated using the enclosed schedule of fees for additional services. Project Fee Qty Rate Unit Cost Assessment and Design Review Phase Document Review 1 $2,000.00 lump sum $2,000.00 Visual Building Enclosure 1 $6,200.00 lump sum $6,200.00 Assessment Assessment Report 1 $3,600.00 lump sum $3,600.00 Building Enclosure Design 1 $6,700.00 lump sum $6,700.00 Review Collaboration Meetings 2 $700.00 lump sum $1,400.00 Activity Total $19,900.00 Construction Administration Phase General Enclosure 45 $295.00 per hour $13,275.00 Consulting Quality Assurance 6 $2,400.00 per day $14,400.00 Observation Activity Total $27,675.00 Grand Total $47,575.00 Should conditions or observations indicate that additional work is necessary or warranted, we would notify you of the additional costs before modifying or expanding the extent of our scope of services. Before modifying or expanding the scope, you would be informed of our intentions for your review and authorization. The following schedule of fees will be utilized for additional services upon request. April 22, 2025 Page 4 C Schedule of Fees for Additional Services Qty Rate Additional Services, Hourly Rates, and Unit Costs Quality Assurance 1 $2,400.00 Observation (per visit) Principal 1 $335.00 Associate Principal 1 $295.00 Facilities Senior Associate 1 $200.00 Facilities Associate III 1 $185.00 Mileage 1 $0.70 3.2 Scheduling, Reporting, and Communication Unit Cost per day $2,400.00 per hour $335.00 per hour $295.00 per hour $200.00 per hour $185.00 per mile $0.70 We are prepared to proceed with the scope of services listed above upon receiving written authorization. We are typically able to schedule to begin the field work within approximately one to two weeks of authorization. Verbal progress reports are typically available within approximately two business days after the conclusion of the field work, and assessment reports are typically available approximately two weeks after the conclusion of the field work. The ECS Project Manager will be the primary point of contact for handling all scheduling and communication of tasks, and will coordinate assessment, review, and deliverable timeframes, as needed. 4.0 PROPOSAL ACCEPTANCE If the scope of work as outlined above and the attached Terms and Conditions of Service are acceptable to you, please sign the Proposal Acceptance Form on behalf of Santa Ana Public Library and return one copy of the Proposal Acceptance Form to ECS. Please note that the attached Terms and Conditions of Service are incorporated herein by reference and are an integral part of this agreement between us. If the Client has a Subconsultant Agreement that you wish to execute with ECS that has not been agreed to before, ECS reserves the right to charge for the time required to fully review and negotiate agreeable terms, including fees from ECS' internal Attorney counsel. This proposal is valid for a period of sixty days; beyond that date it may be necessary to revise our schedule or fee. Fully completing and signing the attached Proposal Acceptance Form on behalf of Santa Ana Public Library will provide formal authorization for ECS to enter the site and perform the above work, as well as providing proper invoicing instructions and distribution lists for reports and correspondence. Please provide any specific instructions or details not covered in this proposal on the attached Proposal Acceptance Form. April 22, 2025 Page 5 5.0 PROPOSAL ACCEPTANCE FORM Please complete and return this Proposal Acceptance Form to ECS. By signing and returning this form, you are authorizing ECS to proceed, providing ECS permission to enter the site, and making this proposal the agreement between ECS and Santa Ana Public Library. Your signature also indicates you have read this document and the Terms and Conditions of Service in their entirety and agree to pay for services as above set forth. PROPOSAL ACCEPTANCE FORM (Please Print or Type) Project Name Santa Ana Library Renovation Location 26 Civic Center Plaza, Santa Ana, California 92701 Fee Estimate 47,575.00 CLIENT INFORMATION Signature - Authorized Representative for Entity Responsible for Payment Print Name of Client and Company Date of Execution Proposal Addressee - Name Brian Sternberg Proposal Addressee - Company Santa Ana Public Library INVOICE INFORMATION Please Print Below if Invoice Addressee is Different Than Proposal Addressee or Special Invoicing Instructions Invoice Addressee - Name Santa Ana Public Library - Attn: Maria Castro Invoice Addressee - Company Invoice Addressee - Street Address 1 20 Civic Center Plaza, M-42 Invoice Addressee - Street Address 2 Invoice Addressee - City, State, zip Santa Ana, CA 92701 Invoice Addressee - Email MCastro5@santa-ana.org Invoice Addressee - Phone Number (714) 647-5269 Purchase Order Number Client Project/Account Number Pay Application Required April 22, 2025 Page 6 6.0 TERMS AND CONDITIONS OF SERVICE Attached to this proposal and an integral part of our proposal, are our 'Terms and Conditions of Service". These terms and conditions represent the current recommendations of the Association of Soil and Foundation Engineers, the Consulting Engineers' Council, and the Geotechnical Division of the American Society of Civil Engineers. Our insurance carrier requires that we have a signed contract prior to the release of any information. This letter is the agreement for our services. Your acceptance of this proposal should be indicated by signing and returning the enclosed Proposal Acceptance form to us. April 22, 202S Page 7 C ECS Pacific, Inc Terms and conditions of Service The professional services (the "Services") to be provided by ECS Pacific, Inc. ["ECS"] pursuant to the Proposal shall be provided in accordance with these Terms and Conditions of Service ('Terms"), Including any addenda as may be Incorporated or referenced In writing shall form the Agreement between ECS and Santa Ana Public Library (Client). 1.0 INDEPENDENT CONSULTANT STATUS - ECS shall serve as an independent professional consultant to CLIENT for Service on the Project, identified above, and shall have control over, and responsibility for, the means and methods for providing the Services identified in the Proposal, including the retention of Subcontractors and Subconsultants. 2.0 SCOPE OF SERVICES - It is understood that the fees, reimbursable expenses and time schedule defined In the Proposal are based on information provided by CLIENT and/or CLIENTS, agents, contractors and consultants ("Contractors"). CLIENT acknowledges that if this information Is not current, is incomplete or inaccurate, if conditions are discovered that could not be reasonably foreseen, or if CLIENT orders additional services, the scope of services will change, even while the Services are in progress. 3.1 In fulfilling Its obligations and responsibilities enumerated In the Proposal. ECS shall be expected to comply with and Its performance evaluated in light of the standard of care expected of professionals In the Industry performing similar services on projects of like size and complexity at that time in the region (the "Standard of Care"). Nothing contained In the Proposal, the agreed -upon scope of Services, these Terms and Conditions of Service or any ECS report, opinion, plan or other document prepared by ECS shall constitute a warranty or guaranty of any nature whatsoever. 3.2 CLIENT understands and agrees that ECS will rely on the facts learned from data gathered during performance of Services as well as those facts provided by the CLIENT and/or CLIENTS contractors and consultants. CLIENT acknowledges that such data collection Is limited to specific areas that are sampled, bored, tested, observed and/or evaluated. Consequently, CLIENT waives any and all claims based upon erroneous facts provided by the CLIENT, facts subsequently learned or regarding conditions in areas not specifically sampled, bored, tested, observed or evaluated by ECS. 33 If a situation arises that causes ECS to believe compliance with CLIENTS directives would be contrary to sound engineering practices, would violate applicable laws, regulations or codes, or will expose ECS to legal claims or charges, ECS shall so advise CLIENT. If ECS' professional judgment is rejected, ECS shall have the right to terminate its Services in accordance with the provisions of Section 25.0, below. 3.4 If CLIENT decides to disregard ECS' recommendations with respect to complying with applicable laws or regulations, ECS shall determine if applicable law requires ECS to notify the appropriate public officials. CLIENT agrees that such determinations are ECS'sole right to make. 4.1 Where the Services requires ECS to penetrate a surface, CLIENT shall furnish and/or shall direct CLIENTS or CLIENTS Contractors to furnish ECS information identifying the type and location of utility lines and other man-made objects known, suspected, or assumed to be located beneath or behind the Site's surface. ECS shall be entitled to rely on such Information for completeness and accuracy without further investigation, analysis, or evaluation. 4.2 "Hazardous Materials" shall include but not be limited to any substance that poses or may pose a present or potential hazard to human health or the environment whether contained in a product, material, by-product, waste, or sample, and whether it exists in a solid, liquid, semi -solid or gaseous form. CLIENT shall notify ECS of any known, assumed, or suspected regulated, contaminated, or other similar Hazardous Materials that may exist at the Site prior to ECS mobilizing to the Site. 4.3 If any Hazardous Materials are discovered, or are reasonably suspected by ECS after its Services begin, ECS shall be entitled to amend the scope of Services and adjust Its fees or fee schedule to reflect any additional work or personal protective equipment and/or safety precautions required by the existence of such Hazardous Materials. 5.0 INFORMATION PROVIDED BY OTHERS - CLIENT waives, releases and discharges ECS from and against any claim for damage, Injury or loss allegedly arising out of or in connection with errors, omissions, or inaccuracies in documents and other information in any form provided to ECS by CLIENT or CLIENTS Contractors, Including such Information that becomes incorporated Into ECS documents. 6.0 CONCEALED RISKS - CLIENT acknowledges that special risks are inherent in sampling, testing and/or evaluating concealed conditions that are hidden from view and/or neither readably apparent nor easily accessible, e.g., subsurface conditions, conditions behind a wall, beneath a floor, or above a ceiling. Such circumstances require that certain assumptions be made regarding existing conditions, which may not be verifiable without expending additional sums of money or destroying otherwise adequate or serviceable portions of a building or component thereof. Accordingly, ECS shall not be responsible for the verification of such conditions unless verification can be made by simple visual observation. CLIENT agrees to bear any and all costs, losses, damages and expenses (including, but not limited to, the cost of ECS' additional services) in any way arising from or in connection with the existence or discovery of such concealed or unknown conditions. 7.1 CLIENT warrants that it possesses the authority to grant ECS right of entry to the site for the performance of Services. CLIENT hereby grants ECS and its agents, subcontractors and/or subconsultants ("Subconsultantsy, the right to enter from time to time onto the property in order for ECS to perform its Services. CLIENT agrees to indemnify and hold ECS and its Subconsultants harmless from any claims arising from allegations that ECS trespassed or lacked authority to access the Site. 7.2 CLIENT warrants that it possesses all necessary permits, licenses and/or utility clearances for the Services to be provided by ECS except where ECS' Proposal explicitly states that ECS will obtain such permits, licenses, and/or utility clearances. April 22, 2025 Page 8 7.3 ECS will take reasonable precautions to limit damage to the Site and its improvements during the performance of its Services. CLIENT understands that the use of exploration, boring, sampling, or testing equipment may cause damage to the Site. The correction and restoration of such common damage is CLIENTS responsibility unless specifically included in ECS' Proposal. 7.4 CLIENT agrees that it will not bring any claims for liability or for injury or loss against ECS arising from (i) procedures associated with the exploration, sampling or testing activities at the Site, III) discovery of Hazardous Materials or suspected Hazardous Materials, or (III) ECS' findings, conclusions, opinions, recommendations, plans, and/or specifications related to discovery of contamination. 8.1ECS shall exercise the Standard of Care in evaluating client -furnished information as well as information readily and customarily available from public utility locating services (the "Underground Utility Information") in Its effort to identify underground utilities. The extent of such evaluations shall be at ECS' sole discretion. 8.2 CLIENT recognizes that the Underground Utility Information provided to or obtained by ECS may contain errors or be incomplete. CLIENT understands that ECS may be unable to Identify the locations of all subsurface utility lines and man-made features. 8.3 CLIENT waives, releases, and discharges ECS from and against any claim for damage, injury or loss allegedly arising from or related to subterranean structures (pipes, tanks, cables, or other utilities, etc.) which are not called to ECS' attention in writing by CLIENT, not correctly shown on the Underground Utility Information and/or not properly marked or located by the utility owners, governmental or quasi -governmental locators, or private utility locating services as a result of ECS' or ECS' Subconsultant's request for utility marking services made in accordance with local industry standards. 9.1 Soil, rock, water, building materials and/or other samples and sampling by-products obtained from the Site are and remain the property of CLIENT. Unless other arrangements are requested by CLIENT and mutually agreed upon by ECS in writing, ECS will retain samples not consumed In laboratory testing for up to sixty (60) calendar days after the first issuance of any document containing data obtained from such samples. Samples consumed by laboratory testing procedures will not be stored. 9.2 Unless CLIENT directs otherwise, and excluding those Issues covered in Section 10.0, CLIENT authorizes ECS to dispose of CLIENTS non -hazardous samples and sampling or testing by-products in accordance with applicable laws and regulations. 10.1 When Hazardous Materials are known, assumed, suspected to exist, or discovered at the Site, ECS will endeavor to protect its employees and address public health, safety, and environmental Issues in accordance with the Standard of Care. CLIENT agrees to compensate ECS for such efforts. 10.2 When Hazardous Materials are known, assumed, or suspected to exist, or discovered at the Site, ECS and/or ECS'subcontractors will exercise the Standard of Care in containerizing and labeling such Hazardous Materials in accordance with applicable laws and regulations, and will leave the containers on Site. CLIENT is responsible for the retrieval, removal, transport and disposal of such contaminated samples, and sampling process byproducts in accordance with applicable law and regulation. 103 Unless explicitly stated in the Scope of Services, ECS will neither subcontract for nor arrange for the transport, disposal, or treatment of Hazardous Materials. At CLIENTS written request ECS may assist CLIENT In identifying appropriate alternatives for transport, off -site treatment, storage, or disposal of such substances, but CLIENT shall be solely responsible for the final selection of methods and firms to provide such services. CLIENT shall sign all manifests for the disposal of substances affected by contaminants and shall otherwise exercise prudence in arranging for lawful disposal. 10A In those instances where ECS Is expressly retained by CLIENT to assist CLIENT in the disposal of Hazardous Materials, samples, or wastes as part of the Proposal, ECS shall do so only as CLIENTS agent (notwithstanding any other provision of this Agreement to the contrary). ECS will not assume the role of, nor be considered a generator, stoner, transporter, or disposer of Hazardous Materials. 10.5 Subsurface sampling may result in unavoidable cross -contamination of certain subsurface areas, as when a probe or excavatlon/boring device moves through a contaminated zone and links it to an aquifer, underground stream, pervious soil stratum, or other hydrous body not previously contaminated, or connects an uncontaminated zone with a contaminated zone. Because sampling is an essential element of the Services indicated herein, CLIENT agrees this risk cannot be eliminated. Provided such services were performed in accordance with the Standard of Care, CLIENT waives, releases and discharges ECS from and against any claim for damage, Injury, or loss allegedly arising from or related to such cross -contamination. 10.6 CLIENT understands that a Phase 1 Environmental Site Assessment (ESA) is conducted solely to permit ECS to render a professional opinion about the likelihood of the site having a Recognized Environmental Condition on, in, beneath, or near the Site at the time the Services are conducted. No matter how thorough a Phase I ESA study may be, findings derived from its conduct are highly limited and ECS cannot know or state for an absolute fact that the Site is unaffected or adversely affected by one or more Recognized Environmental Conditions. CLIENT represents and warrants that it understands the limitations associated with Phase I ESAs. 11.0 OWNERSHIP OF DOCUMENTS 11.1 ECS shall be deemed the author and owner (or licensee) of all documents, technical reports, letters, photos, boring logs, field data, field notes, laboratory test data, calculations, designs, plans, specifications, reports, or similar documents and estimates of any kind furnished by it [the "Documents of Service"] and shall retain all common law, statutory and other reserved rights, including copyrights. CLIENT shall have a limited, non-exclusive license to use copies of the Documents of Service provided to it in connection with its Project for which the Documents of ECS Pacific, Inc. Terms and Conditions of Service Service are provided until the completion of the Project. 11.2 ECS' Services are performed and Documents of Service are provided for the CLIENTS sole use. CLIENT understands and agrees that any use of the Documents of Service by anyone other than the CLIENT and Its Contractors is not permitted. CLIENT further agrees to indemnify and hold ECS harmless for any errors, omissions or damage resulting from Its contractors' use of ECS' Documents of Service. 11.3 Without ECS' prior written consent, CLIENT agrees to not use ECS' Documents of Service for the Project if the Project is subsequently modified in scope, structure or purpose. Any reuse without ECS' written consent shall be at CLIENTS sole risk and without liability to ECS or its Subconsultants. CLIENT agrees to indemnify and hold ECS harmless for any errors, omissions or Damage resulting from its use of ECS' Documents of Service after any modification in scope, structure or purpose. 11.4 CLIENT agrees to not make any modification to the Documents of Service without the prior written authorization of ECS. To the fullest extent permitted by law, CLIENT agrees to Indemnify, defend, and hold ECS harmless from any damage, loss, claim, liability or cost (including reasonable attorneys' fees and defense costs) arising out of or in connection with any unauthorized modification of the Documents of Service by CLIENT or any person or entity that acquires or obtains the Documents of Service from or through CLIENT. CLIENT represents and warrants that the Documents of Service shall be used only as submitted by ECS. 12.0 SAFETY 12.1 Unless expressly agreed to in writing in its Proposal, CLIENT agrees that ECS shall have no responsibility whatsoever for any aspect of site safety other than for Its own employees. Nothing herein shall be construed to relieve CLIENT and/or its Contractors from their responsibility for site safety. CLIENT also represents and warrants that the General Contractor is solely responsible for Project site safety and that ECS personnel may rely on the safety measures provided by the General Contractor. 12.2 In the event ECS assumes In writing limited responsibility for specified safety issues, the acceptance of such responsibilities does not and shall not be deemed an acceptance of responsibility for any other non -specified safety issues, including, but not limited to those relating to excavating, fall protection, shoring, drilling, backfilling, blasting, or other construction activities. 13.0 CONSTRUCTION TESTING AND REMEDIATION SERVICES 13.1 CLIENT understands that construction testing and observation services are provided in an effort to reduce, but cannot eliminate, the risk of problems arising during or after construction or remediation. CLIENT agrees that the provision of such Services does not create a warranty or guarantee of any type. 13.2 Monitoring and/or testing services provided by ECS shall not in any way relieve the CLIENTS contractor(s) from their responsibilities and obligations for the quality or completeness of construction as well as their obligation to comply with applicable laws, codes, and regulations. 13.3 ECS has no responsibility whatsoever for the means, methods, techniques, sequencing or procedures of construction selected, for safety precautions and programs Incidental to work or services provided by any contractor or other consultant. ECS does not and shall not have or accept authority to supervise, direct, control, or stop the work of any contractor or consultant or any of their subcontractors or subconsultants. 13.4 ECS strongly recommends that CLIENT retain ECS to provide construction monitoring and testing services on a full time basis to lower the risk of defective or incomplete work being installed by CLIENTS Contractors. If CLIENT elects to retain ECS on a part-time or on -call basis for any aspect of construction monitoring and/or testing, CLIENT accepts the risk that a lower level of construction quality may occur and that defective or Incomplete work may result and not be detected by ECS' part time monitoring and testing in exchange for CLIENTS receipt of an immediate cost savings. Unless the CLIENT can show that ECS' errors or omissions are contained in ECS' reports, CLIENT waives, releases and discharges ECS from and against any other claims for errors, omissions, damages, Injuries, or loss alleged to arise from defective or incomplete work that was monitored or tested by ECS on a part-time or on -call basis. Except as set forth in the preceding sentence, CLIENT agrees to indemnify and hold ECS harmless from all Damages, costs, and attorneys' fees, for any claims alleging errors, omissions, damage, injury or loss allegedly resulting from work that was monitored or tested by ECS on a part-time or on -call basis. 14.0 CERTIFICATIONS - CLIENT may request, or governing jurisdictions may require, ECS to provide a "certification" regarding the Services provided by ECS. Any "certification" required of ECS by the CLIENT or jurisdiction(s) having authority over some or all aspects of the Project shall consist of ECS' inferences and professional opinions based on the limited sampling, observations, tests, and/ or analyses performed by ECS at discrete locations and times. Such "certifications" shall constitute ECS' professional opinion of a condition's existence, but ECS does not guarantee that such condition exists, nor does it relieve other parties of the responsibilities or obligations such parties have with respect to the possible existence of such a condition. CLIENT agrees it cannot make the resolution of any dispute with ECS or payment of any amount due to ECS contingent upon ECS signing any such "certification." 15.0 BILLINGS AND PAYMENTS 15.1 Billings will be based on the unit rates, plus travel costs, and other reimbursable expenses as stated in the professional fees section of the Proposal. Any estimate of professional fees stated shall not be considered as a not -to -exceed or lump sum amount unless otherwise explicitly stated. CLIENT understands and agrees that even If ECS agrees to a lump sum or not -to -exceed amount, that amount shall be limited to number of hours, visits, trips, tests, borings, or samples stated in the Proposal. 15.2 CLIENT agrees that all professional fees and other unit rates may be adjusted annually to account for inflation based on the most recent 12-month average of the Consumer Price Index (CPI-U) for all items as established by www.bis.gov when the CPI-U exceeds an annual rate of 2.0%. April 22, 2025 Page 9 15.3 Should ECS Identify a Changed Condition(s), ECS shall notify the CLIENT of the Changed Condition(s). ECS and CLIENT shall promptly and In good faith negotiate an amendment to the scope of Services, professional fees, and time schedule. 15.4 CLIENT recognizes that time Is of the essence with respect to payment of ECS' invoices, and that timely payment Is a material consideration for this Agreement. All payment shall be in U.S. funds drawn upon U.S. banks and in accordance with the rates and charges set forth in the professional Fees. Invoices are due and payable upon receipt. 15.5 If CLIENT disputes all or part of an invoice, CLIENT shall provide ECS with written notice stating in detail the facts of the dispute within fifteen (15) calendar days of the Invoice date. CLIENT agrees to pay the undisputed amount of such invoice promptly. 15.6 ECS reserves the right to charge CLIENT an additional charge of one -and -one-half (1.5) percent (or the maximum percentage allowed by Law, whichever is lower) of the invoiced amount per month for any payment received by ECS more than thirty (30) calendar days from the date of the invoice, excepting any portion of the invoiced amount in dispute. All payments will be applied to accrued interest first and then to the unpaid principal amount. Payment of invoices shall not be subject to unilateral discounting or set -offs by CLIENT. 15.7 CLIENT agrees that its obligation to pay for the Services Is not contingent upon CLIENTS ability to obtain financing, zoning, approval of governmental or regulatory agencies, permits, final adjudication of a lawsuit, CLIENTS successful completion of the Project, settlement of a real estate transaction, receipt of payment from CLIENTS client, or any other event unrelated to ECS provision of Services. Retainage shall not be withheld from any payment, nor shall any deduction be made from any invoice on account of penalty, liquidated damages, or other sums incurred by CLIENT. It is agreed that all costs and legal fees including actual attorney's fees, and expenses Incurred by ECS in obtaining payment under this Agreemen4 in perfecting or obtaining a lien, recovery under a bond, collecting any delinquent amounts due, or executing judgments, shall be reimbursed by CLIENT. 15.8 Unless CLIENT has provided notice to ECS in accordance with Section 16.0 of these Terms, payment of any invoice by the CLIENT shall mean that the CLIENT is satisfied with ECS' Services and is not aware of any defects in those Services. 16.0 DEFECTS IN SERVICE 16.1 CLIENT and CLIENTS Contractors shall promptly Inform ECS during active work on any project of any actual or suspected defects in the Services so to permit ECS to take such prompt, effective remedial measures that In ECS' opinion will reduce or eliminate the consequences of any such defective Services. The correction of defects attributable to ECS' failure to perform in accordance with the Standard of Care shall be provided at no cost to CLIENT. However, ECS shall not be responsible for the correction of any deficiency attributable to client-fumished Information, the errors, omissions, defective materials, or Improper installation of materials by CLIENTS personnel, consultants or contractors, or work not observed by ECS. CLIENT shall compensate ECS for the costs of correcting such defects. 16.2 Modifications to reports, documents and plans required as a result of jurisdictional reviews or CLIENT requests shall not be considered to be defects. CLIENT shall compensate ECS for the provision of such Services. 17.0 INSURANCE - ECS represents that it and Its subcontractors and subconsultants maintain workers compensation insurance, and that ECS Is covered by general liability, automobile and professional liability insurance policies in coverage amounts it deems reasonable and adequate. ECS shall furnish certificates of Insurance upon request The CLIENT is responsible for requesting specific inclusions or limits of coverage that are not present In ECS insurance package. The cost of such inclusions or coverage increases, if available, will he at the expense of the CLIENT. 19.0 LIMITATION OF LIABILITY 18.1 CLIENT AGREES TO ALLOCATE CERTAIN RISKS ASSOCIATED WITH THE PROJECT BY LIMITING ECS' TOTAL LIABILITY TO CLIENT ARISING FROM ECS PROFESSIONAL LIABILITY, I.E. PROFESSIONAL ACTS, ERRORS, OR OMISSIONS AND FOR ANY AND ALL CAUSES INCLUDING NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY, INJURIES, DAMAGES, CLAIMS, LOSSES, EXPENSES, OR CLAIM EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) RELATING TO PROFESSIONAL SERVICES PROVIDED UNDERTHIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. THE ALLOCATION IS AS FOLLOWS. 18.1.11f the proposed fees are $10,000 or less, ECS' total aggregate liability to CLIENT shall not exceed $20,000, or the total fee received for the services rendered, whichever is greater. 18.1.2 If the proposed fees are in excess of $10,000. ECS' total aggregate (lability to CLIENT shall not exceed $50,000, or the total fee for the services rendered, whichever is greater. 18.2 CLIENT agrees that ECS shall not be responsible for any Injury, loss or damage of any nature, including bodily injury and property damage, arising directly or Indirectly, in whole or in part, from acts or omissions by the CLIENT, its employees, agents, staff, consultants, contractors, or subcontractors to the extent such injury, damage, or loss is caused by acts or omissions of CLIENT, its employees, agents, staff, consultants, contractors, subcontractors or person/entities for whom CLIENT is legally liable. 18.3 CLIENT agrees that ECS' liability for all non-professional liability arising out of this Agreement or the services provided as a result of the Proposal be limited to $500,000. 19-0 INDEMNIFICATION 19.1 Subject to Section 18.0, ECS agrees to hold harmless and indemnify CLIENT from and against damages arising from ECS' negligent performance of Its Services, but only to the extent that such damages are found to be caused by ECS' negligent acts, errors or omissions, (specifically excluding any damages caused by any third party or by the CLIENT.) 19.2 To the fullest extent permitted by law, CLIENT agrees to indemnify, and hold ECS harmless from and against any and all liability, claims, damages, demands, fines, penalties, costs and expenditures (including reasonable attorneys' fees and costs oflitigation defense and/or settlement) ("Damages") caused In whole or in part by the acts, errors, or omissions of the CLIENT or CLIENTS employees, ECS Pacific, Inc. Terns and Conditions of Service agents, staff, contractors, subcontractors, consultants, and clients, provided such Damages are attributable to: (a) the bodily injury, personal Injury, sickness, disease and/or death of any person; (b) the injury to or loss of value to tangible personal property; or (c) a breach of these Terms. The foregoing indemnification shall not apply to the extent such Damage is found to be caused by the sole negligence, errors, omissions or willful misconduct of ECS. 19.3 It is specifically understood and agreed that in no case shall ECS be required to pay an amount of Damages disproportional to ECS' culpability. IF CLIENT IS A HOMEOWNER, HOMEOWNERS' ASSOCIATION, CONDOMINIUM OWNER, CONDOMINIUM OWNER'S ASSOCIATION, OR SIMILAR RESIDENTIAL OWNER, ECS RECOMMENDS THAT CLIENT RETAIN LEGAL COUNSEL BEFORE ENTERING INTO THIS AGREEMENT TO EXPLAIN CLIENTS RIGHTS AND OBLIGATIONS HEREUNDER, AND THE LIMITATIONS, AND RESTRICTIONS IMPOSED BY THIS AGREEMENT. CLIENT AGREES THAT FAILURE OF CLIENT TO RETAIN SUCH COUNSEL SHALL BE A KNOWING WAIVER OF LEGAL COUNSEL AND SHALL NOT BE ALLOWED ON GROUNDS OF AVOIDING ANY PROVISION OF THIS AGREEMENT. 19A IF CLIENT IS A RESIDENTIAL BUILDER OR RESIDENTIAL DEVELOPER, CLIENT SHALL INDEMNIFY AND HOLD HARMLESS ECS AGAINST ANY AND ALL CLAIMS OR DEMANDS DUE TO INJURY OR LOSS INITIATED BY ONE OR MORE HOMEOWNERS, UNIT -OWNERS, OR THEIR HOMEOWNER'S ASSOCIATION, COOPERATIVE BOARD, OR SIMILAR GOVERNING ENTITY AGAINST CLIENT WHICH RESULTS IN ECS BEING BROUGHT INTO THE DISPUTE. 19.5 IN NO EVENT SHALL THE DUTY TO INDEMNIFY AND HOLD ANOTHER PARTY HARMLESS UNDER THIS SECTION 19.0 INCLUDE THE DUTY TO DEFEND. 20.0 CONSEQUENTIAL DAMAGES 20.1 CLIENT shall not be liable to ECS and ECS shall not be liable to CLIENT for any consequential damages incurred by either due to the fault of the other or their employees, consultants, agents, contractors or subcontractors, regardless of the nature of the fault or whether such liability arises In breach of contract or warranty, tort, statute, or any other cause of action. Consequential damages include, but are not limited to, loss of use and loss of profit. 20.2 ECS shall not be liable to CLIENT, or any entity engaged directly or Indirectly by CLIENT, for any liquidated damages due to any fault, or failure to act, in part or In total by ECS, its employees, agents, or subcontractors. 210 SOURCES OF RECOVERY 21.1 All claims for damages related to the Services provided under this Agreement shall be made against the ECS entity contracting with the CLIENT for the Services, and no other person or entity. CLIENT agrees that It shall not name any affiliated entity Including parent, peer, or subsidiary entity or any individual officer, director, or employee of ECS. 21.2 In the event of any dispute or claim between CLIENT and ECS arising out of in connection with the Project and/or the Services, CLIENT and ECS agree that they will look solely to each other for the satisfaction of any such dispute or claim. Moreover, notwithstanding anything to the contrary contained in any other provision herein, CLIENT and ECS' agree that their respective shareholders, principals, partners, members, agents, directors, officers, employees, and/or owners shall have no liability whatsoever arising out of or in connection with the Project and/or Services provided hereunder. In the event CLIENT brings a claim against an affiliated entity, parent entity, subsidiary entity, or Individual officer, director or employee In contravention of this Section 21, CLIENT agrees to hold ECS harmless from and against all damages, costs, awards, or fees (including attomeys fees) attributable to such acL 22.0 THIRD PARTY CLAIMS EXCLUSION - CLIENT and ECS agree that the Services are performed solely for the benefit of the CLIENT and are not intended by either CLIENT or ECS to benefit any other person or entity. To the extent that any other person or entity Is benefited by the Services, such benefit is purely incidental and such other person or entity shall not be deemed a third party beneficiary to the Agreement. No third -party shall have the right to rely on ECS' opinions rendered in connection with ECS' Services without written consent from both CLIENT and ECS, which shall include, at a minimum, the third-party's agreement to be bound to the same Terms and Conditions contained herein and third-party's agreement that ECS' Scope of Services performed is adequate. 23.0 DISPUTE RESOLUTION 23.1 In the event any claims, disputes, and other matters in question arising out of or relating to these Terms or breach thereof (collectively referred to as "Disputes'7, the parties shall promptly attempt to resolve all such Disputes through executive negotiation between senior representatives of both parties familiar with the Project. The parties shall arrange a mutually convenient time for the senior representative of each party to meet. Such meeting shall occur within fifteen calendar (15) days of either party's written request for executive negotiation or as otherwise mutually agreed. Should this meeting fail to result in a mutually agreeable plan for resolution of the Dispute, CLIENT and ECS agree that either party may bring litigation. 23.2 CLIENT shall make no claim (whether directly or in the form of a third -party claim) against ECS unless CLIENT shall have first provided ECS with a written certification executed by an independent engineer licensed in the jurisdiction in which the Project is located, reasonably specifying each and every act or omission which the certifier contends constitutes a violation of the Standard of Care. Such certificate shall be a precondition to the institution of any judicial proceeding and shall be provided to ECS thirty (30) days prior to the institution of such judicial proceedings. April 22, 2025 Page 10 23.3 Litigation shall be instituted In a court of competent Jurisdiction in the county or district in which ECS' office contracting with the CLIENT is located. The parties agree that the law applicable to these Terms and the Services provided pursuant to the Proposal shall be the laws of the Commonwealth of Virginia, but excluding its choice of law rules. Unless otherwise mutually agreed to In writing by both parties, CLIENT waives the right to remove any litigation action to any other jurisdiction. Both parties agree to waive any demand for a trial by jury. 24A A party that believes the other has materially breached these Terms shall Issue a written cure notice Identifying Its alleged grounds for termination. Both parties shall promptly and In good faith attempt to identify a cure for the alleged breach or present facts showing the absence of such breach. If a cure can be agreed to or the matter otherwise resolved within thirty (30) calendar days from the date of the termination notice, the parties shall commit their understandings to writing and termination shall not occur. 24.2 Either party may waive any right provided by these Terms In curing an actual or alleged breach; however, such waiver shall not affect future application of such provision or any other provision. 2SA TERMINATION 25.1 CLIENT or ECS may terminate this Agreement for breach, non-payment, or a failure to cooperate. In the event of termination, the effecting party shall so notify the other party in writing and termination shall become effective fourteen (14) calendar days after receipt of the termination notice. 25.2 Irrespective of which party shall effect termination, or the cause therefore, ECS shall promptly render to CLIENT a final invoice and CLIENT shall immediately compensate ECS for Services rendered and costs incurred including those Services associated with termination Itself, including without limitation, demobilizing, modifying schedules, and reassigning personnel. 26.0 TIME BAR TO LEGAL ACTION - Unless prohibited by law, and notwithstanding any Statute that may provide additional protection, CLIENT and ECS agree that a lawsuit by either party alleging a breach of this Agreement, violation of the Standard of Care, non-payment of invoices, or arising out of the Services provided hereunder, must be initiated in a court of competent jurisdiction no more than two (2) years from the time the party knew, or should have known, of the facts and conditions giving rise to its claim, and shall under no circumstances shall such lawsuit be initiated more than three (3) years from the date of substantial completion of ECS' Services. 27.0 ASSIGNMENT - CLIENT and ECS respectively bind themselves, their successors, assigns, heirs, and legal representatives to the other party and the successors, assigns, heirs and legal representatives of such other party with respect to all covenants of these Terms. Neither CLIENT nor ECS shall assign these Terms, any rights thereunder, or any cause of action arising therefrom, in whole or in part, without the written consent of the other. Any purported assignment or transfer, except as permitted above, shall be deemed null, void and invalid, the purported assignee shall acquire no rights as a result of the purported assignment or transfer and the non -assigning party shall not recognize any such purported assignment or transfer. 29.0 SEVE ABILITY - Any provision of these Terms later held to violate any law, statute, or regulation, shall be deemed void, and all remaining provisions shall continue in full force and effect. CLIENT and ECS shall endeavor to quickly replace a voided provision with a valid substitute that expresses the intent of the issues covered by the original provision. 29.0 SURVIVAL - All obligations arising prior to the termination of the agreement represented by these Terms and all provisions allocating responsibility or liability between the CLIENT and ECS shall survive the substantial completion of Services and the termination of the Agreement. 30.1 The titles used herein are for general reference only and are not part of the Terms. 30.2 These Terms together with the Proposal, including all exhibits, appendixes, and other documents appended to it, constitute the entire agreement between CLIENT and ECS ("Agreement"). CLIENT acknowledges that all prior understandings and negotiations are superseded by this Agreement. 30.3 CLIENT and ECS agree that subsequent modifications to the Agreement shall not be binding unless made in writing and signed by authorized representatives of both parties. 30.4 All preprinted terms and conditions on CLIENT'S purchase order, Work Authorization, or other service acknowledgement forms, are inapplicable and superseded by these Terms and Conditions of Service. 30.5 CLIENTS execution of a Work Authorization, the submission of a start work authorization (oral or written) or Issuance of a purchase order constitutes CLIENTS acceptance of this Proposal and these Terms and their agreement to be fully bound to them. If CLIENT fails to provide ECS with a signed copy of these Terms or the attached Work Authorization, CLIENT agrees that by authorizing and accepting the services of ECS, it will be fully bound by these Terms as If they had been signed by CLIENT. Ver. 06/14/13 Appendix I: Moisture Intrusion Locations i 1 I Watn ka4ag< r<pwted at mu1191e Ywadoru tlueingre< Iraln menu. gwne wea lr-�%1 suY a<aeq ka4r,g o� w.arrn ts. joss. _ N -;-- A2.4-1 �IfV OF saxTA pH4 SA sNiA N CA SAA69 3AMAIIk LA 41701 5ANTA ANA LIBRARY RENOVATION W-TA-£BA.LU. i1az- 35jo A fA 3_T01 A2.4-2 13 ^1v aurreygee mg/co orn rn D<eiLoeported ceding Ller aLave endow xD MPAAR&,A�97 f SANTAANA LIBRARY RENOVATION N A2.4-3 EXHIBIT B CONSULTANT'S .PROPOSAL AND FEE SCHEDULE ECS Pacific, Inc. 3.1 Project Fees We recommend establishing a budget of $47,575.00 for the services described above. We propose to perform the Assessment and Design Review Phase services for the lump sum of $19,900.00 and to perform the Construction Administration Phase services on a time and expense basis. The Construction Administration Phase service Costs should be considered estimated allowances and can be considered "not -to -exceed" costs for this project without prior approval. Deviations from the assumed quantities and timeframes detailed in this proposal are not included and will be considered as an addition to our proposed scope of service. Costs for additional services will be calculated using the enclosed schedule of fees for additional services. Project Fee Qty Rate Unit Cost Assessment and Design Review Phase Document Review 1 $2,000.00 lump sum $2,000.00 Visual Building Enclosure 1 $6,200.00 lump sum $6,200.00 Assessment Assessment Report 1 $3,600.00 lump sum $3,600.00 Building Enclosure Design 1 $6,700.00 lump sum $6,700.00 Review Collaboration Meetings 2 $700.00 lump sum $1,400.00 Activity Total $19,900.00 Construction Administration Phase General Enclosure 45 $295.00 per hour $13,275.00 Consulting Quality Assurance 6 $2,400.00 per day $14,400.00 Observation Activity Total $27,675.00 Grand Total $47,575.00 Should conditions or observations indicate that additional work is necessary or warranted, we would notify you of the additional costs before modifying or expanding the extent of our scope of services. Before modifying or expanding the scope, you would be informed of our intentions for your review and authorization. The following schedule of fees will be utilized for additional services upon request. April 22, 2025 Page 4 ECS Pacific, Inc. Schedule of Fees for Additional Services Qty Rate Unit Cost Additional Services, Hourly Rates, and Unit Costs Quality Assurance 1 $2,400.00 per day $2,400.00 Observation (per visit) Principal 1 $335.00 per hour $335.00 Associate Principal 1 $295.00 per hour $295.00 Facilities Senior Associate 1 $200.00 per hour $200.00 Facilities Associate III 1 $185.00 per hour $185.00 Mileage 1 $0.70 per mile $0.70 3.2 Scheduling, Reporting, and Communication We are prepared to proceed with the scope of services listed above upon receiving written authorization. We are typically able to schedule to begin the field work within approximately one to two weeks of authorization. Verbal progress reports are typically available within approximately two business days after the conclusion of the field work, and assessment reports are typically available approximately two weeks after the conclusion of the field work. The ECS Project Manager will be the primary point of contact for handling all scheduling and communication of tasks, and will coordinate assessment, review, and deliverable timeframes, as needed. 4.0 PROPOSAL ACCEPTANCE If the scope of work as outlined above and the attached Terms and Conditions of Service are acceptable to you, please sign the Proposal Acceptance Form on behalf of Santa Ana Public Library and return one copy of the Proposal Acceptance Form to ECS. Please note that the attached Terms and Conditions of Service are incorporated herein by reference and are an integral part of this agreement between us. If the Client has a Subconsultant Agreement that you wish to execute with ECS that has not been agreed to before, ECS reserves the right to charge for the time required to fully review and negotiate agreeable terms, including fees from ECS' internal Attorney counsel. This proposal is valid for a period of sixty days; beyond that date it may be necessary to revise our schedule or fee. Fully completing and signing the attached Proposal Acceptance Form on behalf of Santa Ana Public Library will provide formal authorization for ECS to enter the site and perform the above work, as well as providing proper invoicing instructions and distribution lists for reports and correspondence. Please provide any specific instructions or details not covered in this proposal on the attached Proposal Acceptance Form. April 22, 2025 Page 5 ECS Pacific - Consultant Agreement APPVD AS TO FORM Final Audit Report 2025-05-20 Created: 2025-05-20 By: Dylan Dario (ddario@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAA7SiEWKb-Mgff839rhh1CmFgDsBJbDXqe "ECS Pacific - Consultant Agreement APPVD AS TO FORM" Hi story LJ Document created by Dylan Dario (ddario@santa-ana.org) 2025-05-20 - 7:52:51 PM GMT C� Document emailed to Brian Sternberg (bsternberg@santa-ana.org) for signature 2025-05-20 - 7:53:07 PM GMT 5 Email viewed by Brian Sternberg (bsternberg@santa-ana.org) 2025-05-20 - 8:07:03 PM GMT 6o Document e-signed by Brian Sternberg (bsternberg@santa-ana.org) Signature Date: 2025-05-20 - 8:07:33 PM GMT - Time Source: server C'. Document emailed to Andrew Weber (aweber@ecslimited.com) for signature 2025-05-20 - 8:07:36 PM GMT Email viewed by Andrew Weber (aweber@ecslimited.com) 2025-05-20 - 9:04:02 PM GMT 6o Document e-signed by Andrew Weber (aweber@ecslimited.com) Signature Date: 2025-05-20 - 9:04:24 PM GMT - Time Source: server Agreement completed. 2025-05-20 - 9:04:24 PM GMT Q Adobe Acrobat Sign ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/21/2025 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 CONTACT NAME: ArthurJ. Gallagher Risk Management Services, LLC HONN 14026 Thunderbolt PI Ext: 703-988-0900 (FAX,No:703-988-9498 (AMAIL ADDRESS: Randi_Swisher@ajg.com Chantilly VA 20151 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Federal Insurance Company 20281 INSURED INSURER B: Cincinnati Insurance Company 10677 ECS Pacific, Inc. 1299 Newell Place INSURERC: INSURERD: Suite 100 Walnut Creek CA 94596 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER:215096315 REVISION NUMBER: 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 POLICY EXP MM/DD LIMITS B X COMMERCIAL GENERALLIABILRY Y Y EPP0682849 12/1/2024 12/1/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR PREMISES DAMAGE TO ccurrence PREMISES Ea occurrence) $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � PECOT- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y EPP 0682849 12/1/2024 12/1/2025 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ 1,000,000 ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $1,000,000 X PROPERTY DAMAGE Per accident $1,000,000 HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLALIAB X OCCUR Y Y 78199114 12/1/2024 12/1/2025 EACH OCCURRENCE $5,000,000 AGGREGATE $ 5,000,000 EXCESS LAB CLAIMS -MADE DED X RETENTION $ n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE Y 71764183 12/1/2024 12/1/2025 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICE R/MEMBER EXCLUDED? FN] N /A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) RE: Project Info: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 — Main Library Renovation Project. City, its City Council, its officers, officials, employees, agents, and volunteers are included as Additional Insured on a primary and non-contributory basis with respects to General Liability, Automobile Liability coverage where required by written contract. A waiver of subrogation is granted in favor of the above -listed parties where required by written contract. 30 days prior written notice of cancellation (10 days notice for non-payment of premium). Umbrella Follows form. Tu Tran Digitally signed by Tu Tran Nguyen 0928oszo°oo7 N u en APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 9:27 am, May 27, 2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attention: Library Services, Dylan Dario 20 Civic Center Plaza, M-42 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 i` © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- son(s) or organization(s) is an additional insured only with respect to liability for: "Bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty 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 loca- tion of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b. "Bodily injury' or "property damage" caused, in whole or in pan`, by "your work" performed under that written contract or written agreement and in cluded in the "products -completed operations hazard", but only if: (1) The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard'; and (2) The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products - completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products -completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the "prod- ucts -completed operations hazard", this Paragraph b. does not apply to that person or organization. 2. If the written contract or written agree- ment described in Paragraph 1. above specifically requires you to provide addi- tional insured coverage to that person or organization: a. Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- graph A.1.b. above, whichever applies, is replaced by the phrase arising out of. 3. With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury', "property damage" or "personal C and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4. This Paragraph A. does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured -State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations 1. Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing, a contract, agree- ment, permit or authorization. 2. With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a. "Bodily injury', "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b. "Bodily injury' or "property damage" included within the "products - completed operations hazard." The insurance afforded to additional insureds described in Paragraphs A. and B.: Only applies to the extent permitted by law; and Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and B., the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the addi- tional insured is the amount of insurance: Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B.; or Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury' offense is com- mitted: During the policy period; and Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F. Except when G. below applies, the following is added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1. As otherwise provided in Section IV - Commercial General Liability Condi- tions, 5. Other Insurance, b. Excess In- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case, this insurance is also excess. H. G. The following is added to Section IV - Com- mercial General Liability Conditions, 5. Other Insurance, and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit' on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary to any other in- surance available to the additional in- sured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit' on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means any insurance provided by a con- solidated (wrap-up) insurance program. Section IV - Commercial General Liability Conditions, 9. Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce those rights. Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 3 of 3 COMMERCIAL GENERAL LIABILITY CG2001 0413 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 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 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. (❑) Specific Waiver Name of person or organization (❑x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 1 % percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: Authorized Representative 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.) Insured Copy ECSSOUT-03 BSOUTH r AC"J?", CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/22/2025 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 CONTACT NAME: PHONE (A/C, No, Ext): (703) 827-2277 FAX No):(703) 827-2279 Ames & Gough 8300 Greensboro Drive Suite 980 E-MAIL admin@amesgough.com McLean, VA 22102 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty Company CNA) A XV 20443 INSURED INSURER B : INSURERC: ECS Pacific, Inc 14030 Thunderbolt Place Suite 500 INSURERD: INSURERE: Chantilly, VA 20151 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICYEl PECOT- LOC PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Perperson) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liab. AEH254030538 6/15/2024 6/15/2025 Per Claim 1,000,000 A Professional Liab. AEH254030538 6/15/2024 6/15/2025 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project Info: Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, CA 92701 — Main Library Renovation Project 30-day Notice of Cancellation will be issued for the Professional Liability policy in accordance with policy terms and conditions. Professional Liability policy includes waiver of subrogation in favor of ECS Pacific, Inc's client only when required by written contract and in accordance with policy terms and conditions. Professional Liability is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. APPROVED City of Santa Ana Attention: Library Services, Dylan Dario 20 Civic Center Plaza, M-42 Santa Ana, CA 92701 f u f ran Nguyen at a:zf am, may zi, zuz5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Professional Liability and Pollution Incident Liability Insurance CNAPolicy 4. fully cooperate with the Insurer or the Insurer's designee in the defense of a claim, including but not limited to assisting the Insurer in: the conduct of suits or other proceedings, settlement negotiations, and the enforcement of any right of contribution or indemnity against another who may be liable to the Insured. The Insured shall attend hearings and trials and assist in securing evidence and obtaining the attendance of witnesses; 5. refuse, except solely at the Insured's own cost, to voluntarily make any payment, admit liability, assume any obligation, or incur any expense, without the Insurer's prior written approval; and 6. pay the deductible amount when due. After the Insured reports a circumstance or a claim is made and the Insured has the right under any contract to either reject or demand arbitration or other alternative dispute resolution process, the Insured shall only do so with the Insurer's prior written consent. C. The Insured's Rights and Duties in the Event of a Circumstance If the Insured reports a circumstance for which there may be coverage under this Policy, and the Insured gives the Insurer written notice containing as much detail as the Insured can reasonably provide regarding: 1. what happened and the professional services or activities the Insured performed; 2. the nature of any possible injury or damages; and 3. how and when the Insured first became aware of such circumstance, then any claim or related claims that subsequently may be made against the Insured arising out of such circumstance shall be deemed to have been made on the date the Insurer received written notice of the circumstance. The Insured will cooperate with the Insurer in addressing the circumstance, and refuse, except solely at the Insured's own cost, to voluntarily make any payment, admit liability, assume any obligation, or incur any expense without the Insurer's prior written approval. D. Subrogation If any Insured has rights to recover amounts from another, those rights are transferred to the Insurer to the extent of the Insurer's payment. The Insured must do everything necessary to secure these rights and must do nothing after a claim is made to jeopardize them. The Insurer hereby waives subrogation rights against any person or organization to the extent that the Named Insured has, prior to a wrongful act or circumstance, entered into a written agreement to waive such rights. E. Premium All premium charges under this Policy will be computed according to the rules, rates and rating plans that apply at the effective date of the current policy term. F. Examination and Audit The Insured agrees to allow the Insurer to examine and audit the Insured's financial books and records that relate to this insurance. The Insurer may do this at any time during the policy term or any extensions, and up to three years after the end of the policy term. G. Legal Action Limitation 1. The Insured agrees not to bring any legal action against the Insurer concerning this Policy unless the Insured has fully complied with all the provisions of this Policy. 2. If, after the final adjudication or settlement of a claim, there is any dispute concerning tort allegations against the Insurer regarding the handling or settlement of any claim, the Insured and the Insurer agree to submit such dispute to any form of alternative dispute resolution acceptable to both Form No: CNA79034XX (11-2022) Policy No: AEH254030538 Policy Page 13 of 17 Policy Effective Date: 06/15/2024 Underwriting Company: Continental Casualty Company Policy Page: 17 of 62 151 North Franklin Street, Chicago, IL 60606 Copyright CNA All Rights Reserved. AMES & GOUGH To Whom It May Concern: Re: Additional Insureds Please note that your professional liability carrier will not allow additional insureds on their professional liability policy form. (In fact, we are not aware of any professional liability carrier that will allow this.) While it is common to include third parties as additional insureds under general liability policies, it is not possible to do so under a professional liability form nor would it be in the additional insured's best interest. Keep in mind that the policy coverage applies to the named insured's rendering of professional design services and pays on behalf of the insured in the event of the insured's negligence in the rendering of those professional services. As a "third party" policy, a professional liability policy never pays to a named insured, but rather pays to correct damage to a third party caused by the named insured. Finally, the additional insured would not be able to collect under the policy because, simply put, an insured cannot make a claim against itself. If you have any questions, please do not hesitate to let us know. MG/aa Best regards, Matthew B. Gough Partner 8300 Greensboro Drive, suite 980 • McLean, 'Virginia 22102 Telephone (703) 827-2277 • Facsimile (703) 827-2279 E-Mail info@amesgough.com 711/20/2025 E(MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 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 NAME: Arthur J. Gallagher Risk Management Services, LLC PHONE Ext: 703-988-0900 FAX No:703-988-9498 14026 Thunderbolt PI (AMAIL Chantilly VA 20151 ADDRESS: Randi_Swisher@ajg.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Federal Insurance Company 20281 INSURED INSURERB:The Cincinnati Insurance Company 10677 ECS Pacific, Inc. 1299 Newell Place INSURERC: Suite 100 INSURERD: Walnut Creek CA 94596 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1824157663 REVISION NUMBER: 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD MM/DD B X COMMERCIAL GENERAL LIABILITY Y Y EPP0682849 12/1/2025 12/1/2026 EACH OCCURRENCE $1,000,000 DAMAGE S( RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence) ccurrence) $500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY� ECT1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y EBA 0682849 12/1/2025 12/1/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $1,000,000 OWNED SCHEDULED BODILY INJURY(Per accident) $1,000,000 AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $1,000,000 AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LAB X OCCUR Y Y 78199114 12/1/2025 12/1/2026 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$n $ A WORKERS COMPENSATION Y 71764183 12/1/2025 12/1/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FN] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE: Project Info: Santa Ana Public Library,26 Civic Center Plaza,Santa Ana, CA 92701 —Main Library Renovation Project. City, its City Council, its officers, officials,employees,agents,and volunteers are included as Additional Insured on a primary and non-contributory basis with respects to General Liability, Automobile Liability coverage where required by written contract.A waiver of subrogation is granted in favor of the above-listed parties where required by written contract.30 days prior written notice of cancellation(10 days notice for non-payment of premium). Umbrella Follows form. Digitally signed TU Tran byTuTran Nguyen Nguyen073720208008 APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 7:37 am,Dec 08,2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attention: Library Services, Dylan Dario 20 Civic Center Plaza, M-42 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ECSSOUT-03 BJONES '4CORO CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DDYYYY) 12/2/2025 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 CONTACT NAME: Ames&Gough PHONE 8300 Greensboro Drive (A/C,No,Ext):(703)827-2277 FAX No):(703)827-2279 Suite 980 ADMDRESS:admin@amesgough.com McLean,VA 22102 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company CNA)A XV 20443 INSURED INSURER B: ECS Pacific,Inc INSURERC: 14030 Thunderbolt Place Suite 500 INSURERD: Chantilly,VA 20151 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any oneperson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICYEl PECOT- LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED L $ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab. AEH254030538 6/15/2025 6/15/2026 Per Claim 1,000,000 A Professional Liab. AEH254030538 6/15/2025 6/15/2026 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project Info:Santa Ana Public Library,26 Civic Center Plaza,Santa Ana,CA 92701—Main Library Renovation Project 30-day Notice of Cancellation will be issued for the Professional Liability policy in accordance with policy terms and conditions.Professional Liability policy includes waiver of subrogation in favor of ECS Pacific,Inc's client only when required by written contract and in accordance with policy terms and conditions. Professional Liability is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 7:37 am,Dec 08,2025 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. Attention: Library Services,Dylan Dario 20 Civic Center Plaza, M-42 Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE Z ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG2001 0413 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (1) The additional insured is a Named Condition and supersedes any provision to the Insured under such other insurance; contrary: and Primary And Noncontributory Insurance (2) You have agreed in writing in a contract or agreement that this This insurance is primary to and will not insurance would be primary and would seek contribution from any other insurance not seek contribution from any other available to an additional insured under insurance available to the additional your policy provided that: insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or cluded in the "products-completed Contractors - Automatic Status For Other operations hazard", but only if: Parties When Required In Written Contract Or Agreement With You (1) The Coverage Part to which this endorsement is attached pro- 1. Section II - Who Is An Insured is vides coverage for"bodily injury" amended to include as an additional in- or "property damage" included sured any person or organization you within the "products-completed have agreed in writing in a contract or operations hazard'; and agreement to add as an additional in- sured on this Coverage Part. Such per- (2) The written contract or written son(s) or organization(s) is an additional agreement requires you to pro- insured only with respect to liability for: vide additional insured coverage included within the "products- a. "Bodily injury', "property damage" or completed operations hazard" "personal and advertising injury" for that person or organization. caused, in whole or in part, by the performance of your ongoing opera- If the written contract or written tions by you or on your behalf, under agreement requires you to provide that written contract or written additional insured coverage included agreement. Ongoing operations does within the "products-completed oper- not apply to "bodily injury"or"proper- ations hazard" for a specified length ty damage"occurring after: of time for that person or organiza- tion, the "bodily injury" or "property (1) All work, including materials, damage" must occur prior to the ex- parts or equipment furnished in piration of that period of time in order connection with such work, on for this insurance to apply. the project (other than service, maintenance or repairs) to be If the written contract or written performed by or on behalf of the agreement requires you to provide additional insured(s) at the loca- additional insured coverage for a tion of the covered operations person or organization per only ISO has been completed; or additional insured endorsement form number CG 20 10, without specifying (2) That portion of"your work"out of an edition date, and without specifi- which the injury or damage aris- cally requiring additional insured es has been put to its intended coverage included within the "prod- use by any person or organiza- ucts-completed operations hazard", tion other than another oontrac- this Paragraph b. does not apply to for or subcontractor engaged in that person or organization. performing operations for a prin- cipal as a part of the same pro- 2. If the written contract or written agree- ject; and ment described in Paragraph 1. above specifically requires you to provide addi- b. "Bodily injury' or "property damage" tional insured coverage to that person or caused, in whole or in part, by "your organization: work" performed under that written contract or written agreement and in a. Arising out of your ongoing opera- tions or arising out of"your work"; or Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- 2. With respect to the insurance afforded to tional insured endorsement that in- the additional insureds described in Para- cludes arising out of your ongoing graph 13.1., the following additional exclu- operations or arising out of "your sions apply: work"; This insurance does not apply to: then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- a. "Bodily injury', "property damage" or graph A.1.b. above, whichever applies, is "personal and advertising injury" aris- replaced by the phrase arising out of ing out of operations performed for the federal government, state or mu- 3. With respect to the insurance afforded to nicipality; or the additional insureds described in Para- graph A.1., the following additional exclu- b. "Bodily injury' or "property damage" sion applies: included within the "products- completed operations hazard." This insurance does not apply to "bodily injury', "property damage" or "personal C. The insurance afforded to additional insureds and advertising injury" arising out of the described in Paragraphs A. and B.: rendering of, or the failure to render, any 1. Only applies to the extent permitted by professional architectural, engineering or law; and surveying services, including: 2. Will not be broader than that which you a. The preparing, approving or failing to are required by the written contract, writ- prepare or approve, maps, shop ten agreement, written permit or written drawings, opinions, reports, surveys, authorization to provide for such addition- field orders, change orders or draw al insured; and ings and specifications; or b. Supervisory, inspection, architectural 3• Does not apply to any person, organiza- tion, state, governmental agency or sub- or engineering activities. division or political subdivision specifically This exclusion applies even if the claims named as an additional insured for the against any insured allege negligence or same project in the schedule of an en- other wrongdoing in the supervision, hir- dorsement added to this Coverage Part. ing, employment,training or monitoring of D. With respect to the insurance afforded to the others by that insured, if the "occurrence" additional insureds described in Paragraphs which caused the "bodily injury" or "prop- A. and B., the following is added to Section III erty damage", or the offense which -Limits Of Insurance: caused the"personal and advertising inju- ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi- ure to render, any professional architec- tional insured is the amount of insurance: tural, engineering or surveying services. 1. Required by the written contract, written 4. This Paragraph A. does not apply to addi- agreement, written permit or written au- tional insureds described in Paragraph B. thorization described in Paragraphs A. B. Additional Insured -State Or Governmental and B.; or Agency Or Subdivision Or Political Subdi- 2. Available under the applicable Limits of vision - Automatic Status When Required Insurance shown in the Declarations; In Written Permits Or Authorizations whichever is less. 1. Section II - Who Is An Insured is amended to include as an additional in- This endorsement shall not increase the appli- sured any state or governmental agency cable Limits of Insurance shown in the Decla- or subdivision or political subdivision you rations. have agreed in writing in a contract, E. Section IV - Commercial General Liability agreement, permit or authorization to add Conditions is amended to add the following: as an additional insured on this Coverage Part. Such state or governmental agency Automatic Additional Insured Provision or subdivision or political subdivision is an additional insured only with respect to op- This insurance applies only if the "bodily inju- erations performed by you or on your be- ry" or "property damage" occurs, or the "per- half for which the state or governmental sonal and advertising injury' offense is com- agency or subdivision or political subdivi- mitted: sion issued, in writing, a contract, agree- 1. During the policy period; and ment, permit or authorization. Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- As used in this endorsement, wrap-up insur- ten contract or written agreement, or the ance means any insurance provided by a con- issuance of a written permit or written au- solidated (wrap-up) insurance program. thorization, described in Paragraphs A. and B. Primary And Noncontributory Insurance When Required By Written Contract, F. Except when G. below applies, the following is Agreement, Permit Or Authorization added to Section IV - Commercial General Liability Conditions, 5. Other Insurance, Except when wrap-up insurance applies to the and supersedes any provision to the contrary: claim or "suit' on behalf of the additional in- sured, this insurance is primary to and will not When Other Additional Insured Coverage seek contribution from any other insurance Applies On An Excess Basis available to the additional insured described in This insurance is primary to other insurance Paragraphs A.and B. provided that: available to the additional insured described in 1. The additional insured is a Named In- Paragraphs A.and B.except: sured under such other insurance; and 1. As otherwise provided in Section IV - 2. You have agreed in writing in a contract, Commercial General Liability Condi- agreement, permit or authorization de- tions, 5. Other Insurance, b. Excess In- scribed in Paragraph A. or B. that this in- surance; or surance would be primary and would not seek contribution from any other insur- 2. For any other valid and collectible insur- ance available to the additional insured. ance available to the additional insured as an additional insured by attachment of an As used in this endorsement, wrap-up insur- endorsement to another insurance policy ance means any insurance provided by a con- that is written on an excess basis. In such solidated (wrap-up) insurance program. case, this insurance is also excess. H. Section IV - Commercial General Liability G. The following is added to Section IV - Com- Conditions, 9. Transfer Of Rights Of Re- mercial General Liability Conditions, 5. covery Against Others To Us is amended by Other Insurance, and supersedes any provi- the addition of the following: sion to the contrary: We waive any right of recovery we may have Primary Insurance When Required By Writ- against any additional insured under this en- ten Contract, Agreement, Permit Or Au- dorsement against whom you have agreed to thorization waive such right of recovery in a written con- tract, written agreement, written permit or writ- Except when wrap-up insurance applies to the ten authorization because of payrnents we claim or "suit' on behalf of the additional in- make for injury or damage arising out of your sured, this insurance is primary to any other ongoing operations or "your work" done under insurance available to the additional insured a written contract, written agreement, written described in Paragraphs A. and B. provided permit or written authorization. However, our that: rights may only be waived prior to the "occur- 1. The additional insured is a Named In- rence" giving rise to the injury or damage for sured under such other insurance; and which we make payment under this Coverage Part. The insured must do nothing after a loss 2. You have agreed in writing in a contract, to impair our rights. At our request, the insured agreement, permit or authorization de- will bring "suit' or transfer those rights to us scribed in Paragraph A. or B. that this in- and help us enforce those rights. surance would be primary to any other in- surance available to the additional in- sured. Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 3 of 3 Professional Liability and Pollution Incident Liability Insurance CMAPolicy 4. fully cooperate with the Insurer or the Insurer's designee in the defense of a claim, including but not limited to assisting the Insurer in: the conduct of suits or other proceedings, settlement negotiations, and the enforcement of any right of contribution or indemnity against another who may be liable to the Insured. The Insured shall attend hearings and trials and assist in securing evidence and obtaining the attendance of witnesses; 6. refuse, except solely at the Insured's own cost, to voluntarily make any payment, admit liability, assume any obligation, or incur any expense, without the Insurer's prior written approval; and 6. pay the deductible amount when due. After the Insured reports a circumstance or a claim is made and the Insured has the right under any contract to either reject or demand arbitration or other alternative dispute resolution process, the Insured shall only do so with the Insurer's prior written consent. C. The Insured's Rights and Duties in the Event of a Circumstance If the Insured reports a circumstance for which there may be coverage under this Policy, and the Insured gives the Insurer written notice containing as much detail as the Insured can reasonably provide regarding: 1. what happened and the professional services or activities the Insured performed; 2. the nature of any possible injury or damages; and 3. how and when the Insured first became aware of such circumstance, then any claim or related claims that subsequently may be made against the Insured arising out of such circumstance shall be deemed to have been made on the date the Insurer received written notice of the circumstance. The Insured will cooperate with the Insurer in addressing the circumstance, and refuse, except solely at the Insured's own cost, to voluntarily make any payment, admit liability, assume any obligation, or incur any expense without the Insurer's prior written approval. D. Subrogation If any Insured has rights to recover amounts from another, those rights are transferred to the Insurer to the extent of the Insurer's payment. The Insured must do everything necessary to secure these rights and must do nothing after a claim is made to jeopardize them. The Insurer hereby waives subrogation rights against any person or organization to the extent that the Named Insured has, prior to a wrongful act or circumstance, entered into a written agreement to waive such rights. E. Premium All premium charges under this Policy will be computed according to the rules, rates and rating plans that apply at the effective date of the current policy term. F. Examination and Audit The Insured agrees to allow the Insurer to examine and audit the Insured's financial books and records that relate to this insurance. The Insurer may do this at any time during the policy term or any extensions, and up to three years after the end of the policy term. G. Legal Action Limitation 1. The Insured agrees not to bring any legal action against the Insurer concerning this Policy unless the Insured has fully complied with all the provisions of this Policy. 2. If, after the final adjudication or settlement of a claim, there is any dispute concerning tort allegations against the Insurer regarding the handling or settlement of any claim, the Insured and the Insurer agree to submit such dispute to any form of alternative dispute resolution acceptable to both Form No:CNA79034XX (11-2022) Policy No:AEH254030538 Policy Page 13 of 17 Policy Effective Date:06/15/2024 Underwriting Company:Continental Casualty Company Policy Page: 17 of 62 151 North Franklin Street,Chicago, IL 60606 Copyright CNA All Rights Reserved. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. (❑) Specific Waiver Name of person or organization (❑x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 1% percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: Authorized Representative 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 12-01-25 Policy No. 71764183 Endorsement No. Insured ECS PACIFIC, INC. Premium $ Incl . Insurance Company Federal Insurance Company Countersigned By WC 90 03 75 (05/18) Producer Copy