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HomeMy WebLinkAboutFINELINE ELECTRIC (FINELINE PRODUCTS INC.) INSURANCE ON HLF WORK MAY PROCEED UNAL f Jkf,IVCF Fx s Q i 2' A-2025-167-01 .ATY CLERK DATE: OCT 2 O zm °i PWA (z) Phi l Neff(DZ) AGREEMENT WITH FINELINE ELECTRIC TO PROVIDE ON-CALL ELECTRICAL CONTRACTOR SERVICES THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between. Fineline Products,Inc.,a California corporation doing business as Fineline Electric("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The City issued Invitation for Bids (IFB) No. 25-069A, by which it sought contractors to provide on-call electrical contractor services on behalf of the City of Santa Ana's Public Works Agency, B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in IFB No. 25-069A and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four(4) vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terins and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and in the City's sole discretion, Contractor 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 Scope of Services-Exhibit A,attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under IFB 25-069A.The total compensation for these services provided by all such contractors selected under IFB 25-069A shall not exceed the shared aggregate amount of Three Million, One Hundred and Fifty Thousand Dollars ($3,150,000) Page Iof10 during the term of the Agreement, including any extension periods. 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 Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers, Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation, Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor'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 for a three (3) year term with the option for the City to grant up to one (1)two-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES PRE,VAILIFNG WAGE Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq„ as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works"and"maintenance"projects. If the services being performed are part of an applicable"public works"or"maintenance"project,as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend., indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow tho City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such.services. Contractor shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, Page 2 of 10 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications,studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time,provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement,Contractor 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 may arise from or in connection with services,products and materials supplied to City.Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the rollowing minimum amounts and shall be at least as broad as; 1. Commercial General Liability (CGL); Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $,000,000 aggregate. 2. Anoomobile Liability (AL); Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits,which can be less than$1,000,000. 3, Workers' Compensation: as required by the State of California, with Statutory Limits, and EmpIoyer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees, If Contractor 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 Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 3 of 10 Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1, CGL and AL policies: City of Santa Ana, its City Council,its officers,officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance cornpany(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 Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor'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. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor'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. 5. Each 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. Tan (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701. The naive and location of project must be included in the Description of Operations section of each certificate, Self-Insured Retentions Self-insured retentions roust be declared to and approved by the City. The, City may require the Contractor 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.lMest rating of no less than A:VII,unless otherwise acceptable to City. Verification of Coverage Contractor 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 Contractor's obligation to provide them, Page 4 of 10 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3.If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three(3)years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. 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. R. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees,contractors,special counsel,and representatives from liability: (1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury,damages,just compensation,restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered,or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or efforts, arising from this Agreement. The Contractor further agrees to indemnify,hold harmless,and pay All costs for the defense of the City, including fees and costs for special counsel to be selected by the City,regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, gust compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.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 Contractor. 9. INTELLECTUAL PROPERTY INDEIVIMFICATION Page 5 of 10 Contractor 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 Contractor to the City pursuant to this Agreement. 10, RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3)years from the date of final payment to Contractor under this Agreement. 11. CONIC,IDENTIALITY ff Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care, "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means, Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly availablc sources;(b) is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONVIGICT OF, INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code,whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct Page 6 of 10 or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards,to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above.If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create'a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to,identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b)and(c)above. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color,creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry,or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, ritilization, promotion,termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSWITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not he modified except by written instrument signed by the City and by an authorized representative of Contractor, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions horoof, shall not bind or obligate Contractor or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any parry, or anyone acting on behalf of any party, which is not embodied herein. Page 7 of 10 hi 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. 20. NOTICE Any notice,tender,demand,delivery,or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O.Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.Q.Sox 1988 Santa Ana, California 92702 To Contractor: Fineline Electric Attn: Shadi Tarnadon,President 15375 Barranca Parkway, Suite 1-105 Irvine, CA 92618 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 now 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 snail, 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. It. MISCELLANEOUS PROVISIONS a. Each undorsigned 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 Page 9 of 10 or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incoiporated as if fiilly set forth in the body of this Agreement. IN WITVESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST; CITY O ALIT A L41 i er . Hall Alvaro Nunez City Cle City Manager APPROVED AS TO FORM: SONIA R. CARVALHO FINELINE ELECTRIC. City Attorney r ShCha,JI D ig ital ly sig n ed by adi Shadi Tamadon frf ,r i Date:2025.09.16 By: / fL.-L '/G(% �rlJ Tamadon 08:3137 07'00' a Kyle' >kllesen Shadi Tamadon Assistant City Attorney President RECOMMENDED FOR APPROVAL: odolfa osas. P. A-efincy x ve Director Public Works Agency Page 10 of 10 EXHIBIT A SCOPE Or SERVICES E (9) SCOPE OF WORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Electrical Contractor services on an "as-needed" basis, at various locations throughout the City of Santa Ana. per ATTACHMENT A. The initial contract shall be for a three(3) year period with provisions for one (1) additional two-year renewal option. All pricing shall remain firm for the initial contract period. B. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional resources necessary to provide general electrical repair services throughout the City, including computer room circuits, installing and re-routing conduit, installing switches and receptacles, testing, and other upgrades, installations and replacements for City components and infrastructure on an as-need basis. All City buildings are covered Linder this contract. The selected firm(s) must be available to respond to the City's request for Services twenty-four (24) hours a day, seven (7) days a week. The Contractor shall provide all services in accordance with the current state adopted codes, and repair service laws or ordinances, and all rules and regulations of health, public and/or other authorities controlling or limiting the methods and materials to be used, or the actions of those engages in this kind of work. GENERAL WORK DESCRIPTION AND REQUIREMENTS: 1. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions. 2. The Contractor must give immediate notice to the Facilities Maintenance Manager, or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply in every respect with Building Laws, City Regulations, Code Requirements (City & State). 4. All equipment, materials, etc. specified to be removed from the site shall become property of the Contractor, unless otherwise stated. 5. All repair work and jobsites will be left in a "broom swept" clean, safe, and workable condition. 6. In the event of accidental site damage, it will be the responsibility of the Contractor to return the site to its original condition, at no cost to the City. 7. Contractor shall keep all jobsite work areas free from accumulations of waste material or rubbish caused by Contractor employees and their work. At the end of each day at City of Santa Ana 11713 No. 25-069A Page 3 of 20 SCOPE OF WORK l�r a site, Contractor shall remove all rubbish, debris, tools, equipment and materials from a project and shall leave work area "broom clean" or equivalent unless more exactly specified by the City Representative. 8. Contractor shall comply with all hazardous materials disposal laws, rules, regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. 9. The contractor shall adequately secure and protect his/her own tools, equipment, materials and supplies. The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10, In submitting a bid, the Contractor, agrees all work under this contract is to be performed by the Contractor's own workforce. The Contractor shall not assign or subcontract any work, or any part thereof, without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11, Contractor shall provide written, "not to exceed" estimated at no charge to the City as requested. This estimate shall include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two (2) working days and provide written estimates within five (5) days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12. In the event the work performance of the contactor is unsatisfactory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. 13. Contractor shall be able to install Cats cables and certify in writing. C. DELIVERY REQUIREMENTS AND LOCATION(S) 1. Please see Exhibit 11. D. CARB FLEET REGULATIONS: The California Air Resources Board ("CARB") implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca..qov/sites/def_aLlIt/files/barcu/regact/2022/off-roaddiesel/appa-1.ndf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City of Santa Ana IFB No. 25-069A Page 4 of 20 EXHIBIT II COMPENSATION e ATTACHMENT A BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein. 1 Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90)days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited to direct and indirect costs for labor, overhead insurance business expenses, incidental supplies mileage, fuel/fuel surcharges, and„any other miscellaneous charges. LABOR RATES FOR THE INITIAL CONTRACT PERIOD SEPTEMBER 2025-AUGUST 2028 (3 YEAR CONTRACT] Electrician Services: As defined by Scope of Work Provisions in California DIR General Prevailing Wage Determination ORA-2020-2 DESCRIPTION.- r PER HOUR Joumeymen Hourly Rate for Regular Business Hours: 132.00 1 Mondaythroe h Frida , 8:00am--5:06 m $ Joumeymen After Hours Hourly Rate, 5:01 pm-7:59am(Including 158.00 2 Weekends and Holidays) $ Journeymen Hourly Rate for Emergency After Business Hours 3 Mondaythrough Friday, 5:00 m--8:00am $ 1 s4.0o General Helper Hourly Rate for Regular Business Hours, 4 Monday throe h Friday, 8:00am-5:00 m $ 88.00 General Helper After Hours Hourly Rafe,5:01pm—7:59am(Including 98.00 5 Weekends) $ General Helper Hourly Rate for Emergency After Business Hours 105.00 6 Monday throe h Friday, 5:00 m-8:00am $ Percentage Mark up for Materials,Supplies,and Parts(for exercisable 15% 7 renewal options) Nate: Include all miscellaneous costs in Regular and After-hours rates. (E.g, equipment, truck, etc.) NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED. PRICING.SHALL ALSO 8E MEKED IN PLANETSIDS. City of Write An@ IF1 Na, 25-069A ATTACHMENT B {, BIDDER'S STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Coy Full Legal Name: Fineline Products, Inc. DBA, F'ineline Electric Business Address: 15375 Barranca Pkwy Suite 1-105 Irvine CA 92618 ; Southern Califomia Address. (if different) Website Address: www.finelineEC.com Length of time firm has been in business: 3 Years Type of business: S-Corp If incorporated, California (LL0. Partnership, or Corporation) State of Incorporation: LOCAL VENDOR PREFERENCE I Please check the applicable category below. City of Santa Ana Business License Number: i ❑"Small" Santa Ana Business (7% preference) d"Small"Orange County Business (4% preference) El o Orange Count City, Irvine Other Santa Ana Business (1 /o preference) 9 Y tY� ❑ None Apply Business License No. 250000183 I PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE) CSLB Number(s): 1095531 DIR Registration Number: Contractors License Classification(s): C-1 [} DIR PW-LR-1000965386 PROJECT MANAGER CONTACT INFORMATION Name. Phone: Email- Joey Parra 949-633-0001 1 Parra@finelineEC.cam CONTRACT ADMINISTRATOR CONTACT INFORMATION (insurance and other administrative questions) Name:Shadi Tamadon Phone'949-633-0001 Email' stamadcn@finelineEC.com BIDDERS STATEMENT: With my si ture I confirm that I am authorized to bind the company. By submitting this Bid, I confirm have read u derstand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will transf4a�dlir all goods to the City in accordance with said terms and conditions. President i nature Title Attach I t B City of Santa Ana 1 Purchasing Page 1 of 2 �Q CERTIFICATE OF LIABILITY INSURANCE NAR'` AW" 0012412025 THIS I bAT1 IS i8$UEI1 A$A-NATTER OF INFORMATION ONLY AND CONFRB NO RIGHTS UPON THE CERTIFICATS HOLDER.THIS CERTIFICATE DOER NOT AFFIRMATIV9LY OR N90ATIVELY AMOND, EXTEND OR ALTER THE COVERAGE AFFORDED RY THE POLIOIES BELOW. THIS CERTilnCtA*M OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THII I8SUING INSURER REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, ($),AUTHORIZED IM RTA Nse comgcato ho er Is tan ADDITIONAL.INSURED,the Po6cy(Io8)mast have ADDITIONINSURED Provlslcns or bo endorsed, If SUBROGATION IS WAIVED,sabjeat to The torms and conditions of the policy,cortain V01101es may regutre an endorsement. A statement on this Certificate daee not cenfer rights to the certtflcats I 1 r In Ilea of such endorsement(a. PMUOPA 310.659.4950 c Nla Insurance Agenoy Inc 6ic#0888707 0. if) 960 11041 Santa Monica Blvd#719 ElchelleNhat ir3101 a 08 nsurancaea en .cam Los Angeles,CA 9OD25 s AtPenC1 as yptq ua Lrba Mutual Insurance Coat an 23043 "� ZMMR a 1 Kemper Auto egg Flneline Products Inc.dba:Flnellne Electric 2 1 3ecurl Natlonal insurance Carts an 19879 3943 Irvine Blvd#49 Irvine,CA 92602 urtart COVERAGE — CURTIFICATR NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICI OF INSUiZANGE LISTED BELOW HAVE BEEN 18OU 70 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N•otWIrHSTANDING ANY RE4UlREAt>?NT,TERM OR CONDITION OF ANY OONTRAOT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEMN IS BWwECr TO ALL THE IMM3, EXCLt=xS AND CONDITIONS OF SUCH POLICIES.UtATS SHOWN MAY HAVE BEEN REDUCED OV PAID CLAIMS, 121- TYPBOP11I6URANGF! RUN.go H Pa uU n LIMIg .oer AetLmr t/ ¢ACH�a 100000 0n A ®c otxun s s00 nos. EILS(20)66 2147 49 09119/2025 0911W/2026 Pate aw :s 000. eAs,►auuaY 1000,M. ss9n.Agars&s�A"Jr:pu�aptraPPt.�,yPSRt Aoc�oA�e i 2 00000. ✓ ' 1_.l,1CCT ❑LOC PRQtIIICYB.COINPnCAAfifl : Qua tins. AtROdi08tLe tfA911JrY ANYpUTO13 SODt1.YU4J111tY(Norpencnl i WONLY We 50006403001 01MM026 n11,1912020 0MYINJUBY(Plcrrta0&A Is AUMONLY ✓ WNLY i a A ✓ examum [gaamm8w— ESAM214740 O9119025 091tW=Q eaaltaoalRReHca s 4,000,000. ►movesax ✓ s 4AIErm MIA TWC4650615 08/12/2026 06112r2026 lm>rt.aaoH annar 1On0000. VAm�lq.o"ae s 100n000. S OMbIfibneBLS(26)06 2147 40 09/1 09110 2026 $1,00%000.umtt A Properly&EgL1lFment st jobtiita BMO(26)66 2147 49 C810 01il VU26 MOA00.unit A Equl sntRentedAmsed BiVw 6 65214749 11MIRE- 08 10il2026 $100,000.LIndl eSa4RtPT:aNOP0P8RA�N8rloCAl�HarY6Nl�e{ACG1�7a1,Ad�planWRamorkrSohart�[c,�grho�tGwhodNmorospaaolr�aq�drad) •01 its 5I ned by 30 Days Notice of Cancellation for non-payment of Premium. Tu Tra n Tu ra t N9 yen Pate. 025.10.06 Nguyen 12:25:5- APPROVED CER TTd HOLDER CANCELIA CN Bp Tu fran l�griiyts t r2 �pnr-Oct`t18-2Q26 City of Sans,Puldra Work Agen*Parks,Ph-wit Faellllies &Refuse SerAce8 BHOULO AHY OF THH ABLY$DESCRIBED POUCIUS BH CAMOMI BD BEFORE 20 Civic Center Plena M-11 THU MWIRATION DATE THEREOF, NOTICE WILL BH OMMROD IN Santos Ana,CAti2701 ACCORDANCEWIt ilrHEPOUCYPROVIGIONS. AVO M I)ROPa88ta9rAi1Y Mlc all ® 98 01$AC liPORATTON. All rights reserved. ACORD 211(2010103) The ACORD name and logo are registered marks f ACORD , Ac CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIffM 10/06/2025 THIS CERTIFQITE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFtCA3il 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 paitcy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 16 WAIVED,sub)dct to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer ri hte to the certificate holder In Ilou of ouch endorsements. PRODUCER 310.659.4950 Michelle Nia Nia Insurance Agency Inc.Llc#0688707 . 310.659.4960 VACISI.,11041 Santa Monica Blvd#718 michelle niainsurancea enc .Com Los Angeles,CA 90026 INSURERS WORDINGCOVGRAGE "me0 INJURER A.Libertym Mutual Insurance Co an 23043 INSURED INeurand:Kemper 22268 Fineline Products Inc.dba: Flneline Electric INSURERC:Security National Insurance Company 19879 3943 Irvine Blvd#49 INBURER0: Irvine,CA92602 INSURERaI INSURE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED 13ELOW 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 T1413 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. ADD SUOR!, R TYPEOFINSURANCI* wun POLICYNUME;f R PPPOLICY MwLIMITS ✓ COMMERCIALOENERAL LIABILITY ✓ r/ EACH OCCURRENCE a 1,000.000. A CtANSQADE ®OCCUR IYAMAGUT5PREMISES(Ea qwIjMnCQ$ ,0 :Soo 000. ED EXP An ono tson $6.000. BLS(25)65 2147 40 09/1912026 09/1912026 PERSONAL&ADV INJURY s 1,090.000, GEiNL AGGREGATE LIMIT APPUBGPO, GENtRALAGGREGATE s2000,000. ✓ POLICY❑j�,O�' 0 LOG PRODUCYs•COMP1pPAss s 2,000,000. OTHER! $ AUTOMOBILHLIAMLITY ✓ G $1 000.000. ANY AUTO 50005403001 01/2912025 01129/2026 BODILY IN.FURr(Par pown) 5 B AUTMONLY ✓ AUTOSU D BODLLYINJURY(Par scddoa!) ; `/ HIRED NON-OWNED PROPERTY E $ AUTOS ONLY AUTOS ONLY UMORELLAUAS ✓ OCCUR ESA(25)2147 49 09/1912025 09119/2026 EACH OCCURRENCE 4.000.000. A ✓ FXC498LI" CLAIMS.�ryE AGGREGATE $4,00D,000. ✓ DED I I RETENTION S 5 WORKERS COMPENSATION AND ENPLOYERSYIIaIL" YIN OW01/2026 OSMI/2026 ✓ 000. C oFANFcRQERPi�IE seR cC�O'TIYa NIA ✓ IWC4650615 E.L.FAUN ACCIDENT s1,00D, {MandwarylaRRI E.L.DISPJISG-EAEMPLOYEE 91000,000, � a OFoESOMPTlOPERATIONS below E.L.rnepiwe-POLICY LIMIT 81.000.000. A Errors&Omissions BLS(25)65 2147 49 09119/2025 09/1912026 $1.000,000.Limit A Property&Equipment at dobsite BMO(26)65 2147 49 06/01/2025 06101/2026 6100,000.LUnit A Equipment Rentefteased BMO(25)65 2147 49 06101=6 06101/2026 $100,000.Limit DESCR[PTW N OF OPERATIONS I LOCATIONS!VEHICLES tACORD 101,A014Wmal Remarks Sahadula,may bo aaachad IFmora sywas Is rsgslradl Waivers of Subrogation are executed for General Liability, Worker's Compensation and Commercial Auto. City of Santa Ana-Human Resources Is Additional Insured per attached endorsement. 30 Days Notice of Cancellation for Cancellation of all policies: General Liability, Worker's Compensation and Commercial Auto City of Santa Ana, Its City Council , officers, officials, employees and agents and volunteers are Additional Insured per attached endorsement. CERTIFICATE HOLDER CANCELL.A ION City of Santa Ana-Human Resources Department 20 Civic Center Plaza SHOULD ANY OF THE ABOVE DESCRIBED POLICIES B9 CANCELLGD BEFORE Santa Ana,CA&2701 THE EXPIRATION DATE THEREOF, NOTTCS WILL Bid OULIVEREO IN ACCORDANCE WITH THE POLICY PR IONS. AUTHORIZ"REPRBS101 E I ell is ® 2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy,We will not enforce our right against the person or organization named In the Schedule.(This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged In the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. 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 8/12/2025 Policy No. TWC4650616 Endorsement No. 0 Insured Finellne Electric Co Premium$ 1,410 Insurance Company Technology Insurance Company, Inc. Countersigned by WC 04 03 06 (Ed.04-84) Policy Number,50006403001 Insured: Fineline products Inc.dba: Fineline Electric Insurance Company; Kemper THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: SCHEDULE City of Santa Ana,Its City Council,officers,officials,employees,agents and Volunteers. 20 ClAc Center Plaza Santa Ana,CA 92701 WHO IS AN INSURED(Section II-Who is An Insured, is amended to Include as an Insured to any person or entity or organization shown in the Schedule,but only with respect to liability arising out of"your work"for that Insured by or for you. 1. Waiver of Subrogation If required by written contract or agreement;We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement,to indemnify the additional Insured for damages,claims,arising out of"your work"done under a contract with that person or organization. 2. "Your worle and"your"refer to the Named Insured shown in the Declarations."Your work"means work or operations performed by you or on your behalf,and materials and parts,equipment furnished In connection with such worts or operations. 3. The Following additional provisions apply: Section IV Conditions,Condition 2. INSURED'S DUTIES IN THE EVENT OF OCCURRENCE,OFENSE, CLAIM OR SUIT of the policy is amended to include: An Additional insured under this endorsement shall in addition to complying with all provisions of the Policy. A. Give written notice to us of an occurrence or offense which may result in a claim or suit within thirty (30)days notice to the additional insured. B. Give written notice to us of a claim or suit brought against the additional insured within thirty(30) days of the additlonal Insured being served with the claim or suit. C. Give written notice to any other insurer who has or may have coverage under its policy or policies for a claim,suit or demand for defense or Indemnity within thirty(30)days of the additional Insured being served with the claim,suit or demand the full coverage available under the policy.The additional Insured will not waive or limits such other coverage available to it. D. This endorsement is subject to all terms,conditions and exclusions of the policy which remain unchanged. CG 2010 07 04 Rev.0311=020 All Rights Reserved COMMERCIAL GENERAL LIABILITY, CG 88 10 04 13 � THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. \ COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY-ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMIT'S OF INSURANCE" g WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES g NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 19 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 8 t With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and � 4. It is not beingused to carry n'Y persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the Insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically In excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. -� B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g.Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that Is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liabil- Ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess insurance: The Insurance afforded by this provision of this endorsement is excess over any property Insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (TenanFs Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to; (1) Premises rented to you for a period of 7 or fewer consecutive days; or (11) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. m 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 0 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of Insurance applies to Damage To Premises Rented To You as described in Section III-Limits Of Insurance. 2. Paragraph 6. under Section III-Limits Of Insurance is replaced by the following: $. Subject to Paragraph S. above, the Damage To Premises Rented To You Limit Is the most we will pay under Coverage A for damages because of"property damage" to: a. Anyone premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are Included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C-Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1,01. Is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us In the Investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional Insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, In the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or 19 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has Issued a permit subject to the following additional provisions; (1) This Insurance does not apply to "bodily Injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the. "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. III However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional Insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph Ca. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. 2013 Liberty Mutual Insurance CG 86 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or"property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, Including-. (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications: or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. 'Bodily Injury" or"property damage" occurring after; (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the Injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured Is required by a contract or agreement, the most we will pay on behalf of the additional Insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional Insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional Insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 0 2013 Liberty Mutual insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 5 of 8 b. The following Is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance Is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this Insurance is excess over any other Insurance whether primary, excess, contingent or on any other basis for which the additional Insured has been added as an additional Insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional Insured under any form or endorsement under this policy. r� 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional Insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this Insurance to us; lam' r b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional Insured; and c. Agree to make available any other Insurance which the additional insured has for a loss we cover under this Coverage Part. d, We have no duty to defend or Indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified In a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section ILL - I-imits of Insurance of this policy, whichever are less. These limits are Inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL, ERRORS 1 MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11-Who Is An Insured is replaced with the following: (1) "Bodily injury" or"personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, patent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a)above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not In the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d))does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or"personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily Injury" or "personal and ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which Is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused In whole or in part by their Intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section 11-Who Is An Insured is replaced by the following, 3. Any organization you newly acquire or form and over which you maintain ownership or majority Interest, will qualify as a Named Insured if there Is no other similar insurance available to that organization. However. a. Coverage under this provision Is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an Insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following Is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties in The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not In itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 -Who is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your stale. O. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3. is replaced by the following: 3. "Bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. m 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTYDAMAGE Exclusion a, of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A -- CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans- e fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a I contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8