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HomeMy WebLinkAboutEBS GENERAL ENGINEERING, INC. (2)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES STD AX A-2023-076-02 CITY CLERK DATE: AGREEMENT WITH EBS GENERAL ENGINEERING, INC., TO PROVIDE ON -CALL 9':l2i LA�I EMERGENCY ASPHALT AND PCC SERVICES FOR THE CITY OF SANTA ANA PUP. �NicHuct�i THIS AGREEMENT is made and entered into on this 2nd day of May, 2023 by and between EBS General Engineering, Inc., a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of o California ("City"). "P RECITALS 0 -:—i A. On January 18, 2023, the City issued Request for Proposal ("RFP") No. 22-096, by which it sought qualified contractors to provide on -call emergency asphalt and PCC services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-096. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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: I. SCOPE OF SERVICES On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 22-096, which is attached as Exhibit A, and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of six (6) contractors selected to provide emergency asphalt and PCC services on an on -call basis under RFP 22-096. The total compensation for these services provided by all such contractors selected under RFP 22-096 shall not exceed the shared aggregate amount of Three Million, Dollars and Zero Cents ($3,000,000) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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 May 1, 2026, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2), one-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. •6. OWNERSHIP 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 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. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (4) Professional Liability (Errors and Omissions): if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and a $2,000,000 aggregate. (5) Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions (1) Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). (2) Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (3) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (5) Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require 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. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. (6) Claims Made Policies (applicable only to professional liability): The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. (7) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (8) Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (9) Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 3804 13. (10) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, 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 effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 INDEMNIFICATION 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. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 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, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY 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 be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(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 Contractor 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. 17. 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. 18. 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. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5635 To Contractor: Joseph Nanci, Vice President EBS General Engineering, Inc. 1345 Quarry Street, Ste 101 Corona, CA 92879 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: nnifer Hal Clerk o ounc' APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Brandon Salvatierra Deputy City Attorney RECO 31ENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager EBS GENERAL ENGINEERING, INC., EXHIBIT A CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC Appendix ATTACHMENT 1: SCOPE OF WORK CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC SCOPE OF WORK Introduction and Back round: The City of Santa Ana (City) desires to enter into an agreement with a qualified construction company for the repair of roadway asphalt concrete and concrete, and/or other infrastructure within the public right of that may experience failures within the term of the agreement on an on -call and emergency work for general improvements, on an as needed, Task Order basis. DESCRIPTION OF WORK: The scope of work will vary per Task Order within the public right-of-way. It may include, but not be limited to, the procurement and/or removal of materials, excavation, installation, backfill, compaction, grading, sidewalk and paving, curb and gutter, fencing, guardrail, barrier, and pavement markings,striping, signs, sign posts and miscellaneous other street furniture, and repairing various items within the public right-of-way, traffic control, mobilization, compliance with this agreement and all other work necessary to complete on -call emergency Task Orders specified per incident. The work completed shall be in compliance with the City's Standard Plans, Caltrans Standard Plans and the "Greenbook" and Caltrans' Standard Specifications and as specified in this agreement. Work shall also be in compliance with the City's Standard Plan No. 1160, "Street Work and Utility Permit General Provisions." QUANTITIES FOR FEE SCHEDULE (UNDER SEPARATE COVER): For the purposes of providing a Fee Schedule based on the below Sample Task Orders, the following work items and quantities are provided. The Fee Schedule in Attachment 5: Each Fee Schedule shall include a schedule of the hourly billing rates for ALL contractor and subcontractor staff and labor personnel. Additionally, for each discipline that a company seeks to be considered, the below table(s) shall be completed. For example, if a General Contractor is submitting for Asphalt Concrete and Concrete Work, Sample Task Orders A and B would both be required to be completed as part of the Fee Schedule. Each table shall include the filling in of the last two columns for the relevant sample task orders for whichever category(ies) are being submitted for consideration. However, actual work will be paid for as described in Section I.A. "Nature of Work." Sample Task Orders for Asphalt Concrete and Concrete roadway and sidewalk and related work are, respectively: Sample Task Order A - Asphalt Concrete Item Description Qty Unit Unit Price Total I Unclassified Excavation 550 CY 2 AC Pavement 130 TN 3 Furnish and Install #6 Pullbox 4 EA 4 Adjust Manhole to Finished Grade 5 EA 5 PCC Curb and Gutter Tye A-2-8 1o0 LF 6 Signing and Striping I LS 7 Traffic Control Work I LS Page 1 of 8 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC Sample Task Order B - Concrete Paving Description Qty Unit Unit Price Total d Excavation 550 CY alk T=4") WPCC 2,500 SF am 3,000 SF and Gur T e A-2-8 100 LF Install #6 Pullbox 4 EA 6 Ad ust Manhole to Finished Grade 5 EA 7 Catch Basin (Type "B," W=10' ) I EA 8 Remove and Replace 30" Reinforced Concrete Pie 75 LF 9 Guard Rail Replacement (Caltrans RSP A77N4) 50 LF 10 Guard Rail Replacement Termination Caltrans) 1 EA I Remove and Replace Chain Link R/W Fence 50 LF 12 Concrete Barrier T e 836 Caltrans 50 LF 13 1 Traffic Control Work 1 I US SURETY BOND For each Task Order Issued by Public Works Agency, the City mayor may not require the Contractor to provide cash deposit or surety "Payment" and "Performance" bond. Depending upon the size, nature and risk of the work, the City may use the amounts specified by the "Greenbook," surface drainage or street improvement plan measurements, or the approved itemized cost for each On -call or Emergency Task Order to calculate bond amounts, if any. Task Order work shall be per the City's Standard Plans, As -Built Plans, or other direction from the Public Works Agency. If required for a Task Order, the cash deposit or the surety bonds shall guarantee the construction of all necessary improvements for the Task Order, however, Bid Bonds were not required at the time of the submittal of RFP Proposal. For Task Orders, the City also reserves the right to retain 10% of progress pay amounts for the one-year warranty work. If so, the cash deposit shall be released approximately 135 days after all related permits and/or other approvals required are signed off by the City's Construction Inspector, and the passage of any lien periods. In the event the work is not completed within one year of the date that a street work permit or Task Order is signed, applicant agrees that the City may apply the cash deposit to the cost of completing the work and such work may be completed at the sole convenience of the City of Santa Ana. CONTRACTOR RESPONSIBLITIES Contractor must be able to respond to City's request for emergency repair work on a timely and urgent manner. The contractor shall be available on an on -call basis, 24/7, and ready to respond in the event of an emergency. Service calls shall be responded within one hour. Contractor's repair crews must be able to arrive at job site within 8 hours of approval from City to commence work. Regular business hours are considered from 7:00 am to 5:00 pm (Monday through Friday). Anytime outside of business hours of operation may be considered after hours/weekends. The Contractor shall, prior to award of contract and without additional expense to the City, possess all licenses and permits (unless waived by the City) required for the performance of the work required by this contract, including but not limited to a California Class (A, C-8 or C34) Contractor's license and a City of Santa Ana Page 2 of 8 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC Business License. 1. Street work shall be required to be performed by a licensed contractor for any and all the work in the public right of way. The contractor must provide the following prior to initiating Task Order work. a. A City of Santa Ana business license. b. A Certificate of Insurance of general liability containing requirements as set forth by the City Attorney and per the Standard Agreement. c. A Contractors license (with appropriate classification). d. Proof of Worker's Compensation Insurance. 2. Provide BMPs and/or erosion control plans for planned Task Order work unless directed otherwise by the City: 3. If required, the Contractor shall submit, for review and approval, a surface drainage/grading/erosion control plan, prepared by a registered civil engineer, showing the direction and means of flow within the street. SUBCONTRACTORS Any Subcontractors intended to be used, shall be listed in the proposal. Any additional subcontractors that may become necessary, shall require approval by the City prior to start of any assigned work. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. PAYMENT AND INVOICING: Selected Contractor shall invoice the City based on time and material according to the City's standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City. CITY RESPONSIBILITIES: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for any assigned Task Orders • All plan check coordination within the City • Construction administration • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards), if needed • Electronic files for title sheets and sheet borders, if needed Page 3 of 8 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC • DEFINITION OF ITEMS (SAMPLE TASK ORDERS A, B & Cl: • The unit prices paid for the items listed in the Contractor's Proposal as defined herein include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details shown in the Task Order, Standard Plans, Sketch, Other Plans, as directed by the Engineer. • All incidental work which is not otherwise specified, and which is necessary to complete the improvements shall be furnished and installed as though such work was specified, and no additional compensation would be allowed therefore. If not stated otherwise, work shall be in conformance to APWA's 2012 Greenbook specifications. • Each Sample Task Order's work items include, but are not limited to, the following listed below for the Fee Schedule Submittal. Actual Task Order work, if granted, will generally be on a Time and Materials basis in accordance with labor rates for the type of work and material required per Task Order granted and according to the schedule of rates provided as part of this proposal. The Sample Task Order information provided will primarily be used to compare various proposals. Sample Task Order A Items of Work Item No. I - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include fill compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation. Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - Asphalt Concrete (AC) Pavement Payment for Asphalt Concrete (AC) Pavement shall be at the contract unit price bid per Ton as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for asphalt concrete pavement used in areas of over -excavation to mitigate unsuitable subgrade materials shall be paid for at the contract unit price bid per ton. Item No. 3- Furnish and Install New #6 Pull Box The wort, under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, Page 4 of 8 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per. Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Signing & Striping The work under this item for Signing and Striping shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Signing & Striping shall be at the contract Lump Sum listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, disposal of all removed materials and incidentals as required and no additional compensation will be allowed therefore. Item No. 7 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Sample Task Order B Items of Work Item No. 1 - Unclassified Excavation Payment for Unclassified Excavation shall be at the contract unit price per Cubic Yard listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Page 5 of 8 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC Payment for unclassified fill, if any, is considered as included in the unit price paid for unclassified excavation Payment for over -excavation shall be paid for at the unit price for unclassified excavation. Item No. 2 - PCC Sidewalk (T=411) The work under this item consists of grading, compacting subgrade, and constructing 4-inch thick PCC Sidewalk shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways," of the Standard Specifications, plans, and contract document specifications. Payment for PCC Sidewalk (T=4") shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Payment for thickness (T=6") shall be paid 1.5 times the unit price. Item No. 3 - PCC Curb Ramp The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb Ramp shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 4 - PCC Curb & Gutter (A-2-8) The work under this item consists of grading, compacting subgrade, and constructing PCC Curb & Gutter and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for PCC Curb & Gutter (A-2-8) shall be at the contract unit price bid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 5- Furnish and Install New #6 Pull Box The work under this item for Furnish and Install New #6 Pull Box shall be in accordance with the latest CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. The assumed material for placement shall be concrete and any removal of an existing pull box shall be included in the price paid to furnish and install a new pull box and no additional payment will be allowed therefore. Payment for Furnish and Install New #6 Pull Box shall be at the contract unit price paid per Each as listed in Page 6 of 8 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 6 - Adjust Manhole to Finished Grade Payment for Adjust Manhole to Finished Grade shall be at the contract unit price bid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 7- Catch Basin (Type °B," W=101) The work under this item consists of grading, compacting subgrade, and constructing Catch Basin and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-1, "Concrete Structures" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Catch Basin (Type °B," W=10') shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing catch basins and/or other appurtenances, including furnishing all materials, labor, equipment, tools, and incidentals as required to construct a new catch basin, soil preparation and compaction, and no additional compensation will be allowed therefore. Item No. 8 — Remove and Replace 30" Reinforced Concrete Pipe The work under this item consists of grading, compacting subgrade, and constructing Remove and Replace 30" Reinforced Concrete Pipe and shall be in accordance with the provisions of Section 306, "Underground Conduit Construction" and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace 30" Reinforced Concrete Pipe shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing pipe, furnishing all materials, labor, equipment, tools, and incidentals as required to install new pipe, bedding preparation, and no additional compensation will be allowed therefore. Item No. 9 — Guard Rail Replacement (Caltrans RSP A77N4) The work under this item consists of grading, compacting Subgrade, and constructing Guard Rail Replacement (Caltrans RSP A77N4) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement (Caltrans RSP A77N4) shall be at the contract unit price paid per Linear Foot as listed in the Fee Proposal, and shall include frill compensation for doing all work, including removal or replacement of existing guard rail, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail, foundation preparation, and no additional compensation will be allowed therefore. Page 7 of 8 CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC Item No. 10 - Guard Rail Replacement Termination (Caltrans) The work under this item consists of grading, compacting subgrade, and constructing Guard Rail Replacement Termination (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," with the provisions of Section 204, "Lumber and Treatment with Preservatives," Section 304-2.2 "Flexible Metal Guard Rail," any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Guard Rail Replacement Termination (Caltrans) shall be at the contract unit price paid per Each as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing guard rail termination, furnishing all materials, labor, equipment, tools, and incidentals as required to install new guardrail termination, foundation preparation, and no additional compensation will be allowed therefore. Item No. 11— Remove and Replace Chain Link R/W Fence The work under this item consists of grading, compacting subgrade, and construction of foundations to support the posts for Remove and Replace Chain Link Fence and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," and Section 303-5, "Concrete Curb, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways" and Section 304-3 "Chain Link Fence" of the Standard Specifications any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Remove and Replace Chain Link R/W Fence shall be at the contract unit price bid per Square Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing chain link fence (and posts/foundations), furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 12 —Concrete Barrier Type 836 (Caltrans) The work under this item consists of grading, compacting subgrade, and removing and/or construction Concrete Barrier Type 836 (Caltrans) and shall be in accordance with the provisions of Section 301-1, "Subgrade Preparation," Caltrans Standard Specifications, any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents provided by the City for each Task Order. Payment for Concrete Barrier Type 836 (Caltrans) shall be at the contract unit price bid per Lineal Foot as listed in the Fee Proposal, and shall include full compensation for doing all work, including removal or replacement of existing concrete barrier or other appurtenances, furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Item No. 13 — Traffic Control The work under this item for Signing and Striping shall be in accordance with the latest Watch Manual, CA MUTCD, Caltrans and any City Standard Specifications, plans, and/or any City's Special Provisions/Contract Documents to be provided for each Task Order Work. Payment for Traffic Control shall be at the contract unit price per Lump Sum (LS) as listed in the Fee Proposal, and shall include full compensation for doing all work, including furnishing all materials, labor, equipment, tools, and incidentals as required and no additional compensation will be allowed therefore. Page 8 of 8 EXHIBIT B general engineering, inc, STATEMENT OF QUALIFICATIONS for CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC general engineering, inc, 1345 quarry Street, Suite 101 Corona, CA 92879-1700 Cover Letter & Agreement Statement Date: February 1, 2023 Company: City of Santa Ana Attn: Public Works Agency Project. RFP No. 22-096 — On Call Emergency Asphalt & PCC Re: Cover Letter & Agreement Statement To Whom it May Concern, Please find our proposal for the RFP No. 22-096 On Call Emergency Asphalt and PCC project. EBS General Engineering, Inc. (EBS) is fully qualified to submit this proposal as a licensed State of California Class 'A' General Contractor and a licensed California DIR contractor. EBS is a State of California corporation with the following board members: Thomas Nanci, President / Treasurer Joseph Nand, Vice President / Secretary / Manager We are including with our proposal a copy of our corporate resolution which allows either Thomas or Joseph to act as sole signatory for the company ("Statement of Qualification — Exhibit A') It is our belief that our proposal will demonstrate EBS' qualifications and ability to perform these services as a City of Santa Ana pre -qualified vendor for emergency services. Agreement Statement. Submission of this proposal indicates EBS' agreement to any and all provisions as contained in the RFP and the standard agreement contained therein. oseph Nanci, Vice President EBS General Engineering, Inc. Firm and Team Experience EBS General Engineering, Inc. is a family -owned General Engineering Contractor located in the City of Corona. We are centrally located just off the 15 and 91 freeways, an ideal location for providing services throughout Southern California. EBS has grown from a four -person company founded in 1994 to the full - service General Contractor it is today, with more than one hundred employees. EBS contracts as a General Contractor and Subcontractor with various agencies and firms throughout Southern California, both private and public. Though many of our contracts are for PCC improvements and typically include ADA upgrades, we also excel at providing our own paving, grading, excavation, utility adjusting and restoration services. EBS is signatory to the Masons, Operators and Laborers unions. This allows us access to hard-working trained individuals with various stages of construction experience. We are familiar with the rigid requirements of prevailing wage Public Works contracts including projects covered under a Project Labor Agreements (PLA) and Community Workforce Agreements (CWA). Our two Superintendents have over 35 years' experience, while our two Estimators have close to 70 years' experience combined. Our Foreman and crews are able to meet the strict requirements called for by ADA Compliance. EBS' workforce comes with a vast array of knowledge and expertise ranging from: layout and calculations in the field, conforming compliance with plans and specifications or advising of changes necessary to bring them into compliance, safety of residents and crews, maintaining access for residents and understanding their concerns and accessibility, traffic control and requirements of MUTCD (CA), and WATCH or site -specific traffic control plans. Safety is of upmost priority at EBS. While we value production, there is no priority placed over safe and secure site conditions. Throughout the 26 years of business, EBS General Engineering, Inc. has built and maintained a successful reputation as an honest, reliable, and fair contractor that provides excellent customer service with the performance and product that exceeds expectations. Applicable licenses, registrations, and compliant insurance certificate are attached hereto as "Statement of Qualification —Exhibit A" Primary Point of Contact and Company Organization Willie Ellis will serve as the Project Manager and primary point of contact for this contract, should it be awarded to EBS. Willie has close to 45 years' experience in the construction field varying from field crew member to his current position as lead Estimator and Project Manager at EBS. He is OSHA-30 trained and certified. As such, he leads the EBS Safety Team. His resume and OSHA certificate are attached hereto as "Statement of qualification — Exhibit B" Providing assistance as Project Coordinator directly under Willie is Cristina Whitcher. Cristina will be the lead office contact in Willie's absence. Field management will come from either Gerardo Gonazlez or Danny Gould. Both Superintendents are well -versed in the construction industry with combined experience of over 35 years. Applicable resumes are attached hereto as "Statement of Qualification — Exhibit B" As of the end of year 2022, EBS has an average of 72 employees companywide. This includes two demolition crews, four PCC placement crews, and one asphalt paving crew. We feel this is the An organizational chart is attached hereto as "Statement of Qualification — Exhibit Co References 1. City of Long Beach Ross Cruz, Civil Engineer Associate Ph: (562) 570-7949 Relevant Project: Design -Build Services for City of Long Beach Curb Ramps Scope: EBS is performing design -build services for non -compliant ramps on a work order basis. Assigned EBS Staff: Willie Ellis, PM; Gerardo Gonzalez, Superintendent; Cristina Whitcher, Project Coordinator/Billing 2. City of Riverside Steve Howard, Construction Manager Ph: (951) 826-5708 Relevant Projects: 2018/2019 SB-1 Maintenance & Traffic Improvements, 2017/2018 SB-1 Maintenance & Traffic Improvements, 2017/2018 Arterial & Minor Streets Maintenance — Ph I, Selkirk Avenue Street Improvements, 2017/2018 RTA Bus Pad Improvements, 2017/2018 CDBG ADA Footpath and Streets Scope: Street Maintenance: Minor PCC, Asphalt Grind & Pave, Utility Adjustment; Bus Pads, Decomposed Granite Trails, Hand Railing Assigned EBS Staff: Willie Ellis, PM; Danny Gould, Superintendent; Cristina Whitcher, Project Coordinator/ Billing 3. City of Los Angeles Jesus Arellano, Transportation Engineer Associate Ph: (213) 979-8623 Relevant Project: Vision Zero — Phase 2D Scope: Minor PCC — Curb, Curb & Gutter, Driveway, Cross -Gutter, Ramps, PCC Pavement; Domes, Asphalt Paving, Curb-O-Let Assigned EBS Staff: Willie Ellis, PM; Danny Gould, Superintendent; Cristina Whitcher, Project Coordinator/ Billing Relevant Project Experience 1. Project Name Design -Build Services for City of Long Beach Curb Ramps Owner City of Long Beach Principal Contact Phone Ross Cruz, Engineering Bureau (562) 570-7949 Price of Contract Dates $9,850,550.00 10/2021— On -Going Type of Work Design and Construction of Non -Compliant Ramps Citywide 2. Project Name Easton Street Sidewalk Improvement Project Owner City of Rialto Principal Contact Phone Terry Renner, P.E (951) 680-0440 Price of Contract Dates $688,719.43 8/2021-3/2022 Type of Work Minor PCC—Sidewalk, Residential Driveways, Ramps, Cross -Gutter, Curb & Gutter, Retaining Wall, PCC Swale, Pilaster with Mortar Cap 3. Project Name ADA Improvements at Pacific Blvd & Vernon Ave Owner City of Vernon Principal Contact Phone Margarita Beltran, Associate Engineer (323) 974-1735 Price of Contract Dates $108,610.15 1/2022 — 2/2022 Type of Work Minor PCC— Sidewalk, Ramps, Curb & Gutter, Asphalt Paving 4. Project Name Northeast Colony SABINA Neighborhood Improvements — Ph III Owner City of Anaheim Principal Contact Phone Joel Jordan, Construction Project Manager (714) 765-5052 Price of Contract Dates $5,317,919.39 12/2021 — 12/2022 Type of Work Minor PCC — Curb, Curb & Gutter, Driveway, Cross -Gutter, PCC Pavement; Domes, Asphalt Paving S. Project Name Vision Zero — Phase 2D Owner City of Los Angeles Principal Contact Phone Jesus Arellano, Transportation Engineer (213) 972-8623 Price of Contract Dates $1,027,225.00 07/2020 — On -Going Type of Work Minor PCC — Curb, Curb & Gutter, Driveway, Cross -Gutter, Ramps, PCC Pavement; Domes, Asphalt Paving, Curb-O-Let 6. Proiect Name 2018-2019 SB-1 Maintenance & Traffic Improvements Owner City of Riverside Principal Contact Phone Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Dates $5,238,400 8/2019-4/2021 Tvve of Work Street Maintenance: Minor PCC, Asphalt Grind & Pave, Utility Adjusting 7. Proiect Name Omnibus Concrete Repair Owner City of Santa Ana Principal Contact Phone Michael Ortiz, Construction Project Manager (714) 647-5624 Price of Contract Dates $1,357,230.06 6/2020 — 3/2021 Type of Work Minor PCC— Ramps, Sidewalk, Curb & Gutter, Driveways 8. Project Name Gas Tax Local Street Improvements & Flower Street Sewer Manhole Improvements City of Santa Ana Principal Contact Phone Michael Ortiz, Construction Project Manager (714) 647-5624 Price of Contract Dates $2,546,154 1/2020 — 5/2021 Type of Work Street Maintenance: ARHM Asphalt, Coldmill, Minor PCC (V-Gutter, Sidewalk, Driveway Approach, Ramp, Curb & Gutter), Utility Adjusting 9. Project Name Wild Canyon Block Wall Project City of Colton Principal Contact Phone Jess Soto, P.E. (909) 370-5551 Price of Contract Dates $54,936.00 9/2021 - 10/2021 Tvoe of Work Block Wall, Perforated Drain, Sidewalk Under Drain 10. Proiect Name Mid -Block Crosswalk Installation Project Owner City of Redlands Principal Contact Phone Kyle Wagner, Construction Project Manager (909) 253-8698 Price of Contract Dates $103,499.01 8/2021 — 10/2021 Tvne of Work MinorPCC—Ramps, Sidewalk 11. Project Name Residential Street Repair Program & Alley Improvement Owner City of Santa Ana Principal Contact Phone Michael Ortiz, Construction Project Manager (714) 647-5624 Price of Contract Dates $1,210,079.64 6/2019 — 6/2020 Type of Work Minor PCC— Curb & Gutter, Driveways, Sidewalk, Ramps, Cross Gutter Statement of Qualification — Exhibit A CITY OF SANTA ANA BUSINESS TAX SECTION (M-15) 20 CIVIC CENTER PLAZA, FIRST FLOOR, P.O. BOX 1964, SANTA ANA, CA 92702 (714) 647-5447 CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT BUSINESS TAX NUMBER: 1076 BUSINESS NAME: EBB GENERAL ENGINEERING, INC. BUSINESS ADDRESS: 1345 QUARRY ST#101 CORONA,CA92879 OWNER NAME: EBB GENERAL ENGINEERING, INC. TAX PERIOD: 1/112023- 1213112023 AMOUNT PAID: $319.00 DATE PAID: 01/11/2023 THIS IS NOT A PERMIT TO OPERATE AND THIS IS NOT A BILL ATTACHED BELOW IS YOUR CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT PLEASE DETACH AND POST IN A CONSPICUOUS LOCATION (SEE REVERSE SIDE OF BUSINESS LICENSE TAX RECEIPT FOR POSTING REQUIREMENTS) CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT This business license tax account is void upon sale or transfer of a business Every business is responsible for the annual renewal of their business license tax account It is the responsibility of the applicant/licensee to ensure that the business complies with all applicable City codes, City zoning ordinances and all Local, State and Federal Laws. Contact the Business License Tax Office at (714) 647-5447 prior to any of the following changes: • Name change • Location Change • Ownership or representative change • Business activity change The business license tax receipt must be displayed at the place of business. See reverse side for posting requirements. Sec. 21.18. - No required permits waived. The business license issued pursuant to the provisions of this Chapter [Santa Ana Municipal Code (SAMC) Chapter 21] constitutes a receipt for the license fee paid and shall have no other legal effect. A business license is a requirement, not a permit, to transact and carry on any business activity within the city. The business license tax receipt is evidence only of the fact that such tax has been paid. Neither the payment of the tax nor the possession of the business tax receipt authorizes, permits or allows the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other Section of this Code [SAMC] or by any statute or code provisions of the state must first he obtained or complied with before the doing of any act or thing for which it is required. (Ord. No. NS-1922, § 1, 7-20-87) The person, firm or corporation named below has been issued this business license tax receipt pursuant to the provisions of the City Business License Tax Cade (SAMC Chapter 21). Issuance of this receipt for the business license tax paid shall have no other legal effect (SAMC Sec. 21-18) and is not an endorsement, nor certification of compliance with other ordinances or laws. It is the responsibility of the applicantilicensee to ensure that the business is operated in compliance with the laws, ordinances and regulations that are now or may hereafter be in force by the United States Government, State of California, and the City of Santa Ana pertaining to such business. In the event it is determined that the applicantflicensee fraudulently applied for or renewed this business license tax account, the account may be suspended or revoked. This business license tax account is nontransferable. Please note that it is your responsibility to renew and update this license annually. CITY OF SANTA ANA - TREASURY M-15 20 CIVIC CENTER PLAZA -PO BOX 1964 SANTA ANA, CALIFORNIA 92702 PHONE (714) 647-5447 EBB GENERAL ENGINEERING, INC. 1345 QUARRY ST #101 CORONA, CA 92879 THIS TAX RECEIPT MUST BE DISPLAYED AT THE PLACE OF BUSINESS BUSINESS TAX NO. 1075 TAX PERIOD: 11112023-1213112023 BUSINESSTYPE: BUILDING, GENERAL BUSINESS ADDRESS: 1345 QUARRY ST#101 CORONA,CA92879 BUSINESSNAME: EBB GENERAL ENGINEERING, INC. OWNER/REP: EBB GENERAL ENGINEERING, INC. EXPIRATION DATE: 12131/2023 ractor Information Legal Entity Name EBS GENERAL ENGINEERING, INC Legal Entity Type Corporation Status Active Registration Number 1000005295 Registration effective date 07/01/22 Registration expiration date 06/30/23 Mailing Address 1345 Quarry St. #101 CORONA 92879 CA United St... Physical Address 1345 Quarry St. #101 CORONA 92879 CA United St... Email Address kfairweather@ebsgeneral.com Trade Name/DBA License Number (s) CSLB:720016 CSLB:720016 Legal Entity Information Corporation Entity Number: Federal Employment Identification Number: President Name: Vice President Name: Treasurer Name: Secretary Name: CEO Name: Agency for Service: Agent of Service Name: Agent of Service Mailing Address: Worker's Compensation Registration History _Effective Date Expiration Date 05/11/ 8 06/30/19 05/26/ 7 06/30/18 06/03/ 6 06/30/17 06/19/ 5 06/30/16 01/12/15 06/30/15 07/01/II{{9 06/30/20 07/01/ 0 06/30/21 07/0_1/pl 06/30/22 07/01/ 2 06/30/23 1744801 Thomas Joseph Kari Grip i 2650 E. I perial Hwy Brea 92821 CA Un Do you lease employees through Professional Employer Organization (I `EO)?: No Please provide your current worker's compensation insurance information below: PEO PEO PEO PEOlnformationName Phone Email YWnV1 A nry q ,r,.rw.cslb.Ga�pw cwuNwow. Q'�1.�, 9'bl]G%i STALE IN-1 RPQ 80ARD .. eSS GEN CBS �NERAt, ENGINEERING 1NC' C9 AC o® CERTIFICATE OF LIABILITY INSURANCE DAMMM/2D2) 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 po Icy es must be endorsed. If SUBROGATION WAIVED, subject o 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 NAME: JEFF SCOTT Scott & McCauley Insurance Agency LLC AICNo Ext: 609-903-1562 (AIC, No): 30585 Via Llndosa C'MAIL ADDRESS: Jeff@SMinsuranceagency.com INSURER(S) AFFORDING COVERAGE NAIC0 INSURERA: NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 20478 Laguna Niguel CA 92677 INSURED INSURERS: TRANSPORTATION INSURANCE COMPANY 20494 EBS GENERAL ENGINEERING, INC INSURER C: THE CONTINENTAL INSURANCE COMPANY 35289 1345 QUARRY ST STE 101 INSURER D: VALLEY FORGE INSURANCE COMPANY 20508 INSURER E: CORONA CA 92879 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. MEN LTR TYPE OF INSURANCE ADULNUM INBD WVD POLICY Np MBER MMDDIY1'YYI (MMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ®OCCUR $2,000 DEDUCTIBLE Y Y 7018007493 02/01/2023 02/01/2024 EACH OCCURRENCE $ 11000,000 PREMISES(Ea occurrence) It 100,000 X MED EXP(Any one person) $ 15,000 I PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY � JECTP`C_ LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO AUTONED SAOTOESULED HIRED AUTOS X NON -OWNED AUTOS Y Y 7018007509 02/01/2023 02/01/2024 (Ea accident) $ 1,000,000- BODILY INJURY (Per person)ALL $ BODILY INJURY (Per accident) $ (Peraccident) $ C J( UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE Y Y 7018007526 02/01/2023 02/01/2024 EACH OCCURRENCE $ 7,000,000 AGGREGATE $ 7,D00,000 DED I I RETENTION $ 1 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? �Y (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA Y 7034507011 09/28/2022 09/28/2023 - X STATUTE ER E.L. EA;HAENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,0()0 C Contractors Equipment (Scheduled) 7018009485 02/01/2023 02/01/2024 $1,749,500 C Contractors Equipment (Leased & Rent( 7018009485 02/01/2023 02/01/2024 $400,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Blanket Additional Insured as required by an executed written contractor agreement on the General Liability, Auto Liability and Umbrella policies. Coverage is Primary & Non -Contributory where required by written contractor agreement with the named insured. Blanket Waiver -of -Subrogation is granted in favor of the Additional Insureds with respects to the General Liability, Auto Liability, and Workers Compensation policies. Thirty (30) days' notice of cancellation with ten 00) days' notice for non- payment of premium is provided. The Certificate Holder is listed as Loss Payee per written contractor agreement in regards to the Contractors Equipment policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 'Proof of Insurance' ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE t% @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: AC")?" ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED Scott & McCauley Insurance Agency LLC EBS GENERAL ENGINEERING, INC POLICY NUMBER 1345 Quarry St 7018007493 Suite 101 CARRIER NAIC CODE Corona, CA, 92879 NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 20478 EFFECTIVE DATE: 02/01/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE COVERAGE PROVIDED PER THE FOLLOWING COVERAGE FORMS: GL - CNA75079XX (10-16)- Blanket Additional Insured -Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement GL-CNA74705XX (1-15)-Additional Insured -Primary And Non-ContributoryTo Additional Insured's insurance GL - CNA74705XX (1-15)- General Aggregate Limits of Insurance- Per Project GL - CNA74705XX (1-15)- Waiver of Subrogation -Blanket Auto-CNA63359XX (04-12) -Blanket Additional Insured when required by written contract Auto - CNA63359XX (04-12) -Additional Insured -Primary And Non -Contributory To Additional Insured's Insurance Auto - CNA63359XX (04-12) -Blanket Waiver Of Subrogation when required by written contract WC - G-19160-B -WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA "UMBRELLA IS FOLLOW -FORM' ACORD 101 (20081 1) © 2008 ACORD CORPORATION. All rights reserved. r,e „s vmu narne ana Togo are registered marks of ACORD 1TJL_. 1 Blanket Additional Insured -Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: 1. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. 11. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037: or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: Primary and Noncontributory Insurance CNA75079XX (10-16) Policy No: 7018007493 Page 1 of 2 Effective Date: 02/01/2022 sPoIUWCompany» Insured Name: eCusChangeNames Copynght CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 7018007493 Page 2 of 2 Effective Date: 02/01/2022 «PoIUWCompany» Insured Name: aCusChangeNamen Copydght CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability - Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage - Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation — Blanket 26. Wrap -Up Extension: OCIP CCIP, or Consolidated (Wrap -Up) Insurance Programs U'JM/4/U0AA ('1-10) Page 1 of 17 Policy NO: 7018007493 Insured Name: Effective Date: 0210112022 Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily Injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property,damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises CNA74705XX (1-15) Policy No: 7018007493 Page 2 of 17 Insured Name: Effective Date: 02101/2022 Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance services Office, Inc., with Its permission CNA Contractors' General Liability Extension Endorsement An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a, the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c, the ownership, maintenance or use of any elevators covered by this insurance; or 2, the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. CNA74705XX (1-15) Page 3 of 17 No:7018007493 Insured Name: Effective Date:02i0112022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with Its permission. CNA Contractors' General Liability Extension Endorsement 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED's INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or CNA74705XX (1-15) Policy No: 70180074 33 Page 4 of 17 Insured Name: Effective Date: 02101/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission. C/VA Contractors' General Liability Extension Endorsement (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 60% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products -completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: CNA74706XX (1-1 Page 5 of 17 Policy No: 7018007493 Insured Name: Effective Date: 02/01/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with Its permission. CNA Contractors' General Liability Extension Endorsement Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product -completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: 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 to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or CNA74705XX (1-15) Policy No: 7018007493 Page 6 of 17 Insured Name: Effective Date: 02/01/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with Its permission. cww Contractors' General Liability Extension Endorsement (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: CNA74705XX (1-15) Policy No: 7018007493 Page 7 of 17 Insured Name: Effective Date: 02/01/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement This insurance does not apply to: 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. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of. 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products - completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: (1-15) Page 8 of 17 Policy No: 7018007493 Insured Name: Effective Date: 02/01/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. DNA Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: I. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. ill. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. CNA74705XX (1-15) Page 9 of 17 Policy NO: 7018007493 Insured Name: Effective Date: 02/01/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with Its permission. CNA Contractors' General Liability Extension Endorsement Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii, delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. It. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess. Insurance CNA74705XX (1-15) Policy No: 7018007493 Page 10 of 17 Insured Name: Effective Date: 0210112022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: 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, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c, there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of . any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. CNA74705XX (1-15) Policy NO: 7018007493 Page 11 of 17 Insured Name: Effective Date: 02/01/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission. ICNA Contractors' General Liability Extension Endorsement Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (6) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products - completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor I!. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d, property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5, above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured CNA74705XX (1-15) Page 12 of 17 No7018007493 Insured Name: Effective Date:02i0112022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. +DNA Contractors' General Liability Extension Endorsement with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.11b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 6. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily Injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: @@@@@@@@@@@@@@; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and This Paragraph B. does not apply to medical expenses incurred in the state of Missouri. 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: CNA74706XX (1-15) Page 13 of 17 NO: 7018007493 Insured Name: Effective Date: 02/01/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Exclusions is amended to delete the exclusion entitled Contractm CNA74705XX (1-15) Page 14 of 17 Liability, the paragraph entitled Insured Name: Effective Date:02101i2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DNA Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 21(2)(b) is deleted and replaced by the following So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE —ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1,d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1, 000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. yourwork included in the UNA14/10bAX (1-1b) Page 15 of 17 hazard. NO: 7018007493 Insured Name: Effective Date: 0210112022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. CNA Contractors' General Liability Extension Endorsement However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap- up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4.Other Insurance is amend to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. Page 16 of 17 Policy NO: 7018007493 Insured Name: Effective Date: 02/01/2022 Copyright CNA All Rights Reserved, Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement All other terms and conditions of the Policy remain unchanged. r is endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes ect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown low, and expires concurrently with said Policy. GNA74705XX (1-15) Page 17 of 17 Policy N07018007493 Insured Name: Effective Date:o2/off2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission CNA CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.I. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: a. Is effective on the acquisition or formation date, and is afforded only C. until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "Insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $6,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph AA.a, is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses CNA63359XX copyright, CNA corporation, 2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services office used with its permission. CNA Section III, Paragraph AA.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. C. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B.4.c and BA.d. are deleted and replaced by the following: CNA63359XX (Ed. 04/12) c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." CNA63359XX copyright, cNA corporation, 2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance services Office used with its permission. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.S. Transfer Of Rights Of Recovery Against Others To Us: CNA63359XX (Ed. 04/12) We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from US. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 6.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C.is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX Copyright, CNA corporation, 2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance services Office used with its permission. CNA 1 This endorsement changes the policy to which it is attached. It is agreed that Part One- Workers' Compensation Insurance G. Recovery From Others and PartTwo - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is Blanket Waiver of Subrogation Percentage Charge%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Policy N: 7034507011 Policy Eff/Exp Date: 09/28/2022 - 09/28/2023 Carrier: CNA Writing Company: Valley Forge Insurance Co. © Copyright CNA All Rights Reserved. ACTION AND RESOLUTION BY THE BOARD OF DIRECTORS OF EBS GENERAL ENGINEERING, INC„ A CALIFORNIA CORPORATION The board of Directors of EBS 0oncral Engineering, Inc, (the "Corporation"), desiring to insure that all the proper and authorized individuals who have corporate authority to bind the Corporation to any and all contracts executed by such authorized Individuals have been approved by the Board of Directors of the Corporation (the "Board"), held a meeting on July 26, 2019, The Board, following a review of the foregoing matter and upon motion made and seconded, hereby determines and votes unanimously as follows; BE IT THEREFORE RESOLVED that either Thomas E, Nanci or Joseph D. Nanci, acting alone, in his capacity as an officer of the Corporation, is hereby designated, authorized and empowered to be duly authorized with all the attendant powers and authorization related thereto, to bind, obligate and commit the Corporation to any and all contracts executed by and between the Corporation and any other contracting party. There being no further or pending business before the Board, the meeting was adjourned. P ARD OF DIRECTORS Dated: July26,2019 Director ATTES'ATION 1, being the Secretary of the above -referenced Corporation, do hereby certify that the above resolution is the resolution of the Corporation. Dated: duly 26, 2019 i y J , Secretary Current Position: EBS General Engineering, INC. Project Manager Insurance Claims Liaison William E. Ellis, Jr. Corona, CA 92879 Cell: (714) 448-1136 Corona, CA 2005-Present 2007-Present Safety Officer 2008-Present Prior Experience: Seal Black/Helmick Asphalt Operations Manager Foreman Operator Bay Alarm Company Foreman Laborer Capabilities/Experience: • Customer Relations/Service • Communications • Project Supervisor • Project Cost Estimation • Project Comprehension • Project Management • Materials Submittals/Compliance • Asphalt Paving Management • Concrete Masonry Management • Industrial Security Systems Installation July 2005 — Present Garden Grove, CA April 1987—July 2005 Oakland, CA 1979-1987 • Project Safety Supervisor • Employee Safety Liaison • Change Order Execution • BIT Compliance • Traffic Control Planning • SWPPP Planning/Compliance • Railroad Safety Courses • OSHA Compliance • CPR Certified • Tail -Gate Safety Meeting Organizer William (Willie) has 30 plus years experience in multiple areas of the construction industry. His experience with industrial and infrastructure construction has afforded him a skill -set of high productivity within the organization. As a project manager at EBS, Willie executes contract compliance, purchase orders and sub -contracts, project review, material submittals and compliance, and coordination with various agencies, contractors, developers and engineering firms. He also helps EBS to obtain the necessary encroachment and building permits, city standards and plans, and safety programs for all projects big and small. During Willie's 30 years in the industry, he has also been intermittently certified on various safety programs such as railroad safety programs, OSHA Certified Safety programs, and CPR certification classes. His extensive and comprehensive construction background makes Willie a pivotal component of EBS's organizational structure. O<v Gerardo Gonzalez 928 Hemingway DR., Corona Ca 92878 1 (951) 545-5402 1 gordy432gCrayahoo corn WHO IAM • Coming from an immigrant family where my parents struggled and worked hard to owned their business in the nursery industry. Growing up see the hard labor, I learned the same skills to work hard and be responsible. DEGREE I DATE EARNED I SCHOOL High School Diploma 12003 1 Santiago High School N/A 12 Years I Riverside Community College Skills & Abilities Read and Understand Engineering, Landscape, & Architectural plans. Knowledge and Implementation in Standard Specification for Public Works "Green Book" Knowledge and Implementation in Caltrans Standards & Specifications Knowledge and Implementation of in the MUTCD & WATCH Manual Check and read Survey Grade Operate Construction Equipment MANAGEMENT • I've Managed City or Federal funded road rehabilitation jobs from ten thousand to eight million -dollar projects throughout southern California. Keeping track of projects within budget, billing and finishing on time is just one of many skills used to complete work. COMMUNICATION • Communication is one of the most important skill used, not only face to face interaction but also keeping upper management, general contractor or city officials informed through emails. LEADERSHIP • Have to lead work force from one to twenty employees at times. Keeping everyone to work in sync together and positive attitudes and safely to move the project forward is possibly the most important job I do. LABOR I HILLCREST CONTRACTING I APRIL 2004 -AUGUST 2006 • First job in the trade and started as a general labor and in about six months moved up to junior foreman and learned to read plans, standard forms, grade check, and operate some equipment. FOREMAN j EBS GENERAL ENGINEERING I AUGUST 2006 — APRIL 2013 • Came to EBS to get into the union so I can have a career with benefits and retirement. Started as a general labor and in two years moved up to foreman and began to run projects in the public works side of the company. FOREMAN j THE R.J. NOBLE COMPANY j APRIL 2013—APRIL 2020 • Got the opportunity to move to this company that produces their own aggregate and asphalt material. They get awarded larger jobs which got me the opportunity to learn more about California infrastructure FOREMAN j EBS GENERAL ENGINEERING j APRIL2020—PRESENT Came Back to EBS to learn more about structural Concrete since EBS is involved a lot with lager scale companies like Flatiron, AMES, OHL, Etc. which get involved high large infrastructural Projects. There is also movement in Higher Involvement positions. Statement of Qualification — Exhibit C � nit vQ LO ti 'al"W m°+ tm fir.. ¢.. •in (CO) COi c� m, V m a a L� a'o �q °aa ei CL ta €' mcac`� a: akIS Aa W 00ca M' I .__. V � y.+ 5- general engineering, inc. SCOPE OF SERVICES AND SCHEDULE for CITY OF SANTA ANA REP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC SCOPE OF SERVICES EBS is providing the following notes as its requirement to outline it's understanding of the Scope of Services provided in RFP 22-096. — ---- ------ -- --- —J L— — — — — I PHASE ITEM pE50RIPOON--_- BIDCITY UNIT I I PHASE ITEM DESNIPDON BID Ory UNIT J - 550.0 a I --- TASK ORDER _ _L y� PRICE PER CY ' INQUDESFILL ..._ ..___..{1 .....____:..____.-.....:____..-____..... _:J DIVEfl-E%PAIp AS E%CAVAT In. N 4 MINIMUM 12" STREET SECTION 14,850.00 SF 0 PHASE T ITEM DESCRIPTION _ BID QTY UNIT I_I PHA' I i W= 2.0 ACPavement __r I 1300 TN I _. 18" PRICE PER TON -- •18" INCLUDES PAVING AT OVER -EXCAVATION 1 1103A:TYPICALSECTION jMINIMUM 6"AC/0"AB CAN BE FULL DEPTH AC SECTION WITH �'-- ;APPROVAL ITEM DESCRIPTION BID qTY UNIT I 30 Furnish and Install N6 Pullbox 4.0 EA FURNISH & INSTALL PER (CA) MUTED, CALTRANS, CITY STIES, CONCRETE PULL BOX REMOVE &DISPOSE EXISTING PULL BOX N6 30" X 15" X 12" vl�.d 9xN.6 '9P� PGr 6 PHASE ITEM DESCRIPTION BID CITY UNIT 1 PHASE ITEM DESCRIPTION BID CITY UNIT 4.0 Adjust Manhole to Finished Grade 5.0 EA - 5.0 POO Curb and Gutter (Type A-2-8) 1000 Lp PAID AS EACH _ 119, PAID BY LF ADJUST TO GRADE j .--------- GRADING 'NO MENTION OF LOWERING OR DOUBLE 1 !—_.....__. ADJUST' ___. _______..___....--_____L_.._ COR ION SUB -GRADE CONSTRUCTING CURB ®GUTTER --'-- --- --- --- _I. _ SPPWC 301-1, 303-5 1200 GENERAL NOTES _- - CIttSTAN0Aft05 36' SEWER MANHOLE COVER ..._--__L_.... _—------- _----- -_---_._ L-____... COSA 1101 y__...__..I PCC COIAR _- WP120-C INAL K: MINE SAW CUT NEC6" -------1--- g3 IMAX 20" __LL REMOVECg _ COVERS PER STD. 1211 _ INCLUDE51'gC SLOT WATER COVER MAY BE RRp,VENIEy WITH ..� THICKEN GUTTER TO 12"AT BUS { - ENGINEER j - .. ._ _ STOPS --------- ------------- __._.... _.... ___-; KEYED FOR WALK AT BACK OF CURB -.l. _..._ __ -- lBUS PAD STD. 1108 -_-_ _.__-----_---------_._.. - NI KnTpcAc orerve • rRAvnc vuu a •-va Ik �r IA�ut�.f.I.Mh.Jlr�r•P 1_ �� e} Van` 1� 3[ enoK I 10 PHASE ITEM DESCRIPTION BID CITY UNIT PHASE ITEM DESCRIPTION BID CITY UNIT 6.0 Signing and Striping 1.0 LS - 7.0 TraRf Cnntml Work 1.0 6 I PER --- .. ---- __--- __ PER WATCH MANUAL _""�._-_-_...1 SIT'( STANDARDS """ - SPECIALPflOVI510NS/CONTRACT - DOCUMENTS j -----LF- __."_ CALTRANS 112SA: HYDRANT MARKERS ICITY STANDARD 1125B: STRIPING AN DPAVEMENT _...i -S—"'"""- MARKERS 1125C: RAISED PAVEMENT MARKERS I- - 1125F: TRAFFIC CONTROL PLAN 1125M RAILROAD CROSSING MARKINGS GENERAL NOTES 1125E INTERSECTION SIGHT DISTANCE I SAMPLE PLAN 1125E TRAFFIC CONTROL PLAN _ PLAN BY ENGINEER, SIGNED _ 1502: REFLEUORI2ED STREET NAME SIGN _-y TRENCH PLATES SIT FLUSH WITH FS _--- _, 1503: STREET NAME SIGN I. 1503A: CEREMONIAL STREET SIGN TOPPER 1504A: SIGNPOST INSTALL 15046: SIGNPOST INSTALL I 1505: STOP SIGN MARKINGAND PLACEMENT 11 12 PHASE ITEM DESCRIPTION BID CITY UNIT 1.0 Unclassified Excavation 5500 CY @0' PRICE PER CY -- e_— _ I .INCLUDES FILL _. I_ OVER -EX PAID AS UNCL EXCAVATION ; PHASE ITEM DESCRIPTION ENDOW UNIT I-- 2.0 PCC Sidewa lk (T=4") 2,500.0 SF '20' GRADING COMPACTING SUB -GRADE CONSTRUCT 4" PCC SIDEWALK SPPWC 301-1, 303-5 6" THICK PAID AT 1.5 TIMES UNIT PRICE STD. 1104 520-C-2500 SIDEWALK4", BACK OF ALLEY OR DRIVEWAY, REFER TO STANDARD PLAN 1/4" El TX T TREE WELLS BACK OF CURB PER STD. 1124 PRESERVE HISTORIC FEATURES BACK OF CURB OR AT PARKWAY BACK OF CURB KEYED INTO CURB rI� f 4 13 I PHASE I ITEM DESCRIPTION BID CTY UNIT PHASE I ,..__. 3.0 PCC Curb Ram - ;__.....__ �_�_�.P 3100010 SF _.. •20" _n__ _.. _.. _r__-_BY _._LF__ _....___._ � - - ;PAID ---------------- GRADING _. COMPAUIINGSUB-GRADE _ _ I CONSTRUCT 4"PCC SIDEWALK SPPWC 301-1, 303 5 CURB RETURN _ CITY STANDARDS _ 1122: CURB RAMP DETECTABLE WARNING SURFACE -CAST IN PLACE LIMITS: RICK -ECK --I NO GUTTER LIP AT RAMP TOP AND BOTTOM LANDING (MIN. 4') RETAINING CURB AS REQUIRED _ 1 12" WIDE BLINDMAN T4 s20 c zsoo DARK GRAY DOMES •2D" ITEM DESCRIPTION 4.0 PCC Curb and Gutter(Type A-2-8) PAID BY LF A2-8 CURB & GUTTER GRADING COMPACRONSUB-GRADE CONSTRUCTING CURB & GUTTER SPPWC 301-1, 303-5 CITY STANDARDS COSA 1101 WPI 20-C SAW CUT REMOVE CTB INCLUDES 1' AC SLOT THICKEN GUTTER TO 12" AT BUS STOPS KEYED FOR WALK AT BACK OF CURB BUS PAD STD. 1108 BID OTY UNIT I 100.0 LF 14 PHASE ITEM DESCRIPTION - 5.0 Furnish and Install 46 Pullbox '20' FURNISH &INSTALL __- PER (CA) MUTCD, CALTRANS, CITY STOS I CONCRETE PULL BOX REMOVE & DISPOSE EXISTING PULL BOX GRADING COMPACTION SUB -GRADE CONSTRUCTING CURB & GUTTER I SPPWC 31303-5 t. .....-.. - CRY STANDARDS BID QTY UNIT PHASE ITEM DESCRIPTION BID QW UNIT 4.0 EA - 6.0 Adjust Manhole to Finished Grata 5.0 EA '21' PAID AS EACH _ ADJUST TO GRADE 'NO MENTION OF LOWERING OR - --�� DO UBLE ADJUST' 15 PHASE ITEM DESCRIPTION BID CITY UNIT TO Catch Basin jType"B,"W=1P) 1.0 EA *21' TYPE B, W=10' GRADING COMPACTIN SUBGRADE ' CONSTRUCT CATCH BASIN SPPWC 301-1, 303-1 CITY STANDARDS REMOVAL OF EXISTING REPLACE OF EXISTING STD. 302 N3 REBAR S" CC, TOP & BOTTOM SLABS SUPPORT BARS SAND BACKFILL, 2' ABOUND STRUCTURE LOCAL PER STD. 305 PROTECTION BAR PER 305A SUPPORT BOLTS PER 305A ..'-_...___r PHASE ITEM DESCRIPTION BID QW UNIT Remove and Replace 30" Reinforced 8.0 Concrete Pipe 75.0 LF '21, GRADING COMPACTSUBGRADE REMOVE EXISTING REPLACEING 30' RCP SPPWC 306 CITY STANDARDS 16 PHASE ITEM DESCRIPTION BID CITY UNIT PHASE ITEM DESCRIPTION BID CITY UNIT Guard Rail Replacement (Cali ASP Guard Rail Replacement 9.0 A]7N4( v6 __ 500 IF - 10.0 Termination(Caltram) 1.0 EA •21• '22• I ... _._ GRADING - j GUARDRAIL REPLACEMENT ----- ---------------- ._ ---- TERMINATION PER CALTRANS -----------_ COMPACT SUBGRADE --- ------�-- _ _ _------ SUBGRADE PREPERATION .------_y-----------_ CONSTRUCT GUARD MIL REPLACEMENT.--�I_-_-------}_------, SPPWC204, 304 2.2, ._ _. _. I CALTRANS RSP A)]N4 I CITYSTANDARDS _ __ I ----------- +_-..--- -------- — - SPPWC 301-1, 204, 304-2.2 REMOVAL r -- -- CITY STANDARDS -' ------- I REMOVAL OF EKISTING ..- - -- ----- . SUB WORK ..--- _------------------------- -------- ---------- -....._. ----- ----- ..------ _------------ .__------ __�----------- }------_ I I ._-T_ _--- _ _ __ I _ _ _________ ___ __ __ __ __ _ _ ____ __ __. _____ _ ____ .. .. �. 17 PHASE ITEM DESCRIPTION BID CITY UNIT PHASE ITEM DESCRIPTION BID CITY UNIT Remove and Replace Chain Link R/W - _ 11.0 Fence ____��� _i - 500 LF - 12.0 Concrete Barrier Type 836(Caitram) 50.0 LF •22• �— _ - - PAID BY SF - - --- �--- -- 22 _ GRADING -------"'--- --------- GRADING - _ - COMPACT SUBGRADE__------ _.___.-------- }------ _. COMPACTSUSGRADE CONSTRUCT FOUNDATIONS - REMOVALOF EXISTING BARRIER --------+----- REMOVE AND REPLACE CIF FENCE __-.---- C0NSTRUCL BARRIER TYPE 836 SPPWC 301-1, 3O3-5, 304-3j SPPWC 30L1 BRIDGE STANDARD DETAIL XS (XS16- ---_ _— __ ___I CITY STANDARDS y �310311, 312, 313, 314, 315- _{--------- ._.. __. _.....___---- I ---- — ----- }____. _ RSP 611-79 __......__ ------- .--- _.------- _--- ---------- ---- ._. ------------ ___._ 011-60 2 I,. CHAMFER YR __--._.y-------------' �... ___.. .. .__ - - - ___-_..._-_____.. ..I - {___.._._r._...... ^16__ x5, Tor 10 ;.____..._..____--______—_..._. _._._... __T_.__._i516 AT WALL JOINT_._B L _... .. - EVERYWHERE ELSE.� _._..._._I__ .......................__.___.___._._......___.�... _.____i.___-_ r DECK ._._.___F......_._____�.__..._.- —._._.. _..___._..__._ __..I_____._._t.__._.. OR on -_-_ _— . _.__ - _ _ _ _ I..__—..-_T___.... ____._. R__--- DECK Reinf ------------`- I ... -_- - *xs m 16 -#5 Cont, i_ x5 ----- ----`- `------ ----------------i-------'---- Tot z Wa. Tor to TYPE 836 0 12 at woil joint IT*x5 —. 18 PHASE ITEM DESCRIPTION BID DTY UNIT 19 Schedule EBS is providing the following schedule as its requirement per RFP 22-096. Also see a list of current EBS workload attached hereto as "Scope of Services and Schedule —Exhibit A" We are confident we will be able to incorporate all work issued per Task Order into our current and upcoming workload. 20 ) 2 z § § ,§j�!§ § - ■ , !y. !o . kk \ k |m2 2 )_!(( §((z§§ ( 2 � \ �\t m\\w \Z_/ \0 ))�{/§\//)\/}\//\ 0w 0 � .. . ... ... -- `--lf zW > ° !!§E'§ , ;§)00 K e§;;0Z /}f0 { E !i }2 § / \ .---------------- ! / \ , ! 2 \\\\� \)))k ��#\\ )- x|>/� - i§/)/\)§§§/uJ \/\\\\\\\}} \ | ) }; © }\ Scope of Services & Schedule — Exhibit A nr`7 saW ��enm«ema^pmas $xW mR Mho mF^ S« R'S n�u4n :a�^ N�� mS«««^RSRYN '_°i°a"' nro n3n O NOW NxN Nxy NwwNwywN n xwwwwNy wxwwwwwwyxpwwwwwww wwwxNxww wwNwxw NNyNwpw m 3"ate mm `ccu' w w m.m a° `a8 amm °n c w Smu'a v�_ um C' Equ'Eoc°c _Em cmoa od`.ul mim Um'NS�ZOoiWUUU�ND�UaJaN�� mma c Num.4 -mw <`U9ZaWNSV�u�n3Q x"S U$��tnK� °=°c j N 3 U Fm E u Ntl an m anG m m �� m 3 o Q d ou m 3 a i 9am °" ti`m v of°mm °a mgwcmom m i e <a vabU ._ S u� 2 U tic FvEQmoY °i mmm mmQ .�Nc a�@ F a 5 i i°e 9 ° E ¢ v tW No wN °mm mzPu ¢vvi> ' Ems^ �um36q q° tl�e S wo8 b m Q_n Um9 m�'Sc[m� uc N E c tl« W j Nm W C 9 W m r1 O « q �p Yi LL x E� W v E 0 @ r W E r9 T' Q b E E i i E a m oo0c cE —u cw FE n' Eo_@ w Zi m dm�E wm ``00 �a EU�gmO �m m m E = @fin mmFtj E3°cc v-�'m'=LL cm �n .E �Em cix �v QV 4co iri)o QaSn.. b�u�m`d `m ENKZ EY -c faaV Yj 3 9 6 Oc NE `w via o� '_c'�cvai§E Fo0 u5m m QcceNE 3UK3acm — Bm � tm EK °T m oav ma.�vSmKcp&cF—�wE 'ouNvu'jJ�A�Vy°�°m @ gmd: cRa°y • '^n � n '0 mowc7F5-� "�cLLFa ppU u'E cmu=«N _ w �N q�pm N�EwdN vEN W oa waE `o SniFq�cc @F@ �OW�JE m'v F°� oF(Sn mgmc` m�LCS �m `per ==`�vs5ia c-mcri} mO mF3�E 3�oFLLwm3SoppYq YRQ m°mV1NN�y�i pFE gQmO°gc�v-�nm�v=�E woxmowa�Ewum6 n°m�(gWQCSw—Q@a°�6 nENO�mmN6 mC =mQCN u�5_uo°� Yo°d`u�r0o`3mrrc�_wmN 3t�z"3rcffEFrr3`p°�uRNm`ua=aNmw�Ouu xciw Nciwr'w��¢`w'�_m ¢.-r�ir a oxm�� Mae pan <neo���ary s ' c @ U @ =_'_LLn wm� xa m �u� c m u£i �° y °mu xoU FF c � _mil i ma mm.uLL �i m=a22Yaz°oE^6 o�3=cm�xm `c Ec Lo� —nmEcU —O �xca°,m4Y mEu m�o� a�Ud 'me O F_0 U'NV JTII OIiUKN Q _ _ VUO-i0iWW6iNILL LL.tlLL 9 �i VUUHUK6 VIiSENF CUmONmENdVfNYWm�¢ mm =W mmyStC cY 000N mu@m 01i= €m `�'NNNNyNN N4NNNNNN NNNNNNNNNNNNNNmNNmNNNNyNNN bNNN4 VINNNNNNNNmRp dNNNNNN myWyY«o ' BYnY:«pe$'e ffie3800««YR«««�; YR9os`yoS RR" RRr NN«NNNNN NNNNNNN e`i�nNeNin R. e'Ni«n. ^, Y,rRr««nF Fr`«Rrr�7�^««aaa� NF„.�rNa 8Y 0550000000 00000000 0 000000000 c000000a000a00000 00000000a00000000 0000000 co a §!!r!<r ! \\\\ `----- \:\\\\\�} ! \\ (. . . . ES I \! g / \\ \ E R a 5 _ \\d) 22 \2\\Qa\&2 h/ >.��,•. - ;l-,! /e,� \\d jdad Aaag m5M- !\ \\\\\\\\\ < �; ,.. ;rv;`l,•E:;; ass general engineering, inc. FEE PROPOSAL for CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC SAMPLE TASK ORDER A - ASPHALT CONCRETE - ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTAL 1 Unclassified Excavation 550 CY $235.00 $129,250.00 2 AC Pavement 130 TN $550.00 $71,500.00 3 Furnish and Install #6 Pullbox 4 EA $1,950.00 $7,800.00 4 Adjust Manhole to Finished Grade 5 EA $2,100.00 $10,500.00 5 PCC Curb and Gutter (Type A-2-8) 100 LF $88.65 $8,865.00 6 iSigning and Striping 11 LS 1 $9,820.781 $9,820,78 7 ITraffic Control Work 11 LS 1 $18,125.001 $18,125.00 TOTAL $255,860.78 SAMPLE TASK ORDER B - CONCRETE PAVING" ITEM DESCRIPTION CITY UNIT UNIT PRICE TOTAL 1 Unclassified Excavation 550 CY $235.00 $129,250.00 2 FCC Sidewalk (T=4") 2500 SF $11.50 $28,750.60 3 FCC Curb Ramp 3000 SF $25.50 $76,500.00' 4 FCC Curb and Gutter (Type A-2-8) 100 LF $88.65 $8,865.00 5 Furnish and Install #6 Pullbox 4 EA $1,950.00 $7,800.00 6 Adjust Manhole to Finished Grade 5 EA $2,100.00 $10,500.00 7 Catch Basin (Type "B," W=10' ) 1 EA $74,200.00 $74,200.00 8 Remove and Replace 30" Reinforced Concrete Pipe 75 LF $1,700.00 $127,500.00 9 Guard Rail Replacement (Caltrans RSP A77N4) 50 LF $465.00 $23,250.05 10 Guard Rail Replacement Termination (Caltrans) 1 EA $8,000.00 $8,000.06 11 Remove and Replace Chain Link R/W Fence 50 LF $145.00 $7,250.00 12 Concrete Barrier Type 836 (Caltrans) 50 LF $725.50 $36,275.00 13 Traffic Control Work 1 LS $32,032.001 $32.032.00 TOTAL $570,172.00 EMPLOYEE NAME POSITION HOURLY RATE Thomas Nand Owner/President $ 200.00 Joseph Nanci Owner/ Vice President $ 200.00 Courtney Dixon Office Staff - Management $ 150.00 Willie Ellis Office Staff -Management $ 150.00 Luis Morales OfficeStaff- Management $ 150.00 Danny Gould Office Staff - Field Management $ 150.00 Gerardo Gonzalez Office Staff -Field Management $ 150.00 Kathy Fairweather Office Staff - Other $ 135.00 Cristina Whitcher Office Staff - Other $ 135.00 Vanessa Coronado Office Staff- Other $ 115.00 Maggie Halloran Office Staff - Other $ 115.00 Brian Rodriguez Office Staff - Other $ 115.00 Cement Mason - Journeyman $ 100.50 Cement Mason - Foreman $ 125.96 Laborer -Foreman $ 125.96 Laborer - Groupl $ 92.46 Laborer- Group 2 $ 92.46 Laborer - Group 3 $ 92.46 Laborer - Group 4 $ 92.46 Laborer -Apprentice $ 92.46 Laborer -Flagman $ 92.46 Operator - Foreman $ 125.96 Operator - Groupl $ 123.28 Operator- Group 2 $ 123.28 Operator- Group 3 $ 123.28 Operator- Group 4 $ 123.28 general engineering, inc. CERTIFICATIONS for CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC CITY OF SANTA ANA RFP NO.: 22-096 ON CALL EMERGENCY ASPHALT & PCC NON�COLLUSION AE IDA....YIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, orcorporation; that the bid is genuine and riot collusive orsham, that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a fhise or sham bid, and has not directly or indirectly colluded, conspired. connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or contbrence with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding tite contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further;. that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid; and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, Note, The above Non -collusion Affidavit is part of the proposal, BIDDERS are cautioned tha�,�ng a�ifratlon may subject thecertifier to criminal prosecution. Signed Subscribed and sw'o+va,,,t who appeared before me (or affirmed) before me on this day of , 20 , by -,. roved to me on the basis of satisfactory evidence to be the persons) Notary Public Signature Notary Page 7 of 10 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California County of Riverside Subscribed and sworn to (or affirmed) before me on this 01 day of February 20 23 , by Joseph Nanci proved to me on the basis of satisfactory evidence to be the person(K) who appeared before me, f1AGGIE OE MI OWr Notary Public -CalHarma E pl'45140 CMAW COmmNabn N 2426531 MY Comm. EVPIr" NOV tA, 2O26 (Seal)....� Si,gnaturemac (" CITY OF SANTA ANA RFP NO.; 22.09E ON CALL EMERGENCY ASPHALT & PCC NON-LQBBYINC CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the befit of his or her knowledge and belief, that: (1) No Federal appropriated funds .)lave been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the malting of any Federal loan, the entering into of any cooperative agreerent, and the extension, continuation, renewal, amendment, or modification ofany Federal contract, grant, loan, or cooperative agreement. (2) if any fonds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an ernpioyce of a Member o€ Congress in connection with this Federal contract, grant, loan„ or cooperative agreement; the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions, This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 3 t, U.S, Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $160,000 for each such failure, The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed S i 00,000 all t all such sut ipients shall certify and disclose accordingly. Signed: Jo§epit Nark! 'title; Vice Went) Firm: ESS General Engineering, Inc Date; _2/1/2023 Page $ of 10 CITY OF SANTA ANA RFp NO,; 22-096 ON CALL EMERGENCY ASPHALT & PCC NON-DISCRIMIhjATION CERTIFICATION The undersigned consultant or corporate officer, during the performance ofthis contract, certifies as follows; The Consultant shall not discriminate against any employee or applicant for employment because of race, color; religion, sex, or national origin. The Consultant shall take 41TIrmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transf$i recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees, and applicants for empioyinnent, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements foremployees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has it collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice In conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and oftlic rules, regulations, and relevant orders of the Secretary of Labor. 5. The 'Consultant shall Furnish all information and reports required byExecutive Order 11246of Septetttber24,1965, and by rules, regulations, and orders ofthe Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination olauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authori2ed in Execution Order 1i246 of September 24, 1965, and such other sanctions may be imposed and remedies invokedits provided in Executive Order 1 i246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor; or as otherwise provided by law, Page 9 of 10 91 CITY OF SANTA ANA RFP NO.:22-096 ON CALL EMERGENCY ASPHALT & PCC The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September24, 1965, so that such provisions will be binding. upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved In, or 1s threatened with; litigation with a suboonsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter Into such litigation to protect the interests ofthe United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of suck persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chaawz, Signed: Title: Firms Date: 2/112023 Page 10 of 10 From: City of Santa Ana To: kfainweatherno ebsoenera com; cwhRcher(@ebsoenera cam; dvlanCdsmmsuranceaaencv cam; R2ye5. Erendida lefE@5Minsuranceaoencv com; Ortiz. Michael Perez, Ricardo Thomas, Sean Subject: Internal Notice of Compliance Date: Friday, May 5, 2023 10:32:15 AM NOTICE OF COMPLIANCE CITY' STAFF: PRLNT THIS PACE AND INCLt'DE WITH ACREENIENT TO THE CLERK OF THE COIINCIL Contractor EBS General Engineering, Inc. Name: Project TBD (085) Number: Project Agreement With EBS General Engineering, Inc., To Provide Name: On -Call Emergency Asphalt And PCC Services For The City Of Santa Ana The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY PROFESSIONAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division POLICY EXPIRATION NUMBER DATE COI DATE FILE NAME 7018007509 02/01/2024 05/01/2023 COI EBS 02.01.24.pdf EBS General - 7018007493 02/01/2024 02/01/2023 COI 422138- 2023-24.pdf WAIVER 09/29/2023 10/03/2022 INSURANCE EXCEPTION.pdf EBS General - 70345070I1 09/28/2023 02/01/2023 COI 422138 - 2023-24.pdf Reyes, Erendida From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Tuesday, October 10, 2023 8:18 AM To: Mai, Danny; Reyes, Erendida; Ortiz, Michael; Perez, Ricardo; Thomas, Sean Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE Contractor EBS General Engineering, Inc. Name: Project A-2023-076-02 Number: Project Agreement With EBS General Engineering, Inc., To Provide On -Call Name: Emergency Asphalt And PCC Services For The City Of Santa Ana The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE AUTOMOBILE LIABILITY 7018007509 02/01/2024 05/01/2023 COI EBS 02.01.24.pdf EBS General - GENERAL LIABILITY 7018007493 02/01/2024 02/01/2023 COI #22138 - 2023-24.pdf INSURANCE PROFESSIONAL LIABILITY WAIVER 10/05/2024 10/05/2023 EXCEPTION 2023.pdf 23105 ACORD WORKERS COMPENSATION AND 7034507011 09/28/2024 05/01/2023 Form 20230929- EMPLOYERS' LIABILITY 094639.pdf Thank you, City of Santa Ana Risk Management Division DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 01/29/2024 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 Accounts Team NAME: Scott&McCauley Insurance Agency PHONE (g49)503-1953 FAX AIC No Ext: A/C,No): 2 Ritz Carlton Drive E-MAIL coi@sminsuranceagency.com ADDRESS: Suite 204 URER(§)AFFORDI11 C VERAG NAI # Dana Point 0 C 9 9 °UR d i3 1 SI r fw p f 1e m V� INSURED V,11 ti 6B: Trans p rt ti I sur e o a y I ZI 194 E E E$41 I IN ,IN URWP •C as r ce p — 289 1345 QUARRY ST STE 101 INSURER D: Valley Forge Insurance Company 20508 Suite 101 INSURER E CORONA CA 92879 INSURER F: COVERAGES CERTIFICATE NUMBER: EBS Gen-2024-25 REVISION NUMBER: THIS IS TO CERTIFYTHAT 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 UBR POLICY NUMBER MM/DD YYYYMPOLICY EFF O DD YYYY LIMITS ICY EXP LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE_7CLAIMS-MADE �OCCUR PREM SESOEa occu«Dence $ 100,000 X $2,000 Deductible MED EXP(Any one person) $ 15,000 A Y Y 7018007493 02/01/2024 02/01/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ 2,000,000 JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y Y 7018007509 02/01/2024 02/01/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 7,000,000 C EXCESSLIAB CLAIMS-MADE Y Y 7018007526 02/01/2024 02/01/2025 AGGREGATE $ 7,000,000 DED I I RETENTION$ 1 $ WORKERS COMPENSATION X1 SPER TATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ D OFFICER/MEMBER EXCLUDED? F NIA Y 7034507011 09/28/2024 09/28/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contractors Equipment C 7018009485 02/01/2024 02/01/2025 Leased&Rented Equip $400,000 Owned/Scheduled Equip $1,579,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) EBS#23105 On-Call Asphalt&PCC Agreemen Blanket Additional Insured as required by a written contract or agreement on the General Liability,Auto Liability,and Umbrella policies.Coverage is Primary& Non-Contributory where required by a written contract or agreement with the named insured.Blanket Waiver-of-Subrogation is granted in favor of the Additional Insureds with respect to the General Liability,Auto Liability,and Workers Compensation policies.Thirty(30)days'notice of cancellation with ten (10)days'notice for non-payment of premium is provided.The Certificate Holder is listed as a Loss Payee per written contract or agreement in regards to the CERTIFICATE HOLDER CANCELLATION 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 PRO) 20 Civic Center Plaza Risk ManaganentDiMslan AUTHORIZED REPRESENTATIVE ' REVIEWED br APPROVm BY. Santa Ana CA 92702 ® Risk Management Specialist ©1988-2015 ACOF ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00000011 LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Scott&McCauley Insurance Agency EBS GENERAL ENGINEERING,INC POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Contractors Equipment policy. Risk Managanent DMsbn �?- REVIEWED&APPRCYVED BY: ® Risk P.1anagement Specialist ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Scott&McCauley Insurance Agency EBS GENERAL ENGINEERING,INC POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes COVERAGE PROVIDED PER THE FOLLOWING COVERAGE FORMS: GL-CNA75079XX(10-16)-Blanket Additional Insured-Owners,Lessees or Contractors-with Products-Completed Operations Coverage Endorsement GL-CNA74705XX(1-15)-Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance GL-CNA74705XX(1-15)-General Aggregate Limits of Insurance-Per Project GL-CNA74705XX(1-15)-Waiver of Subrogation-Blanket Auto-CNA63359XX(04-12)-Blanket Additional Insured when required by written contract Auto-CNA63359XX(04-12)-Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance Auto-CNA63359XX(04-12)-Blanket Waiver Of Subrogation when required by written contract WC-G-19160-B-WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA `UMBRELLA IS FOLLOW-FORM" Risk Managanent Diivisian �?- REVIEWED&APPRCYVED BY: ® Risk P.1anagement Specialist ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Common Terms and Conditions The Insurer and the Named Insured, in consideration of the payment of the premium and in reliance upon all statements made in the application furnished to the Insurer designated in the Policy Declarations, a stock insurance corporation, hereafter called the "Insurer," agree as follows. Terms in bold face type have special meaning as set forth in any applicable First Party Glossary of Defined Terms or the applicable coverage parts of this Policy. All headings are also in bold, whether or not they contain defined terms. See Section XVI, HEADINGS below. I. ASSIGNMENT OF INTEREST Assignment of interest under this Policy shall not bind the Insurer unless its consent is endorsed to this Policy except in the case of death of a natural person Named Insured. II. BANKRUPTCY Bankruptcy or insolvency of any Named Insured or of the Named Insured's estate shall not relieve the Insurer of any of its obligations hereunder. III. CANCELLATIONMONRENEWAL A. Insurer's Right to Cancel The Insurer may cancel this policy by providing to the First Named Insured written notice of such cancellation stating when, not less than 10 days thereafter, such cancellation shall be effective if such cancellation is due to non-payment of premium. If cancellation is due to any other reason, such notice shall be provided not less than 60 days thereafter. B. Named Insured's Right to Cancel The First Named Insured may cancel this Policy by providing the Insurer written notice stating when thereafter such cancellation shall be effective. The mailing or delivery of such notice shall be sufficient. C. Premium Refund If this policy is cancelled, the Insurer will send the First Named Insured any premium refund due. If the Insurer cancels, the refund will be pro rata. If the First Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. rn 0 D. Nonrenewal 0 If the Insurer decides not to offer any renewal terms for this Policy, the Insurer shall provide written notice to the 0 Named Insured at least 60 days prior to the Policy expiration date. The notice shall include the reason for such 0 non-renewal. E. Notices If any notice required under this Section is mailed, proof of mailing will be sufficient proof of notice. IV.CHANGES Notice to or knowledge possessed by any agent or other person acting on behalf of the Insurer shall not effect a waiver or a change in any part of this Policy or stop the Insurer from asserting any right under the provisions of this Policy, nor shall the provisions be waived or changed except by written endorsement issued to form a part of this Policy. V. CONFORMITY TO STATUTE Terms of these conditions or any coverage part that are in conflict with the statutes of the „.oR,N f %AMmagernentDiv;sinrt issued are hereby amended to conform to such statutes. _ REVIEWED&APPROVEDBY. ® Risk Management Specialist CNA62642XX 10-15 Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Common Terms and Conditions VI. COORDINATION AMONG COVERAGE PARTS Subject always to the applicable Limit of Liability, should two or more coverage parts apply to the same loss, the Insurer will not pay more than the Named Insured's actual loss. VII. COVERAGE PART TERMS AND CONDITIONS The terms and conditions of each coverage part apply only to that coverage part and shall not apply to any other coverage part. If any provision in the Common Terms and Conditions is inconsistent or in conflict with the terms and conditions of any coverage part, the terms and conditions of such coverage part shall control for purposes of that coverage part. Vill. CURRENCY All premiums, limits, deductibles and other amounts stated or payable under this Policy are expressed and payable in the currency of the United States of America. If any payments due under this Policy are stated or incurred in a currency other than United States of America dollars, payment under this Policy will be made in United States of America dollars, at the rate of exchange published in The Wall Street Journal on the date the Insurer's obligation to pay such amount is established (or, if not published on such date, the next publication date of The Wall Street Journal). IX. ENTIRE AGREEMENT The Named Insureds agree that this Policy constitutes the entire contract existing between them and the Insurer or any of its agents relating to this insurance. X. EXAMINATION OF THE INSURED'S BOOKS AND RECORDS The Insurer may examine and audit any Named Insured's books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. XI.INSPECTIONS AND SURVEYS The Insurer has the right but not the obligation to: A. make inspections and surveys at any time; B. provide reports on the conditions it finds; C. recommend changes; or D. conduct loss control and prevention activity. Any inspections, surveys, reports, or recommendations relate only to insurability and the premiums to be charged. The Insurer does not: 1. make safety inspections; 2. undertake to perform the duty of any entity to provide for the health or safety of workers or the public; 3. warrant that conditions are safe or healthful or comply with laws, regulations, codes or standards. XII. LIBERALIZATION If the Insurer adopts any revision that would broaden the coverage under this Policy without additional premium within 60 days prior to or during the policy period,the broadened coverage will immediately app Risk Mar�Division 3i o'aN.Pi REVIEWED&APPROVED BY. x °I A--g�z Aeov44o ® Risk Management Specialist CNA62642XX 10-15 Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Common Terms and Conditions XIII. NAMED INSURED AUTHORIZATION AND NOTICES The First Named Insured agrees that it will act on behalf of all Named Insureds with respect to the giving of all notices to the Insurer, the receipt of notices from the Insurer, the payment of the premiums, the receipt of any return premiums that may become due under this Policy, and the acceptance of endorsements. Any notices required under the CANCELLATION / NON-RENEWAL sections of this Policy shall be provided to the First Named Insured at the last known address and to its insurance agent or broker. If notice is mailed, proof of mailing will be sufficient proof of notice. XIV. NO SUIT AGAINST INSURER A. No suit shall be brought under this Policy by anyone other than the Named Insured. The Named Insured may not bring any such suit, action or legal proceeding unless, as a condition precedent, there shall have been full compliance with all the provisions of this Policy and: 1. with respect to any property coverage part, the action is brought within 3 years after the date on which the loss or damage occurred or, with respect to any crime coverage, the date the loss was discovered; 2. with respect to any third party coverage part, the amount of the Named Insured's obligation to pay shall have been finally determined either by final and nonappealable judgment against the Named Insured after trial or by written agreement of the Named Insured,the claimant and the Insurer. However, if any law prohibits such time limitation then the limitation is amended to equal the minimum time limitation required by such law. B. No person or organization shall have any right under this Policy to join the Insurer as a party to any suit against the Named Insured to determine the Named Insured's liability, nor shall the Insurer be impleaded by the Named Insured or their legal representatives in any such suit. XV.TRADE AND ECONOMIC SANCTIONS This Policy does not provide coverage for any Named Insured, transactions, or any loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. XVI. HEADINGS M s The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage. M 0 0 IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its Chairman and Secretary at Chicago, Illinois, but the same shall not be binding upon the Insurer unless countersigned by a duly authorized representative of the Insurer. Chairman Secretary N oRa Risk Managanent Divisim REVIEWED&APPROVED BY. �ti.�:e�cevaolo �� Risk Management Specialist CNA62642XX 10-15 Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damaae or the offense giving rise to such personal and advertising injury takes place prior to the term Rick Management DMsian CNA74705XX (1-15) PI REVIEWED&APPROVED B`. Page 2 of 17 Endorser '®Nat'l Fire Ins Co of Hartford Effecti Risk Management Specialist Insured Name: EBs GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or 0 b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or s 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. r The coverage granted by this paragraph does not apply to: 0 N O a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor I. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: Rink Management DMsbn CNA74705XX(1-15) PI REVIEWED&APPROVIDBr: Page 3 of 17 Endorser ®, A`evzdo Specialist S Mann Nat'l Fire Ins Co of Hartford Effecti Risk9 p Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or Risk Management DMsinn CNA74705XX (1-15) PI REVIEWED&APPROVED BY. . Page 4 of 17 Endorser ®, A`evzdo �� Nat'l Fire Ins Co of Hartford Effecti Risk Management Specialist Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise,which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: M 0 This insurance does not apply to: 0 k. Damage to Your Product M OY O Property damage to your product arising out of it, or any part of it except when caused by or resulting from: 0 0 (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was Insured's behalf by a subcontractor; or oR��F RUManagernentDMsim CNA74705XX(1-15) PI REVIEWED&APPROVmBY. Page 5 of 17 Endorser '® Specialist S Nat'l Fire Ins Co of Hartford Effecti Risk Management p Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: 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 to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY RU Mxnaganent DMsim CNA74705XX (1-15) PI REVIEWED&APPROVIDBY. Page 6 of 17 Endorser ®, A",�A`Aao �� Nat'l Fire Ins Co of Hartford Effecti Risk Management Specialist Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or(2)above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: N Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use m shall be deemed to occur at the time of the physical injury that caused it; 0 0 b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that _ higher limit. 9. ESTATES, LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured sha" policy; provided, however, coverage is afforded to such estates, heirs, legal representai %SkMuagernentDMslon REVIEWED&APPROVED BY. CNA74705XX(1-15) PI Page 7 of 17 Endorser ®, A`evzdo Specialist S Mann Nat'l Fire Ins Co of Hartford Effecti Risk9 p Insured Name: EBs GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: 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. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. Rick Management DMsim CNA74705XX (1-15) PI REVIEWED&APPROVED BY. Page 8 of 17 Endorser ®, A",�A`Aao Risk Management Specialist Nat'l Fire Ins Co of Hartford Effecti p Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). M ii. delete the exclusion entitled Contractual Liability and replace it with the following: M OY This insurance does not apply to: s 0 Contractual Liability 0 0 the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual _ orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud a�.� ��F RUManagernentDMsinrt CNA74705XX(1-15) PI REVIEWED&APPROVIDBY. Page 9 of 17 Endorser ®�� Rik Management Specialist , anns A`evzdo Nat'1 Fire Ins Co of Hartford Effecti 9 Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and Risk Management DMsinn CNA74705XX (1-15) PI REVIEWED&APPROVED B`. Page 10 of 17 Endorser '®Nat'1 Fire Ins Co of Hartford Effecti Risk Management Specialist Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs(a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP/ LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: 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, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; 0 0 b. the bodily injury or property damage first occurred after such termination date; and M s c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated(wrap-up) insurance program. _ 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the followinq: This insurance does not apply to: RU Muaganent DMsim CNA74705XX(1-15) PI REVIEWED&APPROVIDBr: Page 11 of 17 Endorser ®, A`evzdo Specialist S Mann Nat'l Fire Ins Co of Hartford Effecti Riskg p Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs(1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs(3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto,aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. Rick Management DMsirnt CNA74705XX(1-15) PI REVIEWED&APPROVED BY. . Page 12 of 17 Endorser ®, A`evzdo �� Nat'l Fire Ins Co of Hartford Effecti Risk Management Specialist Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY r 0 s Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled 0 Exclusions is amended to delete the exclusion entitled Liquor Liability. 0 0 This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the .� following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C— Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. „oR RUMuaganentDMsirnt REVIEWED&APPROVED BY. r; CNA74705XX(1-15) PI in Page 13 of 17 Endorser ®, A`evzdo Specialist S Mann Nat'l Fire Ins Co of Hartford Effecti Risk9 p Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2. add the following exclusions: Rick Management DMsim CNA74705XX (1-15) PI REVIEWED&APPROVED BY. Page 14 of 17 Endorser ®, A",�A`Aao �� Nat'l Fire Ins Co of Hartford Effecti Risk Management Specialist Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; m v 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b)is deleted and replaced by the following: s n 0 So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. _ 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results fron Rink Management DMsum +-' REVIEWED&APPROVED BY: CNA74705XX(1-15) PI Page 15 of 17 Endorser ®, A`evzdo Specialist S Mann Nat'l Fire Ins Co of Hartford Effecti Risk9 p Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone actin, — fk. "in.,,o.11 behalf; nor RUM>agernentDMsim CNA74705XX (1-15) PI A REVIEWED&APPROVED BY. Page 16 of 17 Endorser A"�AeA ao '®Nat'l Fire Ins Co of Hartford Effecti Risk Management Specialist Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. r This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. N O O H oR %sk Managetnenf DMsim +-' REVIEWED&APPROVED BY. CNA74705XX (1-15) PI Page 17 of 17 Endorser ®, 4g" e A""44 ecialistSManagement Nat'l Fire Ins Co of Hartford Effecti Risk p Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide m such additional insured with: s A. coverage broader than required by the written contract; or r 0 B. a higher limit of insurance than required by the written contract. N IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. _ V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or else pa rt: %.k M4anagernenf DMsinrt +-! REVIEWED&APPROVED BY. CNA75079XX(10-16) PI Page 1 of 2 Endorser ®, A`A ��Nat' l Fire Ins Co of Hartford Effecti Risk Management Specialist Insured Name: EBS GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective d L­ LEI-, --.4 expires concurrently with said Policy. RUMragernentoivslmt CNA75079XX(10-16) PI RWEWED&APPROVmBY. Page 2 of 2 Endorser " Nat' l Fire Ins Co of Hartford Effecti ® Risk Management Specialist Insured Name: EBs GENERAL ENGINEERING, INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA Business Auto Policy Policy Endorsement CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Rick Management DMsim Form No: CNA63359XX(04-2012) o? REVIEV7ED&APPROVLDBY. Endorsement Effective Date: Endorsement Expiration Date: �'I' 4 Aecv44 Endorsement No: 13; Page: 1 of 4 ®' Risk Management Specialist Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 °Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. Business Auto Policy Policy Endorsement C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical bre Risk ManagementDMsiart Form No: CNA63359XX (04-2012) o? REVIEV7ED&APPROVIDBY. Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 13; Page: 2 of 4 ®' Risk Management specialist Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 °Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Risk Management DMsian Form No: CNA63359XX (04-2012) o? REVIEV7ED&APPROVLDBY. Endorsement Effective Date: Endorsement Expiration Date: 4 Aecv4o Endorsement No: 13; Page: 3 of 4 ®' Risk Management Specialist Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 °Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Rick Management DMslan Form No: CNA63359XX (04-2012) o? REVIEV7ED&APPROVLDBY. Endorsement Effective Date: Endorsement Expiration Date: 4 Aecv4o Endorsement No: 13; Page: 4 of 4 ®' Risk Management Specialist Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 °Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization KPRS CONSTRUCTION SERVICES, INC., 110 LOGISTICS OWNER, LLC A DELAWARE LIMITES LIABILITY i COMPANY, SRI-110 LDC, LLC, SHOPOFF REALTY INVESTMENTS, LO, WARE MALCOMB J Pavement Coatings Co., 10240 San Sevaine Way,Jurupa Valley,CA 91752 1 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Rick Management DMsiort Form No: CNA71527XX (10-2012) o? REVIEV7ED&APPROVIDBY. Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 14; Page: 1 of 1 ®' Risk Management specialist Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. CNA Business Auto Policy Policy Endorsement CALIFORNIA This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. Rick Management DMsim Form No: IL 02 70 07 20 0=' REVIEWED&APPROVLDBY. Endorsement Effective Date: Endorsement Expiration Date: �'I' 4 Aecv4o Endorsement No: 21; Page: 1 of 5 ®' Risk Management Specialist Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 e Copyright Insurance Services Office, Inc., 2020 CNA Business Auto Policy Policy Endorsement (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (ii) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part - Farm Property - Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or Rick Management DMsim Form No: IL 02 70 07 20 0=' REmEWED&APPROVED BY. Endorsement Effective Date: Endorsement Expiration Date: �'I' A Aecv44 Endorsement No: 21; Page: 2 of 5 ®' Risk Management specialist Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 e Copyright Insurance Services Office, Inc., 2020 CNA Business Auto Policy Policy Endorsement (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part — Causes Of Loss — Special Form; or (2) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss — Special. d. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not cancel this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However, we may cancel: (1) When you have not paid the premium, at any time by letting you know at least 10 days before the date cancellation takes effect; (2) If willful or grossly negligent acts or omissions by the Named Insured, or his or her representatives, are discovered that materially increase any of the risks insured against; or (3) If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. C. The following is added and supersedes any provisions to the contrary: Nonrenewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form Rick Management DMsim Form No: IL 02 70 07 20 0=' REmEWED&APPRCYVDBY. Endorsement Effective Date: Endorsement Expiration Date: �'I' 4 Aecv44 Endorsement No: 21; Page: 3 of 5 1®' Risk Management Specialist Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 e Copyright Insurance Services Office, Inc., 2020 CNA Business Auto Policy Policy Endorsement a. If this policy provides coverage as described in the preceding paragraph, and we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at the mailing address shown in the policy, at least 75 days, but not more than 120 days, before the expiration or anniversary date. If we fail to give the first Named Insured shown in the Declarations notice of nonrenewal at least 75 days prior to the policy expiration, as required in the paragraph above, this policy, with no change in its terms and conditions, shall remain in effect for 75 days from the date that the notice of nonrenewal is delivered or mailed to the Named Insured. A notice to this effect shall be provided by us to the first Named Insured with the notice of nonrenewal. b. We may elect not to renew such coverage for any reason, except as provided in Paragraphs c., d. and e. below. c. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2) The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. d. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, issued by the California Earthquake Authority, that included an earthquake policy premium surcharge. e. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (e.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: Rick Management DMsim Form No: IL 02 70 07 20 0=' REmEWED&APPROVLDBY. Endorsement Effective Date: Endorsement Expiration Date: �'I' A Aecv44 Endorsement No: 21; Page: 4 of 5 1®' Risk Management Specialist Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 e Copyright Insurance Services Office, Inc., 2020 CNA Business Auto Policy Policy Endorsement (1) Commercial Property Coverage Part — Causes Of Loss — Special Form; or (2) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss — Special. f. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not nonrenew this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However, we may nonrenew: (1) If willful or grossly negligent acts or omissions by the Named Insured, or his or her representatives, are discovered that materially increase any of the risks insured against; (2) If losses unrelated to the postdisaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or (3) If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. 3. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. Rick Management DMsim Form No: IL 02 70 07 20 0=' REmEWED&APPROVLDBY. Endorsement Effective Date: Endorsement Expiration Date: �'I' 4 Aecv44 Endorsement No: 21; Page: 5 of 5 1®' Risk Management Specialist Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 e Copyright Insurance Services Office, Inc., 2020 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER • • • • - OTHERS FM This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 3%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Rick Management DMsian Form No: G-19160-B (11-1997) o? RE)AEWED&APPROVLDBY. Endorsement Effective Date: Endorsement Expiration Date: A Aecv4o Endorsement No: 3; Page: 1 of 1 ®' Risk Management Specialist Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 °Copyright CNA All Rights Reserved. 1345 Quarry Street, Suite 101 Corona,CA 92879-1700 Insurance general engineering, inc, Date: 10/2/2024 Company: City of Santa Ana Attn: City of Santa Ana, Risk Management Team Project: On-Call Emergency Asphalt and PCC Services,RFP No.22-096 Re: Insurance To whom it may concern, Specifications Section 5-4.2 General Liability Insurance states: professional liability insurance (errors and omissions)will only be required if Contractor employs a licensed professional such as an architect or engineer for a component of the work. Let it be known that EBS does not employ a licensed professional; nor does it require the services of a licensed professional subcontractor on this specific project. nci,Vi e President EBS Gene gineering. Inc. Risk Management Qivisim REVIEWED&APPROVED BY; Phone(951)279-6869 Fax(951)279-6832 ®' Risk Management spedali.i