Loading...
HomeMy WebLinkAboutINTER-PACIFIC INC. INSURANCE ON FILE 'WORK t�AY PROCEED U141L 4W?Ik•NC EXMR ._ A-2025-167-02 CITY CLERK DATE: OCT 2 0 2025 0:P"Pt (�) AGREEMENT WITH INTER PACIFIC,INC.TO PROVIDE ON-CALL ELECTRICAL Phi 1 Ne fF{pZ) CONTRACTOR SERVICES '17I•IIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between Inter-Pacific,Inc.,an Illinois corporation("Contractor"),and the City of Santa Ana,a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The City issued Invitation for Bids(IFB)No. 25-069A,by which it sought contractors to provide on-call electrical contractor services on behalf of the City of Santa Ana's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in. IFB No. 25-069A and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four(4)vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7,2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under.this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE,in consideration of the mutual and respective promises,and subject to the terans and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis,and in the City's sole discretion,Contractor shall perform during the term of this Agreement,the tasks and obligations including all labor,materials,tools,equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services-Exhibit:A,attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under IFB 25-069A.The total compensation for these services provided by all such contractors selected under IFB 25-069A shall not exceed the shared aggregate amount of Three Million, One Hundred and Fifty Thousand Dollars ($3,150,000) Page I.of 10 during the tarn of the Agreement,including any extension periods. b. Payment by City shall be trade within forty-five(45)days!following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required doeumontation. Upon verification of the data provided,the City will be authorized to deposit payments directly into Contractor's amount(s) with financial institutions. Payment need not be invade for work which fails to most the standards of performance set forth,in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three(3)year term, with tho option for the City to grant up to one(1)two-year renewal,exercisable by a writing by the City Manager and the City Attotroy,unless terminated earlier in accordance with Section 16, below. 4. FRE WAILING WAGS PREVAILING WAGES Contractor is aware of the-requirements of California Labor Code Section 1720,et seq,, and 1770, et sect., as well as California Coda of Regulations, Title .8, Section 16000, et seq., ('Frevailing Wage 1.,awe), which require the payment of prevailing wage rates and the performance of other requirements on"public works"and"iaintenance"projects. If the services being performed are part of an applicable"publio 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 ofif dials, officers, employees atad agents fYee and harmless fl-om any claim or liability arising out of any failure or alleged failure to comply with the Prevailing"Wage Laws. 5. I"XPENDENT CONTRACTOR Contractor shall, during the oatire terns of this Agreement, be construed to be an independent Contractor and not an employee of tho.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 masaor 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,Contxaetor 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 tuxes. 6. -OWNER81.11P OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, Page 2 of 10 I modify, rouse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,specifications,studios,drawings,estimates,-and other documents or works of authorship fixer/ in any tangible medium of expromion, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or causod to be prepared by Contractor under this Agreement("Documents &Data!'). Contractor shall require all subcontractors to agree in wridug 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 solo risk. 7. INSURAlai'CA Prior to undertaking perform4nee of work under this Agreement,Contractor shall maWainx and shall require any subcontractors to obtain and maintain insurance as described below for the entire`Term of this Agreement against claims for injurlos to persons or damage to property which may arise from or in connection with services,products and materials supplied to City.Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND MMIT 4r INSURANC]C Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form. CC 00 01 covering CUL on an `°occurrenoe"basis, including products and completed operations, property damage,bodily injury and personal&advertising injury with limits no less than $1,000,000 per occurrence and$,000,000 aggregate. 2, Automobile Liability(AL):lnswatiee Services Office Form CA 00 01 covering Code 1 (any auto),with combined single limits of$1,000,000.In the event Contractor does not maintain commercial automobile liability insurance,City will accept evidence of personal automobile insurance with existing limits,which can be less than$1,000,000. 3. Workers, Compensation; as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor.Any available insurance proceeds in excess of the specified mini ntrm limits of insurance and coverage shall be available to City. Page 3 of 10 Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions, 1. COL and AL policies: City of Santa Ana,its City Council,its officers,officials, employees,agents,and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations perf6mod by or on behalf of the Contractor including materin]s,parts,equipment,and personnel furnished In connection with such work or operations, 2. CUL, AL, and WC policies: Insurance company(ies) agrees to waive all nights of subrogation against City, its City Council, its offacors, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contraotor for City. 3. All required insurance policies: For any olaims related to this contract, Contractor's insurance coverage shall be pt,hnary and any insurance maintained by City, Its City Council,its officers,officials;employees,agents,or volunteers sball not contribute with It. 4. All required insurance policies:A severabllity of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a otaim is made or suit is btought,except with respect to the insurer's limits of liability. 5, Mach insurance policies required herein shall provide that coverage shall not be canceled, q suspended, voided., reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten(10)days prior written notice shall be provided to City for policy canaallafion or moor. renewal due to non-payment. G. Certificate Bolder on each EEvidenee of Insurance certificato shall be: City of Santa Ana, Attention: Public Works.Agency,20 Civic Center Plaza(M-21), Santa.Ana, CA 92701, The mane and location of project must be included in the Description of Operations scotion of each certificate, Self I,nsurerl Retentious Self-insured ratentioim 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 investigatlons,claim administration,and defense expenses within the retontion. Aeceptabfllty of Insurers Imurance is to be placed with insurers authorized to conduct business in the State of California with a current AM.Bwt rating of no less than A:VI1,unless otherwise aomptable to City. Verification of Coverage Contractor snail itarnish City with original Certificatos of Insurance including all required amendatory endorsements(or copies of the applicable policy language offecting coverage required by this clause)and a copy of the Declarations and Endorsement Page of the COL policy listing all policy endorsements before work begins.However;failure to obtain the required documents prior to the world bcgitua.ing shall not waive Contractor's dibligation to provide them. Page 4 of 10 City reserves the right to require cornploto, cortified copies of all required irssurance policies, including endorsements required by those sperifleations,at any time. Claims Made Polieies if any of the required policies.provide coverage on a olaixns-made basis: 1.The retroactive date must be shown and must be before the date of the contraot or the beginning of work. 2.Insurance must be maintained and evidence of insurance must be provided for at least three(3) years seer completion of work. 3.If coverage is cancoled or non-renewed,and not replaced with anothor claims-tirade policy form. with a retroactive date prior to the contract offoctivo date, Contractor niust purchase"extended reporting"coverage for a minimum of three(3)years after completion of work. Subcontractors Contractor shall roquiro and verify that all sub-contractors maintain insurance:meeting all the requirements stated herein, mid Contractor shall ensure that City is an additional insured on insurance required horn sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements,including limits,based on the nature of the risk,prior experience,insurer,coverage,or other special circumstances. 8. INDEMNIMCATION 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 pemonal injury,damages,just compensation,restitution,judiclal or equitable relief arising out ofclaims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its mboontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section l of this Agreemont;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 indernrufy,Bold 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 dues to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may inake all reasonable decisions wfth respect to its representation in any legal proceeding.N'oWthstanding the foregoing, to the extent Cantraotor's services are subject to Civil Code Section 2782.9,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 ne,gligonco,recklessness,or willful misconduct of the Contractor, 9. INTELLECTUAL PROPERTY IND.- MI14CAI ION Page 5 of 10 Contractor shall defend and indemnify the City,its officers, agents,representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contaitied 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 reprosontative of the City to exatntoe,audit,and make transcripts or copies of such records and any other documents created pursuant to this Agreement duffing regular business hours, Contractor shall allow inspection of all work,data,documents,proceedings,and activities related to this Agreement for a period of'throo (3)years from the elate of final payment to Contractor under this Agreement. 11. COW41)lGNTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential mid/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 carp. "Confidential Information"shall inolude 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 aftron-title and nondisclosure shall not apply to ally information that(a)has been disclosed in publicly available sources;(b)is,through no fault of the Contractor disclosed in a publicly available source;(e)is in rightful possession of the Contractor without-an obligation of cont'idetrtia.lity, (d)is xequired to be disclosed by operation of law;or(e) is itdopendently developed by the Contractor without referenoc to Wbrmation disclosed by the City. 12, CONFLICT OF INTIt'rRVI S3`CLATJST a. Contractor covenants that it prosentlyhas no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commiselon members, as defined under the City's Municipal Code,whose position with the City shall award or influence tho award of this Agreement, or any competing contract or amendment thereof,shall by employed in any capacity by the Contractor or have any other direct Pago 6 of 10 or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards,to any former full-time employes for one-year frorn date of employee separation except for any Ca1PFRS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now ill effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above.If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create'a conflict of interest,it must immediately make flrll written disclosure of such facts to the City.Full written disclosure mast include, but is not lirnited to,identification of all persona implicated and a complete description of all relevant circumstances, Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e, Contractor covenants that none of its directors, officers, employees, or agents shall paoioipato in selecting or administrating any subcontract supported(in whole or inpart) by City funds stemming;front the Agreement whem the awarding of the subcontract has any.direct or indirect fmanoial benefit or interest to any individual, as dettrred in subsections(b)and(c)above. 13, NON-DISCif1Y(NATION Contractor shall not discriminate beoause of race,color,creed,religion,sex,nrarltal stahis, sexual orlentation, gender identity, gender expression, gender, -medical conditions, genetic information,or military wad veteran status,age,national origin,ancestry,or disability, as defied and prohibited by applicable law, in the recruitment, selection., teaching, training, utilization, promotion,torminotfon or other employment rolatod 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. XXCLUSIVITY 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 tiro parties, In the event of a conflict between the terms of this Agreement ad any attachments hereto,the t6rms of this Agreementshallprevaii. This Agreement maynotbenaodifiodaxceptbywritteninstrument 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 instrmneut that are inconsistent with, or In addition to,the terms and conditions-hereof,shall not bind or obligate Contractor or the City,Ha011 party to this Agreement acknowledges that no representations, irnducoments, promises or agreements,orally or otherwise,have boon made by any party,or anyone acting on behalf of any party,which is not embodied borein. Page 7 of 10 15. ASSIGNMMNT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign,transfer,delegate,or subcontraot 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. TE MNATION This Agmement may be terminated by tha.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,ilia l?xecutive Director may require Contractor to deliver to the City all work produot(s)completed as of such date,and in such case such work product shall be the property of the City wale%s prohibited by law,and Contractor consents to the City's use thereof for such purposes as the City deoms appropriate. b; Payment need not be made for work which fails to ineet the standard of performance specified in the Rscltals of this Agreement. 17. ''W'ATWR 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 rornady shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor%ball any waiver constitute a continuing waiver unless the writing so specifies. 18. JUIOSDICTION-"fit NVE This Agmea ant has been exormted 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, Audi patties further'agree that Orange County,California,shall by the venue for any action or proceeding that may be brought or arise out of,in connection with or by reason ofthis Agreement. 19. )PRO1+E88ICINAL LICYNSRS 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 911411 notify the City immediately and Page 8 of 10 in writing of its inability to obtain or maintain such permits, hoonsos, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NUT1CU Any notice,tender,demand,delivery,or other communication pursuant to this Agreement shall be in writing and shall,be doomed 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 m nnor provided in this Section,to the following persons, To City. City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O.Box 1988 Santa Ana,C:A'92702-1988 With courtesy copies to. Executive Director,Public Works Agency City of Santa Ane. 20 Civic Center Plaza(M-21) PLO.Box 1988 Santa Ana,California 92702 To Contractor: Inter�pacific Inc. Atta:Rielxard Kuk,Prosident 39 Peters Canyon Rd. Irvine,CA 92606 A party may change its address by glviug notice in writing to the other party, Thereafter, any communication shall be -addressed and transmitted to the now address. If sent by mail, communication shall be effective or deemed to have been given three(3)days after it has been deposited in the United States mail, duly rogistered or certified, with postage prepaid, and addressed as set forth above, if sent by fax,oommunication shall be effective or deemed to have boon given twenty-rout(24)hours after the tune set forth on the transmission report issued by the transmitting facsimile machtno, addressed as sot forth above. For purposes of calculating these t:bric fl AMOS,weekends,federal,state,County or City holidays shall be,excluded. 21. MISCHLLANEODS PROVISIONS a. Each undersigned reprosents and warrants that its signature herein bolow 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 attornoy's tees,For;any injuries or damages to City in the event that suoli authority Page 9 of 10 or power is not,in fact,held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written, ATTEST: CITY OF ANTA 9 nifer . a Alvaro Nunez City Cl k City Manager APPRO TO FORM: SONIA R.CARVALHO INTER-PACIFIC INC. City Attorney By: :s �— Kyle N llesen Richard Kuk Assistant City Attorney President RECOMMENDED FOR APPROVAL Ro af�e'Rosas, Acting Executive Director Public Works Agency Pagc 10 of 10 AMURIT A SCOPE OF SERVICES i ,t SCOPE OF WORK Contractor shall perform scope of work as set forth below and In accordance with ATTACHMENT A. A. QVNERAt_DESCRIPTION The City Is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Electrical Contractor services on an "as-needed"basis, at various locations throughout the City of Santa Ana.per ATTACHMENT A. The initial contract shall be for a three(.3)year period with provisions for one(1)additional two-year renewal option,All prlaing shall remain firm for the Initial contract period, a. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional. resources necessary to provide general electrical repair services throughout the City, Including computer room circuits, Installing and re-routing conduit, Installing switches and receptacles, testing, and other upgrades, Installations and replacements for City components and Infrastructure on an as-need basis. All City buildings are covered under this contract. The selected firm(s) must be available to respond to the City's request for Services twenty-four(24)hours a day,seven(7)days a week. The C.oritractor shall provide all.services in accordance with the current state adopted codes,and repair service laws or ordinances,and all rules and regulations of health,public and/or other authorities controlling or Ilmlting the methods and materials to be used,or the actions of those engages In this kind of work. C EFt0 Q t]IESCItIPT D E I NT8, 4. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions, 2. The Contractor must give Immediate notice to the Facilities Maintenance Manager,or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply In every respect with Building taws,City regulations, Code Requirements(City&State). 4. All equipment, materials, etc, specified to be removed from the site shall become property of the Contractor,unless otherwise stated. 5. All repair work and jobsitos will be left in a"broom swept"clean, safe, and workable condition, 6. In the event of accidental site damage,it will be the responsibility of the Contractor to return the site to its original condition,at no cost to the City. 7. Contractor shall keep all jobsite work areas free from aocumuiadons of waste tnaterlal or rubbish caused by Contractor employees and their work.At the end of each day at City of Santa Ana I Fki No.26-060A Page 3 of 20 }. SCOPE OF WORK a site,Contractor shall remove all rubbish,debris,tools,equipment and materials from a project and shall leave work area"broom clean"or equivalent unless more exactly specified by the City Representative. 8, Contractor shall comply with all hazardous materials disposal laws, rules,regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. g. The contractor shall. adequately secure and protect his/her own tools, equipment, materials and supplies. The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10.In submitting a bid, the Contractor, agrees all work under this contract is to be performed by the Contractor's own workforce, The Contractor shall not assign or subcontract any work,or any part thereof,without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11.Contractor shall provide written,"not to exceed"estimated at no charge to the City as rogtiested. This estimate shall Include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two(2)working days and provide written estlmates within five(6)days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12.In the event the work performance of the contactor Is unsatisfaotory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. 13.Contractor shall be able to install Cats cables and oortify in writing, C. DELIVERY 1119Q IIREMENTS AND LOCATION(S) 1, please see Exhibit II, D. CARS FLEET REGULATIONS. The California Air Resources Board ("GARB") implemented amendments to the In-Use Off Road piesel-Fueled Fleets Regulatlons("Regulation")which rare effective on January 1,2024 and apply broadly to all self-propelled off road diesel vehicles 26 horsepower or greater and other forms of equipment used In California. A copy of the Regulation Is available at: ht#rss:llww2 aLl2.0UW/sit-qr0d0lt f i ! arc lre a t/ p22/afF-rnaddie eUa a-1 df. Bidders are required to comply with all GARB and Regulation requirements, Including, without limitation, all applicable sections of the Regulation, as codified In Title 13 of the California Code of Regulations section 2449 et sap.throughout the duration of the Project. Bidders must provide,with their Bid,copies of Bidder's and all listed subcontraotors"most recent, valid Certificate of Reported Compliance ("CRC") Issued by GARB, Failure to provide valid CRGs as required herein may render the Bid non-responslve. City of Santa Ana IFI3 No.25-QOOA Page 4 of 20 COMPENSATION ATTACHMENT ,A BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the. accompanying Instruntlana to bidders,and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein. Indicate unit price for each line item. Fatal quotation Is to be firm offer for no less than ninety (00)days and will be regarded by the City as blddWs best and final offer.Quantities listed are for bid comparison only and are subject to change. The City reserves the right to Increase or decrease quantities based on currant Heads,PApIng piust be inclus o all Includi t not limited to. direct and ire gg§ts for labo verhead...Jourange. bus ne .Incidental suDgifes, mileage,f elif Archarggs,and any of er misrellaneous.cttarces, LABOR RATES FOR THE INITIAL.CONTRACT PERIOD SEPTEMBER 2028 W AUGUST 2028 (3 YEAR CONTRACT) Electrician Ice; As defined by Scope of Work Provisions In California DIR General Prevailing Wade Determination ORA-2020-2 Journeymen Hourly Rate for Regular Susinoss fours; 81,60 1 Monde tt roughrPri_ day., 8;00am-5:O rn Journeymen After Hours Hourly mate,6:01pm-7:59am(Including 122,61 2 Wegkends and hlollda q) — —_ Jntarnoymen Hourly Rate for Emergency After Business Hours 1d3.52 3 Mondaythrough Frldan5n0pr�-8:0@am General Helper Hourly Rate for regular Business Hours; 7456 m 4 Monde through Friday. ;OQarr�µ 5.001)m General Helper biter Hours Hourly fate,6.01 pm—7,69am(Including 94'63 ....._... General Helper Hourly Rate for Emergency After Business Hours 114.40 e Monday thro�Frids .6:0013m-8:00am _ $ Percentage Mark up for Materials,Supplies,and parts(for exercisable 10.00 1% Note: include all miscellaneous costs In Regular arrd After-hours rates. (E.g.equipment, truck, etc.) NOTE:THIS PROJECT IS A PUBLIC WORKAND IS SUBJECT TO PREVAILING WAGES.0I0 ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOS IS OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED. 2�1C1NQ SHALL AIALSO A ,jMTERJED.l_ PLIAfV ES City of Santa Ana IFIE No.25-069A r _ ATTACHMENT B BIDDER'$ STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Company Full Legal IVemo: Inter-Pacific, Inc, Busfness Address: - 39 Peters .:, Canyon "..'� - Rd„ IMne,CA 92�U8 Southern California Address: (if different) Webslte Address: www.inter-peelfle.com w Length of time firm has been in business: 24 years Type of business: S~tYpg if incorporated,state of Illinois (LLC, Partnership,or Corporation) corporation Incor oration: pcategory Number: na Ana Business. . Please check the a plicaktle cats c below. City of Cants B Lic�anse "Small"Santa Ana Business(?%preference) 376042 LI"Small"grange County Business(4%preference) 0 father Santa Ana Business(11%preference) Orange County City: Cl Ions Apply Business License No: 102-577844 htli3 'I K'IP-b tiP OiOl ifN t7�iM 1 .IIViR A'TIONi i;1".Ai?PLI�AB CSLB Number(a),917831 DIR Registration Number., Contraotor's License Classiflcatlon(s):� B, C.r"7., -1 0 1000011377 w 77 .;._, ... ':WF�QJ�C�':fifIANA(3E.R..C�PtTACT INFt"ik�l�(A'Ttt�N Name:Enoch Kang Phone:940-529-5977 Email:ekangQInter-pacific.00nn ext 204 CON CI iCT:AI i I IIS J 1 i4`i Chi ;cQ 1TAcr.,II FORMAT.Iont :. (I,ri ur`aitc�.ard-itith r n , Name:Richard Kuk Phone:949-529-5977 Email:rkuk@inter-pacific,com ext 107 BIDDERS STATEMENT: With my signature I confirm that I am authorized to bind the company, By submitting this Bid, I confirm I have read,understand,and accept the terms and conditions of this Invitation for Bid. Upon request,I will transfer and deliver all goods to the City In accordance with said terms and conditions. J .. Project Engineer Signatur � Title - Attachment B 01ty of Santa Ana/Purchasing Page 9 of 2 Al4 Q' g V CERTIFICATE OF LIABILITY INSURANCE F DATE(MMIDDIYYYY)10/9/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Inszone Insurance Services, LLC PHONE In Team FAX 2721 Citrus Road, Suite A E 877-308-9663 Arc No:916-400-2625 Rancho Cordova, CA 95742 AooR€ss: cerls inszoneins,com INSURERS AFFORDING COVERAGE NAIC# License#_OFa2764 INSURER A:General Insurance Company of America 24732 INSURED INTEING-15 INSURER B: Insurance Company of the West 27847 Inter-Pacific, Inc. 39 Peters Canyon Road INSURERC:West American Insurance Company 44393 Irvine, CA 92606 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1979646451 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMI6DIYYYY mnTirf" LIMITS C X COMMERCIAL GENERAL LIABILITY Y Y BKW62698905 91812025 9/8/2026 EACH OCCURRENCE S 1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence 5 500,000 MED EXP{Any one person) S 15,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY❑ PRO- ❑ LOC PRODUCTS-COMPIOP AGG S 2,000,000 X JECT OTHER: S A AUTOMOBILE LIABILITY Y Y AZG62698905 9/8/2025 9/812026 COMBINED SINGLE LIMIT S 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTYOAMAGE S AUTOS ONLY ALTOS ONLY Per accident S UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ H WORKERS COMPENSATION Y WSA 5084780 00 6/912025 6/9/2025 X PER IR AND EMPLOYERS'LIABILITY �,1 N STATUTE EFR ANYPROPRIETORIPARTNERIEXECUTIVE ("] E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? u NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1.000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE:All CA Operations performed by the Named Insured. The City of Santa Ana,its officers,officials,employees and volunteers are included as Additional Insured,with Primary/Non-Contributory and Waiver of Subrogation,as respects to General Liability and Auto Liability,per Forms CG 88 10 04 13.CG 85 83 04 13 and AC 00 33 10 21.Waiver of Subrogation applies to Workers'Compensation per form WC 99 06 34 When required by Written Contact. Tu Tran Ofgitally signed by Tu Tr Nguyen Nguyen APPROVED [By Tu Tran Nguyen at 9:52 am,Oct 13,2025 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 PROVISIONS. Attn: PWA-PFFR 20 Civic Center Plaza, M-21 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 f ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BKW62698905 COMMERCIAL GENERAL LIABILITY CG 85 83 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTSICOMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section I! -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": C Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products-completed operations hazard". However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. © 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission . Page 1 of 2 C. With respect to the insurance afforded by this endorsement, exclusion I. Damage To Your Work of Paragraph 2. Exclusions under Section I - Coverage A-Bodily Injury And Property Damage Liability is replaced by the following: 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". D. With respect to the insurance afforded to these additional insureds, the following is added to Section II - Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by contract or agreement; or fa 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. N E. With respect to the insurance afforded by this endorsement, Section IV - Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; N b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. Paragraph 4. of Section IV -Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental " contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. © 20131-lberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission . Page 2 of 2 POLICY NUMBER: BKW62698905 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance prodded under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 20131-lberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g.Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. N C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) " If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: P 1. Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Premises rented to you for a period of 7 or fewer consecutive days; or (11) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 2013 Liberty Mutual insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in,Section III -Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C- Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: fV d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section It -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal hales, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by E the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section 1-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3_ With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. N This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insureds policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under Pi this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; 8 (a) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual insurance CG 88 10 04 13 Includes copyrighted material of insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: 8 We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and g 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. N © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 POLICY NUMBER:AZG62698905 COMMERCIAL AUTO AC 00 33 10 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO POLICY BASE EXTENSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by endorsement. SECTION II--COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1. Newly Formed Or Acquired Subsidiaries The following is added to SECTION II--COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1.Who Is An Insured: d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period shown on the Declarations. Coverage shall apply for the first ninety(90) days after your acquisition or the formation of such subsidiary, including the date of acquisition or formation. If you wish to add or continue coverage you must ask us to insure the subsidiary within ninety (90) days after you acquire or form the subsidiary. However, "insured"does not include any subsidiary that: (1) Is a partnership orjoint venture; or (2) Is an "insured"under any other automobile policy except a policy written specifically to apply in excess of any coverage provided by this policy; or (3) Has exhausted its Limit of Insurance for any policy with effective dates overlapping the date of acquisition or formation; or (4) Fallowing the entity's acquisition or formation by you, has had any other automobile policy cancelled or non-renewed. Coverage under this provision d. does not apply to "bodily injury" or "property damage" caused by an accident that occurred before you acquired or formed the subsidiary. 2. Employee Hired Auto The following is added to SECTION II—COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1.Who Is An Insured: e. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. Paragraph 5.b.of the Other Insurance Condition in the Business Auto and Auto Dealers Coverage Forms and Paragraph 5.f. of the Other Insurance -Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered"autos"you own: 1. Any covered "auto"you lease, hire, rent or borrow; and AC 00 33 10 21 ©2021 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 07/25/2025 62698905 PLCM-CL EC Ensured Copy 2. Any covered"auto"hired or rented by your"employee" under a contract in an"employee's"name,with your permission,while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". 3. Employees As Insureds The following is added to the SECTION II—COVERED AUTOS LIABILITY COVERAGE, Paragraph A.I.Who Is An Insured: f. Any"employee"of yours is an "insured"while using a covered "auto"you don't own, hire or borrow in your business or your personal affairs. 4. Additional Insured By Contract, Agreement Or Permit The following is added to SECTION II—COVERED AUTOS LIABILITY COVERAGE, Paragraph A.I.Who Is An Insured: g. Any person, organization or governmental or public authority with respect to the operation, maintenance or use of a covered "auto", provided that you and such person, organization, or governmental or public authority have agreed in a written contract, written agreement, or permit, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person, organization or governmental or public authority is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you exhausted the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The"insured"is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to be primary and noncontributory per provision 13. of this endorsement, this policy is excess over any other collectible insurance. 5. Supplementary Payments SECTION II — COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments, Paragraph (4) is replaced by the following: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 per day because of time off from work. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: 6. Physical Damage--Additional Transportation Expense Coverage Paragraph AA.a.Coverage, Coverage Extensions,Transportation Expenses of SECTION III—PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500. 7. Extra Expense—Broadened Coverage The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: c. We will pay up to$1,000 for costs incurred to return a stolen auto to you. Page 2 of 4 02021 Liberty Mutual Insurance AC 00 33 10 21 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 07/25/2025 62698905 PLCM-CL EC Insured Copy 8. Accidental Airbag Deployment SECTION III—PHYSICAL DAMAGE COVERAGE, B. Exclusions Paragraph 3.a. is replaced by the following: a. Wear and tear, freezing, mechanical or electrical breakdown. However, this exclusion does not apply to the accidental discharge of an alrbag if Comprehensive or Collision Coverage is shown in the Declarations. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other insurance or warranty. 9. Glass Repair—Waiver Of Deductible (Coverage Not Applicable In FL) SECTION III—PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by the addition of the following: No deductible will apply to covered glass damage if the glass is repaired rather than replaced. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: 10. Amended Duties In The Event Of Accident, Claim, Suit, Or Loss SECTION IV—BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the following: a. In the event of"accident", claim, "suit"or"loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the"employee"designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How,when and where the "accident" or"loss"took place; (b) The"insured's" name and address; and (c) The names and addresses of any injured persons and witnesses. 11. Waiver Of Transfer Of Rights Of Recovery Against Others To Us SECTION IV — BUSINESS AUTO CONDITIONS, Paragraph A.S., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or"loss", our rights are waived also. 12. Hired Auto Coverage Territory SECTION IV—BUSINESS AUTO CONDITIONS, Paragraph B.General Conditions, Item 7.b.(5), Policy Period, Coverage Territory, is replaced with the following: Anywhere in the world, for covered "autos" hired for thirty(30)days or less. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. AC 00 33 10 21 ©2021 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 07/25/2025 62598905 PLCM-CL EC Insured Copy T 13. Primary And Non-Contributory If Required By Written Contract Or Written Agreement The following is added to SECTION IV— BUSINESS AUTO CONDITIONS, B. GENERAL CONDITIONS, 5. Other Insurance and supersedes any provision to the contrary: e. Subject to the applicable limits of liability,this Coverage Form's Covered Autos liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: (1) Such "insured" is a Named Insured under such other insurance; and (2) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance collectible to such"insured". SECTION V—DEFINITIONS is amended as follows: 14. Bodily Injury Redefined Under SECTION V—DEFINITIONS, Paragraph C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. Page 4 of 4 00 2021 Liberty Mutual Insurance AC 00 33 10 21 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 07/25/2025 62698905 PLCM-CL EC insured Copy WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be % of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED UNDER THE WRITTEN CONTRACT TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/09/2025 Policy No. WSA 5084780 00 Endorsement No. Insured INTER—PACIFIC INC Premium Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 06 34 (Ed. 8-00) INSURED