(408) 452-1537

1. ACCEPTANCE: The proposal and pricing estimated herein are valid for acceptance within the fifteen days and, thereafter, are subject to equipment and resource availability. Should the work be extended beyond the period quoted. KING CRANE SERVICE reserves the right to negotiate an equitable adjustment.

2. ACCESS: Contractor/Owner will provide reasonable access for equipment and a safe place to work which complies with Federal OSHA and CAL/OSHA. Firm, level, all weather roadways, access road and ramps, and work areas will be provided for cranes and transporting equipment.

3. LIFTING LUGS FURNISHED BY OTHERS: KING CRANE SERVICE will assume no liability or responsibility for the adequacy of the design or the strength of any lifting lug embedded or attached to any object, whether concrete, steel, or other, to which we attach for handling or holding, whether or not it is furnished by Contractor/Owner, manufacturer or others.

4. WORKING CONDITIONS: All work will be performed on a straight time basis during regular working days on a generally recognized eight- hour shift. All commitments in which time is of the essence are contingent upon strikes and force majeure causes beyond our control. This proposal is based upon one mobilization at the job site with our work being performed in a continuous and uninterrupted manner with exclusive use of the required work area.

5. OBSTRUCTIONS: Overhead and underground obstructions and facilities will be removed or made safe by others. KING CRANE SERVICE will not be held responsible for damage to underground structures, voids or utilities not specifically identified in advance, or for damage to concrete or asphalt. Protection of identified underground items, concrete or asphalt must be agreed to by all parties, in advance, in writing.

6. INSURANCE AND INDEMNIFICATION: To the fullest extent permitted by law, Contractor/Owner will indemnify KING CRANE SERVICE against loss or expense, including cost of defense, by reason of liability imposed by law for damages resulting from death or injury to persons or destruction of property occurring during the performance of the work under any contract made on the basis of this proposal, except to the extent that such death, injury or damage shall have been due to the active negligent act or willful misconduct of KING CRANE SERVICE, its agents or employees.

Contractor/Owner will purchase and maintain a broad form All-Risk Builder’s Risk insurance policy upon the entire project, including work in progress and completed work, for the full cost of repair or replacement. Said insurance will include coverage for project delays. The policy will be endorsed to name KING CRANE SERVICE and its subcontractors as additional named insured. The policy coverage will insure against loss from the perils of fire and extended coverage and will include “All Risk” coverage for physical loss or damage including at least theft, vandalism, malicious mischief, transit, collapse, flood and earthquake. In the event of a loss, the deductible and uninsured perils will be paid by Contractor/Owner. If KING CRANE SERVICE is required by Contractor/Owner to enroll in any CCIP/OCIP, then all costs, including but not limited to administrative and enrollment fees, will be charged to and paid for by Contractor/Owner. The CCIP/OCIP credit shall not exceed the amount of KING CRANE SERVICE’s actual costs based on its insurance limits and deductibles. No credit will be given for any CCIP/OCIP administrative overhead and profit and/or fees, and no credit for excess liability coverage. Credit, if any, will be issued at the completion of KING CRANE SERVICE’s scope of work after a final reconciliation.

7. PAYMENTS: Progress payments will be made to KING CRANE SERVICE monthly; all invoices are due and payable upon presentation. There shall be no retention unless agreed to in writing. Any unpaid balance shall bear interest from the due date until paid, at the rate of 1.5% per month. If the account is referred for collection, the Contractor/Owner agrees to pay collection costs and attorney’s fees.

8. LIQUIDATED AND CONSEQUENTIAL DAMAGES: KING CRANE SERVICE has made no contingency in either proposal or pricing for indirect, liquidated or consequential damages and will assume no responsibility or liability for either. References to said damages in contract documents are not acceptable or binding.

9. HAZARDOUS MATERIALS: The handling or transportation of any hazardous materials, or equipment or containers containing hazardous materials, is specifically excluded from KING CRANE SERVICE’s scope of supply. These materials include, but are not limited to, the following: Asbestos, fuels, oils, explosives and materials known to be cancer causing carcinogens. Workers’ Compensation claims resulting from the handling of such materials will not be excluded from subrogation by any waiver furnished by KING CRANE SERVICE. The Contractor/Owner will advise KING CRANE SERVICE in writing prior to the commencement of KING CRANE SERVICE’s work of the presence of hazardous materials, if any. A written resolution of the disposition of hazardous materials will be provided to KING CRANE SERVICE prior to the start of the work which is the subject of this proposal.

10. WARRANTY LIMITATION: Warranty of services provided is limited to acceptance upon completion.

11. VENUE: In any legal action which may result from a contract entered into on the basis of this proposal, the laws of the State of California shall govern such action. Venue for legal actions, if any, will be Alameda County, California. KING CRANE SERVICE will be entitled to actual attorney’s fees and cost of litigation to enforce the terms contained herein.

12. BORROWED SERVANT: When services are provided on a Time and Material basis or Operated and Maintained Equipment, working as Directed, Contractor/Owner agree that the personnel are under the direct supervision and control of Contractor/Owner and are provided under the Borrowed Servant Doctrine as borrowed servants or employees of Contractor/Owner. Contractor/Owner shall supervise and have the right to control the work of the personnel and shall be fully liable for any and all loss or damage, including property damage and bodily injury or death as a result of the acts or omissions of personnel provided hereunder.

13. NO OTHER AGREEMENT: This proposal and terms and conditions shall be the complete agreement and understanding by and between the parties unless KING CRANE SERVICE and Contractor/Owner have entered into a separate written contract for the services. KING CRANE SERVICE shall not be bound by any other contracts or obligations for Contractor/Owner unless expressly agreed to in writing by KING CRANE SERVICE.

14. BRACES: In the event the work requires braces then Contractor/Owner will provide bracing and bracing labor in sufficient numbers to prevent standby time by KING CRANE SERVICE’s erection crew.

15. CAL/OSHA STANDARD COMPLIANCE: For work requiring hoisting and erecting of precast and prefabricated panels, and tilt-up concrete panels Contractor/Owner shall be responsible for compliance with CAL/OSHA Title 8, Subchapter 4, Article 29, Sections 1714 and 1715 of Construction Safety Orders, which requires the civil or structural engineer registered in the State of California to provide lifting and erection plans and procedures.