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HomeMy WebLinkAboutBYROM-DAVEY, INC. (SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS)DocuSign Envelope ID'29F3Ra95-SF36-4(5A-999D-1 F56F9244C62 INSURANCE ON FILE WORK MAY PROCEED CITY OF SANTA ANA UNTIL INSURANCE D(PIRES I . 1:7,_ CONSTRUCTION CONTRACT CLERK OF COUNCIL PROJECT 19-7527 D914 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS N N This CONSTRUCTION CONTRACT is made and entered into this 191 day of July, 2022 by and between co the City of Santa Ana, California, a charter city and municipal corporation organized and existing CZ) under the Constitution and laws of the State of California (hereinafter "CITY"), and Byrom -Davey, Inc. (hereinafter "CONTRACTOR"). (5 kaL.Ari To"A)C3)A)2 WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Anita Park New Synthetic Soccer Field & Park Improvements (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council, 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Seven Million Three Hundred Seventeen Thousand Seven Hundred and One Dollars and No Cents ($7,317,701.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. mv. 09/01/2017 Page 1 of 3 DocuSign Envelope ID: 29F3B495-5F36-4C5A-999D-1 F56F9244C62 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, famish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; Page 2 of 3 DocuSign Envelope ID: 29F3B495-5F36-4C5A-999D-1F56F9244C62 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ ,�iClerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: � �- JOHN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: i aih NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRI�IDGE- City Manager CONTRACTOR: Byrom -Davey, Inc. Eooeusia�•a by: v 8a05741E0FB94C5... NAME: Steve Davey TITLE: president/CEO Page 3 of 3 Tori Pierson os',202 06.o;; ;; O-0TUD' ACC) i® CERTIFICATE OF LIABILITY INSURANCE DATE/(MWDD 2YY) 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 Alliant Insurance Services, Inc. 701 B Street 6th Floor San Diego CA 92101 CONTACT NAME: Norma Figueroa PHONE bvC.N . 619-849-3871 ac 4o:619-699-2163 nDURESS, nfi ueroa@alliant.com INSURERS AFFORDING COVERAGE NAIL# INSURER A: Executive Risk Indemnity Inc 35181 LicenseM OC36861 INSURED BYROINC-02 Inc. 13220Byrom-DaveyEEvening 13220 Evening Creek Drive, Suite 103 INSURER e: AXIS Surplus Insurance Company 26620 INSURER C: Federal Insurance Company 20281 INSURER D: Allied World National Assuranc 10690 San Diego CA 92128 NSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1780266619 REVISION NUMRFR- 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. ILTR TYPE OF INSURANCE ADDL SUBS POLICYNUMBER POLICYEFF MM/DDIYYVY POLICY EXP MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE T OCCUR Y 54303294 10/31/2021 10/31/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ee accunence $100.000 MED EXP (Airy onepa,son) $5,000 PERSONAL a ADV I NJURV $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Z JECT LOC GENERALAGGREGATE $2,000,000 PRODUCTS-COMP/OP AGG $2,000,000 I DEDUCTIBLE: SUED $5.000 OTHER: I C AUTOMOBILE LIABILITY Y 54303293 10/31/2021 10/31/2022 COMBINED SINGLE LIMIT Ea accident $1,000,000 X ANY AUTO BODILY INJURY (Per Person) $ I OWNED SCHFOULED AUTOS ONLY AUTOB BODILY INJURY (Panitlenl aw ) $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ 0 UMBRELLALIAB X OCCUR 03104015 10/31/2021 10/31/2022 EACHOCCURRENCE $11.000,000 AGGREGATE $11,000,000 X EXCESB LIAR CLAIMS -MADE DED RETENTION$ PRODUCTS-COMP/OPAGG $11,000,000 C WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY Y/N Y 54303295 10/31/2021 10/31/2022 X STATUTE ERH E.L. EACH ACCIDENT $1,000,000 ANYPROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMSEREXCLUDED? NIA E.L. DISEASE -EA EMPLOYE $1,000,000 (Mandatory In NH) If yea, describe under E.L. DISEASE -POLICY LIME $1,000,000 DESCRIPTION OF OPERATIONS below B Professional B Pollution Liability CM002961-04-2021 10/31/2021 10/31/2022 Each Claim Aggregate Se Insured Retentio $3,000.000 $3.000.000 $25,000 DESCRIPTION OF OPERATIONS I LOCATIONS [VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Re: #2209, Project #19-7527, Santa Anita Park New Synthetic Soccer Field and Park Improvements, 300 S. Figueroa Street, Santa Ana, CA 92704. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are included as Additional Insureds on primary and non-contributory basis, waiver of subrogation applies. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD V POLICY NUMBER: 54303294 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) WHERE REQUIRED BY WRITTEN CONTRACT ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule if not shown above will be shown in the Declarations. I A. Section It — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 2. 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 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. 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 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. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 .. o R�6A�BY: 11 Ruk Mv,apenm, 0'.-1,. raye i v1 4 C. 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: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. BEMEWID rs�o� ;Mrgw®Bv: ,aukMums ¢»a.� R.kfMw9e„mt Oniral Pitln Page 2 of 2 © Insurance Services Office, Inc., 2018 POLICY NUMBER: 54303294 COMMERCIAL GENERAL LIABILITY CG 20 3712 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations WHERE REQUIRED BY WRITTEN CONTRACT, BUT ONLY WHEN THE CONTRACT SPECIFIES COVERAGE FOR COMPLETED OPERATIONS ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the 'products -completed operations hazard". 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 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. B. 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: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 12 19 © Insurance Services Office, Inc., 2012 RUkM g..LVdg. R"n 6Ar"rswm BY. rs�i, Mn,apare,n a"�Uiane rays vi i POLICY NUMBER: 54303294 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): ALL OF YOUR DESIGNATED CONSTRUCTION PROJECTS WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by 'occur- damages or under Coverage C for medical rences" under Section I — Coverage A, and for all expenses shall reduce the Designated Con - medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- t. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen - completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". waae�aonaa r Ik48\[�L Mma+ ft 8j 7&d %1rn4ft ReN Manage,mrt Umal /4tle CG 25 03 05 09 © Insurance Services Office, Inc., 2008 vauv , V, , W B. For all sums which the insured becomes legally C. obligated to pay as damages caused by 'occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section 1 — Coverage C, which cannot be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical D. expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the 'products -completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Wyk M.ZI DM: RukMaw9emm,ClmculNtle Page 2 of 2 © Insurance Services Office, Inc., 2008 Vw 14 VJ VD VO POLICY NUMBER: 54303294 COMMERCIAL GENERAL LIABILITY 10-02-2461 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: WHERE REQUIRED BY WRITTEN CONTRACT ALL LOCATIONS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.Otherinsuranceandsupersedes any provision to thecontrary: Primary And Noncontributory Insurance This insurance is primary to and will not seekcontribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under thispolicyprovided that: (1) The Additional Insured is a named insuredundersuch other insurance; and (2) You have agreed in writing in a contract oragreement that this insurance would beprimary and would not seek contributionfrom any other insurance available to theAdditional Insured. 10.02-2461 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. � P •a IRVF.vI®cArrxw®Sr. 8' g %au �rex.ax Rck Ma.ugenm� Umrrl Pitle POLICY NUMBER: 54303294 COMMERCIAL GENERAL LIABILITY Form 10-02-1800 (Rev. 09-17) COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declara- tions, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An In- sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I —COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay damages that the insured be- comes legally obligated to pay for "bodily inju- ry" or "property damage" to which this insur- ance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seek- ing damages for "bodily injury" or "property damage" to which this insurance does not ap- ply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury' or "property damage" is caused by an "occurrence" that takes place in the "coverage territory" (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "oc- currence" or claim, knew that the "bodily in- jury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any con- tinuation, change or resumption of such "bodily injury" or "property damage" will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed un- der Paragraph 1. of Section II — Who Is An In- sured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other in- surer; (2) Receives a written or verbal demand or claim for damages for the "bodily injury' or "property damage'; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has oc- curred or has begun to occur. d. Damages for "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" arising out of an act that: (1) Is expected or intended from the standpoint of the insured; or (2) Would be expected or intended from the standpoint of a reasonable person in the circumstances of the insured; Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with 17) its permission w.tatu� 11 RenEwID6AvrRwmBr. Rek Wa ge„n1t C1ffrJAde to cause "bodily injury" or "property damage", even if the actual "bodily injury" or "property (1) An "employee" of the insured arising out of in damage" is of a different degree or type than and the course of: intended or expected. (a) Employment by the insured; or This exclusion does not apply to "bodily injury" (b) Performing duties related to the conduct or "property damage" resulting from the use of of the insured's business; or reasonable force to protect persons or proper- (2) The spouse, child, parent, brother or sister ty. of that "employee" as a consequence of b. Contractual Liability Paragraph (1) above. "Bodily injury" or "property damage" for which This exclusion applies whether the insured the insured is obligated to pay damages by may be liable as an employer or in any other reason of the assumption of liability in a con- capacity and to any obligation to share dam - tract or agreement. This exclusion does not ages with or repay someone else who must apply to liability for damages: pay damages because of the injury. (1) That the insured would have in the absence This exclusion does not apply to liability as - of the contract or agreement; or sumed by the insured under an "insured con- (2) Assumed in a contract or agreement that is tract". f. an "insured contract", provided the "bodily Pollution injury" or "property damage" occurs subse- (1) "Bodily injury" or "property damage" arising quent to the execution of the contract or out of the actual, alleged or threatened dis- agreement. charge, dispersal, seepage, migration, re- c. Liquor Liability lease or escape of "pollutants": "Bodily injury" or "property damage" for which (a) At or from any premises, site or location any person or organization may be held liable which is or was at any time owned or by reason of: occupied by, or rented or loaned to, any (1) Causing or contributing to the intoxication insured. However, this subparagraph does not apply to: of any person; (2) The furnishing of alcoholic beverages to a ' � ry" if sustained within a (i) "Bodilyinjury" building and caused by smoke, person under the legal drinking age or un- fumes, vapor or soot produced by or der the influence of alcohol; originating from equipment that is (3) Any statute, ordinance or regulation relating used to heat, cool or dehumidify the to the sale, gift, distribution or use of alco- building, or equipment that is used to holic beverages; or heat water for personal use, by the (4)Providing or failing to provide transportation building's occupants or their guests; with respect to any person that may be un- (Ii) "Bodily injury" or "property damage" der the influence of alcohol in connection for which you may be held liable, if with any circumstances described in c.(1), you are a contractor and the owner (2), or (3) above. or lessee of such premises, site or This exclusion applies only if you are in the location has been added to your pol- of manufacturing, distributing, selling, icybusiness as an additional insured with re- sped to serving or furnishing alcoholic beverages. your ongoing operations performed for that additional insured For the purposes of this exclusion, consump- at that premises, site or location and tion of alcoholic beverages brought on your such premises, site or location is not premises (whether or not a fee is charged or a and never was owned or occupied license is required for such activity) will not be by, or rented or loaned to, any in - deemed, in itself, to constitute the business of sured, other than that additional in - furnishing, selling or serving alcoholic bever- sured; or ages. (III) "Bodily injury" or "property damage" d. Workers' Compensation And Similar Laws arising out of heat, smoke or fumes Any obligation of the insured under a workers' from a "hostile fire"; compensation, disability benefits or unem- (b) At or from any premises, site or location ployment compensation law or any similar law. which is or was at any time used by or e. Employer's Liability for any insured or others for the han- "Bodily injury" to: dling, storage, disposal, processing or treatment of waste; Page 2 of 16 Includes copyrighted material of ISO Properties, Form 10- � cnr BY.. Inc., with its permission 7du �sxaar R.1k age"nnClmcal Ad, (c) Which are or were at any time trans- (a) At or from any premises, site or location ported, handled, stored, treated, dis- on which any insured or any contractors posed of, or processed as waste by or or subcontractors working directly or in - for: directly on any insured's behalf are per- (t) Any insured; or forming operations if the operations are r (i Any person or organization for whom to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or you may be legally responsible; or in any way respond to, or assess the ef- (d) At or from any premises, site or location fects of, "pollutants". on which any insured or any contractors (2) Any loss, cost or expense arising out of or subcontractors working directly or in- any: directly on any insured's behalf are per- forming operations if the "pollutants" are orderstatutory (a) Request, demand, order or statutory or brought on or to the premises, site or lo- regulatory requirement that insured g ry q y cation in connection with such opera- or others test for, monitor, clean up, re- tions by such insured, contractor or move, contain, treat, detoxify or neutral - subcontractor. However, this subpara- ize, or in any way respond to; or assess graph does not apply to: the effects of, "pollutants'; or (t) "Bodily injury" or "property damage" (b) Claim or "suit" by or on behalf of a gov- arising out of the escape of fuels, ernmental authority for damages be - lubricants or other operating fluids cause of testing for, monitoring, clean - which are needed to perform the ing up, removing, containing, treating, normal electrical, hydraulic or me- detoxifying or neutralizing, or in any way chanical functions necessary for the responding to, or assessing the effects operation of "mobile equipment" or of, "pollutants". its parts, if such fuels, lubricants or However, this paragraph does not apply to other operating fluids escape from a liability for damages for "property damage" vehicle part designed to hold, store that the insured would have in the absence or receive them. This exception does of such request, demand, order or statutory not apply if the "bodily injury" or or regulatory requirement, or such claim or "property damage" arises out of the "suit" by or on behalf of a governmental au - intentional discharge, dispersal or re- thority. lease of the fuels, lubricants or other g, Aircraft, Auto Or Watercraft operating fluids, or if such fuels, lub- ricants or other operating fluids are "Bodily injury" or "property damage" arising out brought on or to the premises, site or of the ownership, maintenance, use or en - location with the intent that they be trustment to others of any aircraft, "auto" or wa- discharged, dispersed or released as tercraft owned or operated by or rented or part of the operations being per- loaned to any insured. Use includes operation formed by such insured, contractor and "loading or unloading". or subcontractor; This exclusion applies even if the claims (it) "Bodily injury' or "property damage" against any insured allege negligence or other sustained within a building and wrongdoing in the supervision, hiring, employ - caused by the release of gases, ment, training or monitoring of others by that fumes or vapors from materials insured, if the "occurrence" which caused the brought into that building in conned "bodily injury" or "property damage" involved tion with operations being performed the ownership, maintenance; use or entrust - by you or on your behalf by a con- ment to others of any aircraft, "auto" or water - tractor or subcontractor; or craft that is owned or operated by or rented or ("u'") "Bodily u y injury" or "property damage" loaned to any insured. arising out of heat, smoke or fumes This exclusion does not apply to: from a "hostile fire". (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; ruaro� rI"N 6 Mvx Sr. Form 10-02-1800 (Rev. 09- Includes copyrighted material ISO Properties, Inc., of withn° 17) its permission t Felt Nlana9e,m,t Claicil Pitle (3) Parking an "auto" on, or on the ways next Paragraphs (1), (3) and (4) of this exclusion do to, premises you own or rent, provided the "auto" not apply to "property damage" (other than is not owned by or rented or loaned damage by fire) to premises, including the con - to you or the insured; tents of such premises, rented to you for a pe- (4) Liability assumed under any "insured con- riod of 7 or fewer consecutive days. A separate tract" for the ownership, maintenance or limit of insurance applies to Damage To Prem- use of aircraft or watercraft; or ises Rented To You as described in Section III (5) "Bodilyu injury" j ry" or "property damage" arising — Limits Of Insurance. out of: Paragraph (2) of this exclusion does not apply (a) The operation of machinery or equip- if the premises are "your work" and were never ment that is attached to, or part of, a occupied, rented or held for rental by you. land vehicle that would qualify under the Paragraphs (3), (4), (6) and (6) of this exclu- definition of "mobile equipment" if it sion do not apply to liability assumed under a were not subject to a compulsory or fi- sidetrack agreement. nancial responsibility law or other motor Paragraph (6) of this exclusion does not apply vehicle insurance law where it is li- to "property damage" included in the "products- censed or principally garaged; or completed operations hazard". (b) The operation of any of the machinery j. Damage To Your Product or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equip- "Property damage" to "your product" arising out ment". of it or any part of it. h. Mobile Equipment k. Damage To Your Work "Bodily injury" or "property dama e" arising out y try p p g g "Property damage" to "your work" arising out of of: it or any part of it and included in the "products - (1) The transportation of "mobile equipment" by completed operations hazard". an "auto" owned or operated by or rented or This exclusion does not apply if the dama ed g loaned to any insured; or work or the work out of which the damage (2) The use of "mobile equipment" in, or while arises was performed on your behalf by a sub- contractor. for, or while being prepared for, i any y prearranged racing, speed, demolition, I. Damage To Impaired Property Or Property or stunting activity. Not Physically Injured 1. Damage To Property "Property damage" to "impaired property" or "Property damage" to: property that has not been physically injured, arising out of: (1) Property you own, rent, or occupy; (1) A defect, deficiency, inadequacy or dan- (2) Premises you sell, give away or abandon, if gerous condition in "your product" or "your the "property damage" arises out of any work", or part of those premises; (2) A delay or failure by you or anyone acting (3) Property loaned to you; on your behalf to perform a contract or (4) Personal property in the care, custody or agreement in accordance with its terms. control of the insured; This exclusion does not apply to the loss of (5) That particular part of real property on use of other property arising out of sudden and "your which you or any contractors or subcontrac- accidental physical injury to product" or "your work" after it has been put to its intended tors working directly or indirectly on your use. behalf are performing operations, if the "property damage" arises out of those op- m. Recall Of Products, Work Or Impaired erations; or Property (6) That particular part of any property that Damages claimed for any loss, cost or ex - must be restored, repaired or replaced be- pense incurred by you or others for the loss of cause "your work" was incorrectly per- use, withdrawal, recall, inspection; repair, re- formed on it. placement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) 'Impaired property", Page 4 of 16 Includes copyrighted material of ISO Properties, Form 10• R w &A &r. � '� Inc., with its permission 701Z cHo.r pit Rnk A4nagerrm, Oaiul/ tle if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. n. Personal And Advertising Injury "Bodily injury" arising out of "advertising injury" or "personal injury". o. Access To 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 in- formation, including patents, trade secrets, processing methods, customer lists, finan- cial information, credit card information, health information or any other type of non- public information; or (2)The loss of, loss of use of, damage to, cor- ruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages be- cause of "bodily injury". As used in this exclusion, 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 pro- cessing devices or any other media which are used with electronically controlled equipment. Exclusions c. through m. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay damages that the insured be- comes legally obligated to pay for "advertising injury" or "personal injury" to which this insur- ance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seek- ing damages for "advertising injury" or "per- sonal injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi- cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "advertising injury" or "personal injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Advertising injury" or "personal injury" arising out of an offense committed by or on behalf of the insured, that: (1) Is intended by such insured; or (2) Would be expected from the standpoint of a reasonable person in the circumstances of such insured; to cause injury. b. Publications With Knowledge Of Falsity "Advertising injury' or "personal injury" arising out of any electronic, oral, written or other pub- lication of content or material by or with the consent of the insured: (1) With knowledge of its falsity; or (2) If a reasonable person in the circumstances of such insured would have known such content or material to be false. Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with 17) its permission Kil x�ona� RiA, M1fanagenmtOmUl Aitle ;- c. Prior Offenses "Advertising injury' or "personal injury" arising out of any offense first committed before the beginning of the policy period. d. Crime Or Fraud "Advertising injury" or "personal injury" arising out of any criminal or fraudulent conduct com- mitted by or with the consent or knowledge of the insured. e. Contracts "Advertising injury" or "personal injury" for which the insured is obligated to pay damages by reason of assumption of liability in a con- tract or agreement. This exclusion does not apply to the liability for damages: (1) That such insured would have in the ab- sence of such contract or agreement; or (2) Assumed in a written contract or agreement that is an "insured contract", provided the "advertising injury" or "personal injury" to which this insurance applies is caused by an offense first committed after the execu- tion of such contract or agreement. C Breach Of Contract "Advertising injury' or "personal injury" arising out of breach of contract. g. Failure To Conform To Representations Or Warranties "Advertising injury" or "personal injury" arising out of the failure of goods, products or services to conform with any electronic, oral, written or other representation or warranty of durability, fitness, performance, quality or use. h. Wrong Description Of Prices "Advertising injury" or "personal injury" arising out of the wrong description of the price of goods, products or services. I. Media Type Businesses "Advertising injury" or "personal injury" arising out of an offense committed by or on behalf of an insured whose business is advertising, broadcasting, cablecasting, publishing, tele- casting or telemarketing. This exclusion does not apply to "personal inju- ry" caused by an offense described in Para- graphs 21. a., b. and c. of the definition of "personal injury" under the Definitions Section. j. Internet Activities "Advertising injury' or "personal injury" arising out of: (1) Controlling, creating, designing or develop- ing of another's Internet site; (2) Controlling, creating, designing, developing, determining or providing the content or ma- terial of another's Internet site; (3) Controlling, facilitating or providing, or failing to control, facilitate or provide, access to the Internet or another's Intemet site; or (4) Publication of content or material on or from the Internet, other than material developed by you to or at your direction. k. Continuing Offenses "Advertising injury" or "personal injury" that arises out of that part of an offense that contin- ues or resumes after the later of the end of the policy period of: (1) This insurance; or (2)A subsequent, continuous renewal or re- placement of this insurance, that: (a) Is issued to you by us or by an affiliate of ours; (b) Remains in force while the offense con- tinues; and (c) Would otherwise apply to "advertising injury" and "personal injury". Pollution "Advertising injury" or "personal injury" arising out of the actual, alleged or threatened dis- charge, dispersal, seepage, migration, release or escape of "pollutants" at any time. m. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or assessing the effects of, "pollutants". n. Access Or Disclosure Of' Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal infor- mation, including patents, trade secrets, pro- cessing methods, customer lists, financial in- formation, credit card information, health information or'any other type of nonpublic in- formation. Page 6 of 16 Includes copyrighted material ISIkme 6ArrRa�m BY: O Properties, Form 10. `n` Tau P&,w" Inc., with its permission Rek M,na9enm[ Cleiul N,le This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury' caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "cover- age territory" and during the policy peri- od; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examina- tion, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap- plicable limit of insurance. We will pay reason- able expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devic- es; and (3) Necessary ambulance, hospital, profes- sional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occu- pies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed opera- tions hazard". g. Coverage A Exclusions Excluded under Coverage A. COVERAGE FORM EXCLUSIONS The following exclusions apply to all Coverages in this Coverage Form and all endorsements attached to it. 1. Asbestos, Silica Or Similar Compounds, Including Mixed Dust a. This insurance does not apply to any damages, loss, cost or expense arising out of the actual, alleged or threatened contaminative, pathogen- ic, toxic or other hazardous properties of: (1) "Asbestos"; (2) "Silica"; or _ (3) "Mixed dust". b. This insurance does not apply to any damages, loss, cost or expense arising, in whole or in part, out of any: (1) Demand, order, request or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess; or (2) Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or as- sessing; the effects of "asbestos", "silica" or "mixed dust". 2. Employment -Related Practices This insurance does not apply to any damages, loss, cost or expense sustained at any time by: a. Any person, whether or not sustained in the course of employment by any insured, arising out of any employment -related act, omission, policy, practice or representation directed at RA Mmg..d mw. Ib+ns 6Avrnw®Br. Form 10-02-1900 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with dl }11i l' tau pwuu„ 17) its permission RnkhN„age,ra,t ClairalPi,le such person, occurring in whole or in part at anytime, including any: (1) Arrest, detention or imprisonment; (2) Breach of any express or implied cove- nant; (3) Coercion, criticism, humiliation, prosecu- tion or retaliation; (4) Defamation or disparagement; (5) Demotion, discipline, evaluation or reas- signment; (6) Discrimination, harassment or segrega- tion; (7) (a) Eviction; or (b) Invasion or other violation of any right of occupancy; (8) Failure or refusal to advance, compensate, employ or promote; (9) Invasion or other violation of any right of privacy or publicity; (10)Termination of employment; or (11)Other employment -related act, omission, policy, practice, representation or relation- ship in connection with any insured at any time. b. The brother, child, parent, sister or spouse of such person at whom any employment -related act, omission, policy, practice or representation is directed, as described in paragraph a. above, as a consequence thereof. This exclusion applies: L Whether the insured may be liable as an em- ployer or in any other capacity; and ii. To any obligation to share damages with or repay someone else who must pay damages because of any of the foregoing. 3. Enhancement, Maintenance Or Prevention Ex- penses This insurance does not apply to any loss, cost or expense incurred by you or others for any: a. Enhancement or maintenance of any proper- ty; or b. Prevention of any injury or damage to any: 4. Fungi Or Bacteria This insurance does not apply to: a. 'Bodily injury", 'property damage", "personal injury' or "advertising injury" arising out of the actual, alleged or threatened contaminative, pathogenic, toxic or other hazardous properties of "fungi" or bacteria. b. Any damages, loss, cost or expense arising out of any: (1) Demand, order, request or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess; or (2) Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, re- moving, containing, treating, detoxifying or neutralizing, or in any way responding to, orassessing; the effects of "fungi" or bacteria. 5. Information Laws, Including Unauthorized Or Unsolicited Communications This insurance does not apply to any damages, loss, cost or expense arising out of any actual or alleged violation of: a. The United States of America CAN-SPAM Act of 2003 (or any law amendatory thereof) or any similar regulatory or statutory law in any other jurisdiction; b. The United States of America Telephone Con- sumer Protection Act (TCPA) of 1991 (or any law amendatory thereof) or any similar regulato- ry or statutory law in any other jurisdiction; c. The United States of America Fair Credit Re- porting Act (FCRA) (or any law amendatory thereof including the Fair and Accurate Credit Transactions Act (FACIA)) or any similar regu- latory or statutory law in any other jurisdiction; or d. Any other regulatory or statutory law in any ju- risdiction that addresses, limits or prohibits the collecting, communicating, disposal, dissemina- tion, distribution, monitoring, printing, publica- tion, recording, sending or transmitting of con- tent, information or material. (1) Person or organization; or 6. Intellectual Property Laws And Rights (2) Property you own, rent or occupy. This insurance does not apply to any damages, loss, cost or expense arising out of, giving rise to or in any way related to any actual, alleged or threatened: a. Assertion; or b. Infringement or violation; �koni:� Page 8 of 16 Includes copyrighted material of ISO Propert Form 10• a�cnrPRo�e P dS� �t 7 e �kmdar 01 Inc., with its permissiongo Ruk Nliru9cnn,t CImalNtle by any person or organization (including any insured) of any "intellectual property law or right'. Further, this insurance does not apply to the entirety of all allegations in any claim or "suit", if such claim or "suit" includes an allegation of or a reference to an infringement or violation of any "intellectual property law or right", even if this insurance would otherwise apply to any part of the allegations in the claim or "suit". This exclusion applies unless the only infringement or violation of an "intellectual property law or right" is an offense described in the definition of "advertising injury" to which this insurance applies. 7. Lead a. This insurance does not apply to any damages, loss, cost or expense arising out of the actual, alleged or threatened contaminative, pathogenic, toxic or other hazardous properties of "lead". b. This insurance does not apply to any damages, loss, cost or expense arising, in whole or in part, out of any: (1) Demand, order, request or regulatory or statutory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess; or (2) Claim or proceeding by or on behalf of a governmental authority or others for any damages, loss, cost or expense because of testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neu- tralizing, or in any way responding to, or as- sessing; the effects of "lead". 8. War This insurance does not apply to any damages, loss, cost or expense, however caused, arising, di- rectly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including ac- tion in hindering or defending against an actual or expected attack, by any government, sover- eign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental author- ity in hindering or defending against any of these. SUPPLEMENTARY PAYMENTS —COVERAGES A AND B We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: 1. All expenses we incur. 2. Up to $250 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 fur- nish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of in- surance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or de- fense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. 5. All court costs taxed against the insured in the "suit". However, these payments do not include at- torneys' fees or attorneys' expenses taxed against the insured. 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are.in- sureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an in- sured. Your members, your partners, and their spouses are also insureds, but only with re- spect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds,, but only with, respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect .to their du- ties as your officers or directors. Your stock- holders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their du- ties as trustees. Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with 17) Its permission Ruk 1lbugernm! gWtlm REvirwm6nvPxwmBr: COMM RukhNna9ermnClaiul Pitle 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or lim- ited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) 'Bodily injury", "advertising injury" or "per- sonal 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 li- ability company), to a co -"employee" while in the course of his or her em- ployment or performing duties related to the conduct of your business, or to your other "volunteer workers" while perform- ing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volun- teer worker" as a consequence of Para- graph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages for the in- jury 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. (2) 'Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or con- trol of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability com- pany). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has .been appointed. d. Your legal representative if you die, but only with respect to duties as such. That repre- sentative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named In- sured if there is no other similar insurance availa- ble to that organization. However,coverage under this provision is afforded only until the 90th day af- ter you acquire or form the organization or the end of the policy period, whichever is earlier. 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. No person or organization is an insured with respect to the: a. Ownership, maintenance or use of any assets; or b. Conduct of any person or organization whose assets, business or organization; you acquire, either directly or indirectly, for any: a. "Bodily injury" or "property damage" that occurred; or b. "Advertising injury" or "personal injury' arising out of an offense first committed; in whole or in part, before you, directly or indirectly, acquired such assets, business or organization. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re- gardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; and b. Damages under Coverage A, except damages for "bodily injury" or "property damage" includ- ed in the 'products -completed operations haz- ard". 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages for "bodily injury" and 'property damage" included in the 'products -completed operations hazard". Risk Mgad aM Page 10 of 16 Includes copyrighted material ISO Properties, Form 10• a Inc., with its permission Rw6 AwRo.�® By sion ! i 76u D&WOO Ri9aMU„a9enm[ Clmral A.Ae 4. The Personal and Advertising Injury Aggregate Limit is the most we will pay for the sum of dam- ages under Coverage B. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C for all "bodily injury" and "property damage" arising out of any one "occurrence". 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 for "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with per- mission of the owner. 7. Subject to Paragraph 5. above, the Medical Ex- pense Limit is the most we will pay under Cover- age C for all medical expenses because of "bodily injury" sustained by anyone person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written no- tice of the claim or "suit" as soon as practica- ble. c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any person or organization which may be liable to the insured for injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative. 4. Otherinsurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverag- es A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Para- graph b. below applies. If this insurance is pri- mary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insur- ance by the method described, in Paragraph c. below. Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc.., with 17) its permission aVIflFED 6 APPRva® Sr. �,IYLL1.IiJ�,� %u raimdart RuIIM1L„u9c,rmtClmralAide b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occu- pied by you with permission of the owner; (Ili) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rent- ed to you or temporarily occupied by you with permission of the owner; or (iv) If the loss arises out of the mainte- nance or use of aircraft, "autos" or watercraft. (b) Any other primary insurance available to you covering liability for damages aris- ing out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self - insured amounts under all that other in- surance. (4) We will share the remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method al- so. Under this approach each insurer contrib- utes equal amounts until it has paid its appli- cable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable lim- it of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years after- wards. c. The first Named Insured must keep records of the information we need for premium computa- tion, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree:, a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon representa- tions you made to us; and c. We. have issued this .policy in reliance upon your representations. 7. Separation Of insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this in- surance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Or Waiver Of Rights Of Recovery Against Others To Us We will waive the right of recovery we would oth- prwise have had against another person or organ- ization, for loss to which this insurance applies, provided the insured has waived their rights of re- covery against such person or organization in a contract or agreement that is executed before such loss. material of ISO Properties, Form 10- vhnsn.�o,-ma . Page 12 of 16 Includes copyrighted` ui ?ate Pc ea« Inc., with its permission __— rsnmM,"aee,R„,on�Uiaae -To the extent that the insured's rights to recover all or part of any payment made under this Cover- age Part have not been waived, those rights are transferred to us. The insured must do nothing af- ter loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Coverage C 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi- ration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means an electronic, oral, written or other notice, about goods, products or services, designed for the specific purpose of attracting the general public or a specific market segment to use such goods, products or services. "Advertisement" does not include any e-mail ad- dress, Internet domain name or other electronic address or metalanguage. 2. "Advertising injury" means injury, other than "bodi- ly injury", "property damage" or "personal injury", sustained by a person or organization and caused by an offense of infringing, in that particular part of your "advertisement" about your goods, products or services, upon their: a. Copyrighted "advertisement"; or b. Registered collective mark, registered service mark or other registered trademarked name, slogan, symbol or title. 3. "Asbestos" means asbestos in any form, including its presence or use in any alloy, by-product, com- pound or other material or waste. Waste includes materials to be recycled, reconditioned or re- claimed. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer de- signed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. However, "auto" does not include "mobile equip- ment". 5."Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease; sustained by a person, including resulting death, humiliation, mental anguish,.mental injury or shock at any time. All such loss shall be deemed to oc- cur at the time of the physical injury, sickness or disease that caused it. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions),, Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or dam- age arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Advertising injury" or "personal injury" offenses that take place through the Inter- net or.similar electronic means of commu- nication provided the insured's responsibility to pay dam- ages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employ- ee" does not include a "temporary worker'. B. "Executive officer" means a person holding any of the officer positions created by your charter, con- stitution, by-laws or any other similar governing document. 9. "Fungi" means any type or form of fungus, includ- ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. 10."Hostile fire" means one which becomes uncontrol- lable or breaks out from where it was intended to be. 11."Impaired property' means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, defi- cient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with 17) its permission ahtirbge�ionerar, ':': �Fek MNna9erm,i fJ�iUlNtle if such property can be restored to use by the re- pair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of prem- ises that indemnifies any person or organiza- tion for damage by fire to premises while rent- ed to you or temporarily occupied by you with permission of the owner is not an "insured con- tract'; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad; 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 your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume 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 a railroad for "bodily inju- ry" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifi- cations; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render pro- fessional services, including those listed in (2) above and supervisory, inspection, ar- chitectural or engineering activities. 13. "Intellectual property law or right" means any: a. Certification mark, copyright, patent or trade- mark (including collective or service marks); b. Right to, or judicial or statutory law recognizing an interest in, any trade secret or confidential or proprietary non -personal information; c. Other right to, or judicial or statutory law rec- ognizing an interest in, any expression, idea, likeness, name, slogan, style of doing busi- ness, symbol, title, trade dress or other intel- lectual property; or . d. Other judicial or statutory law concerning pira- cy, passing off or similar practices. 14. "Lead" means the element lead in any form, in- cluding its presence or use in any alloy, by- product, compound or other material or waste. Waste includes materials to be recycled, recondi- tioned or reclaimed. 16."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing fine, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 16."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto'; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, water- craft or "auto" to the place where it is finally de- livered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not at- tached to the aircraft, watercraft or "auto". 17. "Mixed dust" means any combination or mixture of "asbestos" or "silica and any other dust, fibers or particles, in any form, including any presence or use in any alloy, by-product, compound or other material or waste. Waste includes materials to be recycled, reconditioned or reclaimed. 18."Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; ' tli .� anenm 611PrRWm Br. Page 14 of 16 Includes copyrighted material is ISO Properties, Form 10. 7eu Pao" Inc., with its permission d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the follow- ing types: (1) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or car- go. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehi- cle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 19."Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 20."Personal and advertising injury' means a. "Advertising injury"; or b. Personal injury". 21. "Personal injury" means injury, other than "bodily injury", "property damage" or "advertising. injury", caused by an offense of: a. False arrest, false detention or other false im- prisonment; b. Malicious prosecution; c. Wrongful entry into, wrongful eviction of a person from or other violation of a person's right of private occupancy of a dwelling, prem- ises or room that such person occupies, if committed by or on behalf of its landlord, les- sor or owner; or d. Electronic, oral, written or other publication of material that: (1) Libels or slanders a person or organiza- tion (which does not include disparage- ment of goods, products, property or ser- vices); or (2) Violates a person's right of privacy. 22."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials.to be recycled, reconditioned or reclaimed. 23."Products-completed operations hazard": a. Includes all "bodily injury' and "property dam- age" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical pos- session; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the fol- lowing times: (a) When all of the work called for In your contract has been completed. (b) When all of the work to be done at the job site has been completed if your con- tract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or .subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be.treated as completed. b. Does not include "bodily injury" .or "property damage" arising out of: Form 10-02-1800 (Rev. 09- Includes copyrighted material of ISO Properties, Inc., with 17) its permission RA Mmgv"mt MM RENE`Lm6APMWID Br � tli1 %au Picvoa Rrsk M1Nna9enmeUmulPode (1) The transportation of property, unless the 28."Volunteer worker` means a person who is not injury or damage arises out of a condition in your "employee", and who donates his or her work or on a vehicle not owned or operated by and acts at the direction of and within the scope of you, and that condition was created by the duties determined by you, and is not paid a fee, "loading or unloading" of that vehicle by any salary or other compensation by you or anyone insured; else for their work performed for you. (2) The existence of tools, uninstalled equip- 29."Your product": ment or abandoned or unused materials; or a. Means: (3) Products or operations for which the classi- fication, listed in the Declarations or in a (1) Any goods or products, other than real policy schedule, states that products- property, rt roproperty, manufactured, sold, handled, dis- completed operations are subject to the or disposed of by: General Aggregate Limit. (a) You; 24."Property damage" means: (b) Others trading under your name; or. a. Physical injury to tangible property, including (c) A person or organization whose busi- all resulting loss of use of that property. All ness or assets you have acquired; and such loss of use shall be deemed to occur at (2) Containers (other than vehicles), materials, the time of the physical injury that caused it; or parts or equipment furnished in connection b. Loss of use of tangible property that is not with such goods or products. physically injured. All such loss of use shall be b. Includes: deemed to occur at the time of the "occur- rence" that caused it. (1) Warranties or representations made at any For the purposes of this insurance, electronic data time with respect to the fitness, quality, du - rability, performance or use of "your prod - is not tangible property. ucV; and As used in this definition, electronic data means (2) The providing of or failure to provide warn - information, facts or programs stored as or on, created or used on, or transmitted to or from com- ings or instructions. puter software, including systems and applications c. Does not include vending machines or other g software, hard or floppy disks, CD-ROMS, tapes, ro r property y rented to or located for the use of oth- drives, cells, data processing devices or any other ers but not sold. media which are used with electronically con- 30."Your work": trolled equipment. a. Means: 25. "Silica" means silica in any form (including sili- (1) Work or operations performed by you or on cates or other similar silicon compounds), includ- your behalf; and ing its presence or use in any alloy, by-product, compound or other material or waste. Waste in- (2) Materials, parts or equipment furnished in cludes materials to be recycled, reconditioned or connection with such work or operations. reclaimed. b. Includes: 26."Suit" means a civil proceeding in which damages (1) Warranties or representations made at any for "bodily injury", "property damage" or "personal time with respect to the fitness, quality, du - and advertising injury' to which this insurance ap- rability, performance or use of "your work", plies are alleged. "Suit" includes: and a. An arbitration proceeding in which such dam- (2) The providing of or failure to provide warn - ages are claimed and to which the insured ings or instructions, must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our con- sent. 27."Temporary worker' means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short-term workload conditions. rt�onmm c Page 16 of 16 Includes copyrighted material of ISO Properties, Form 10• Inc., with its permission 7ou acaa Ruk Mana9vmn,I Clmrzl Aitle POLICY NUMBER: 54303293 COMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement modifies the Business Auto Coverage Form. 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.b. — CANCELLATION - of the COMMON POLICY CONDITIONS form IL 00 17 is deleted and replaced with the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations As Insureds The Named Insured shown in the Declarations is amended to include: 1. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. 2. Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is an "insured" under any other automobile policy; (b) That has exhausted its Limit of Insurance under any other policy; or (c) 180 days or more after its acquisition or formation by you, unless you have given us written notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1. — WHO IS AN INSURED —of SECTION 11— LIABILITY COVERAGE is amended to add the following: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. —WHO IS AN INSURED —of SECTION 11— LIABILITY COVERAGE is amended to add the following: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and (2) The "auto" is leased without a driver. Such leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You; 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating an "auto" with the permission of any of 1. and/or 2. above. D. Parsons And Organizations As Insureds Under A Written Insured Contract Paragraph A.1 — WHO IS AN INSURED — of SECTION II — LIABILITY COVERAGE is amended to add the following: f. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed under an express provision in a written "insured contract", written agreement or a written permit issued to you by a governmental or public authority to add such person or organization to this policy as an "insured". However, such person or organization is an "insured" only: Form: 16-02-0292 (Rev. 11-16) Page 1 Re LA O' "Includes copyrighted material of Insurance Services Office, Inc. with its perm '� Hsu Dwwo J� �rs�:xm„dg.,,,..rc anwane 3. 4. 6. (1) with respect to the operation, maintenance or use of a covered "auto"; and (2) for "bodily injury" or "property damage" caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) The permit has been issued to you. FELLOW EMPLOYEE COVERAGE EXCLUSION B.5. - FELLOW EMPLOYEE —of SECTION II — LIABILITY COVERAGE does not apply. PHYSICAL DAMAGE — ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. —TRANSPORTATION EXPENSES — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day for temporary transportation expense, subject to a maximum limit of $1,000. AUTO LOAWLEASE GAP COVERAGE Paragraph A. 4. — COVERAGE EXTENSIONS - of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: c. Unpald Loan or Lease Amounts In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease for a covered "auto" minus: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue loan/lease payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. We will pay for any unpaid amount due on the loan or lease if caused by: 1. Other than Collision Coverage only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto 2. Specified Causes of Loss Coverage only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or 3. Collision Coverage only if the Declarations indicate that Collision Coverage is provided for any covered"auto. 6. RENTAL AGENCY EXPENSE Paragraph A. 4. — COVERAGE EXTENSIONS —of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: d. Rental Expense We will pay the following expenses that you or any of your "employees" are legally obligated to pay because of a written contract or agreement entered into for use of a rental vehicle in the conduct of your business: MAXIMUM WE WILL PAY FOR ANY ONE CONTRACT OR AGREEMENT: 1. $2,500 for loss of income incurred by the rental agency during the period of time that vehicle is out of use because of actual damage to,. or "loss" of, that vehicle, including income lost due to absence of that vehicle for use as a replacement; 2. $2,500 for decrease in trade-in value of the rental vehicle because of actual damage to that vehicle arising out of a covered "loss"; and 3. $2,500 for administrative expenses incurred by the rental agency, as stated in the contract or agreement. 4. $7,500 maximum total amount for paragraphs 1., 2. and 3. combined. 7. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A.4, — COVERAGE EXTENSIONS — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: e. Recovery Expense We will pay for the expense of returning a stolen covered "auto" to you. S. AIRBAG COVERAGE Paragraph B.3.a. - EXCLUSIONS — of SECTION III —PHYSICAL DAMAGE COVERAGE does not apply to the accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide this coverage,, 8. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT - BROADENED COVERAGE Paragraph C.1.b. — LIMIT OF INSURANCE - of SECTION III - PHYSICAL DAMAGE is deleted and replaced with the following: b. $2,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. 10. GLASS REPAIR— WAIVER OF DEDUCTIBLE Form: 16-02-0292 (Rev. 11-16) Page RIAM se.ra� "Includes copyrighted material of Insurance Services Office, Inc. with its pern Fbm, cA� Rr d'i 7eu 7�resea� Fek M3rrngcrtn,t Clmralhtle - Under Paragraph D. - DEDUCTIBLE — of SECTION III — PHYSICAL DAMAGE COVERAGE the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Paragraph D.- DEDUCTIBLE —of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident', the following applies: 1. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Paragraph A.2.a. - DUTIES IN THE EVENT OF AN ACCIDENT, CLAIM, SUIT OR LOSS of SECTION IV - BUSINESS AUTO CONDITIONS is deleted and replaced with the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when the "accident" is known to: (1) You or your authorized representative, if you are an individual; (2) A partner, or any authorized representative, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer, insurance manager, or authorized representative, if you are an organization other than a partnership or limited liability company. Knowledge of an "accident", claim, "suit" or "loss" by other persons does not imply that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons or witnesses. 13. WAIVER OF SUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. We will waive the right of recovery we would otherwise have against another person or organization for "loss" to which this insurance applies, provided the "insured" has waived their rights of recovery against such person or organization under a contractor agreement that is entered into before such "loss". To the extent that the "insured's" rights to recover damages for all or part of any payment made under this insurance has not been waived, those rights are transferred to us. That person.or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. 14. UNINTENTIONAL FAILURE TO DISCLOSE Paragraph 8.2. — CONCEALMENT, MISREPRESENTATION or FRAUD of SECTION IV — BUSINESS AUTO CONDITIONS - is deleted and replaced with the following: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because of such failure. 16. AUTOS RENTED BY EMPLOYEES Paragraph B.5. - OTHER INSURANCE of SECTION IV— BUSINESS AUTO CONDITIONS - is amended to add the following: e. Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 16. HIRED AUTO — COVERAGE TERRITORY Paragraph B.7.b.(5). - POLICY PERIOD, COVERAGE TERRITORY of SECTION IV — BUSINESS AUTO CONDITIONS is deleted and replaced with the following: (5) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and 17. RESULTANT MENTAL ANGUISH COVERAGE Paragraph C. of - SECTION V — DEFINITIONS is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death as a result of the "bodily injury" sustained by that person. Form: 16-02-0292 (Rev. 11-16) Page"'""�nvt0 "Includes copyrighted material of Insurance Services Office, Inc. with its pert Rek Mawge,m"Clairal Aitle , WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7- 08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTCALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 10/31/2021 (DATE) Policy No. 54303295 of the issued to Byrom -Davey, Inc. Endorsement No. at 12:01 A. M. standard time, forms a part of Federal Insurance Company (NAME OF INSURANCE COMPANY) Authorized Representative 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. The additional premium for the blanket waiver offered by this endorsement shall be 0.00 % of total California premium. Person or Organization WHERE REQUIRED BY WRITTEN CONTRACT. WC 99 03 04 (Ed. 7-08) Schedule Job Description WHERE REQUIRED BY WRITTEN CONTRACT. wj�.q�,nuwon IR�nEwm6Ar Or. 8jli1111:.1i/_a %au �iezAox IowaRkNMarugeemttOmalNtle The Orange County Register 1771 S. Lewis Street Anaheim, CA 92805 714-79&2209 5211379 CNSB / CNSB-ACCOMMODATIONS 915E1ST ST ORDER EXPEDITING LOSANGELES, CA 90012-4060 FILE NO. CNS- . AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 03/1412022, 03/21/2022 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: March 21, 2022. Signature PROOF OF PUBLICATION Legal No. 0011623369 the provislons of Labor Cade, ?s apply. REGISTER IIIII IIII IIIII IIIII IIIII IIIII IIIII III IIIII IIIII IIIII IIIII IIIII I�I IIII � A 0 0 0 0 0 5 9 6 3 1 7 6 11PI-IWIN10 Oryoi08nni Bid Nei for Prol0a19aata Mlle Park Now Sollealle3ooso Flaw and two lmprmmanb(Pra)m1018S62i) Issued on MITI BM Nue an 118, 2022 2:00 PM (PDT) r(Unll Fri.' Qu0nbgl OymmAOvey, Ino. ding Total Ohn, Coral moton, Company mm4 line Amblco cli Bulled Ino. Ilam Hum QWgdlpllon Ulm quantity Iprice gneralon Unit set. Emerged- Unit prks Eponabn Unit pace FMenelon 1 deserter IS 1 $ 345,000.00 $ 346p00.00 $ 980133.00 $ 3811 $ 400,000.00 $ 400,000.00 S 573,290.&5 $ 573,239.65 2 Clueing and Grvbbing OF 131250 $ 1.00 $ 131,260.00 $ 250 $ 328.128.00 $ 340 $ 393,750.00 S 1.35 $ 177,167.60 3 Cemoides US 1 1 391,000A0 S 391p00.00 $ 310,0 0.00 $ 30g000.00 $ 100,00040 It 100,000.00 $ 105,120.29 $ 195,128.23 d Unclsazified E3canban Or 11943 $ 20.00 S 340,347.00 $ 28.00 $ 334.41 $ 20.00 It 238,860.00 $ 101.91 $1,217,111.13 6 Ach iCmaeM lowered TN 114 $ TIOAO $ 23,940.00 $ 230.00 $ 26.220.00 $ 300.00 $ 34.200.00 $ 150.32 S 17,136.43 6 COM Mill(I-)SF 7700 $ 1A0 $ 7,700.00 S 1.00 $ 7.700.00 $ 2.00 $ 16,400.00 $ In $ 10.626.00 ] Must Rel Hot Mp(ARHM TN lox $ MAO $ 29,378.00 $ 32500 $ 33.160.00 $ 450.00 If 46,900.00 $ 239AB S 24,427.98 8 Berg Course AAAmg01e TN 905J $ "AD $ 570,691.00 $ 6000 $ 843.420.00 $ KDO $ 697,,762.00 $ 121.02 S1,08QOJ8.14 A Ansell Abdified Permeable Sbne Base(4' TN 2.5 $ 115AD $ 239,]]6.00 S 0,00 $ 135.525.00 $ NO $ 136,626.00 $ 121M S 262,320A0 10 Endeconed Fill or 580 $ 46AO $ 26,680.00 $ WOO S 48.140.00 $ 200.00 $ 116,000.00 $ 22293 S 12&289.40 11 PCC Drevenvere Upenigh 0' SF 380 $ 18.00 $ 6,840.00 $ 30.00 $ 11,400.00 $ 60.00 $ 22,80000 $ IOM S 4,115.40 12 1 PCC Guyer 6' SF 880 $ 24.00 1 $ 21,120.00 $ 3200 $ 28,160.00 $ 0.00 $ 41 $ ISM S 8,530.40 13 PCC Wheekheir Curb Ramp SF ]05 $ no $ 61660.00 $ moo $ 61180.00 $ 00.00 $ 11000.00 $ BAS $ Vol 14 PCOVIShorsoci SF ]ga3x $ 18.00 $ 35B,776.00 $ 1400 $ 279,040.00 $ 20.00 $ 398,840.Oo $ III $ 238,580.04 15 PCOVIckw 4' SF ..TO $ 16.00 $ 1091920.00 $ 1100 $ 76,570.00 $ III $ 82440.00 $ 9.04 $ 62,104.6 16 PCC Remp and Landing (10i SF goo $ "Add $ 19,800.00 $ 22,00 IS 19,800.00 $ Moo E 31,500.00 5 1Wl E 16,823.00 17 PCCCwb f l IF 148 $ 3800 $ 36,024.00 $ 6000 $ 681800.00 $ 66.00 E 61,620.0 5 M.dO § 24,i55pq 18 FCC Mow Sal, (41 IF doe $ S40 $ 13,600.00 $ 6200 $ 24,800.00 S No 00 S 20,000:00 5 18.41 E 7A0.00 19 Reinforced FCC BabWall Court SF OSeo $ 120 $ 7096000 $ 1400 $ 02,12D.00 S 21.00 $ 130,180.00 5 11.16 $ ]$30].00 20 PCC RBbining Cub(al IF 232 $ 4200 $ 9,744.00 $ 90,0 $ 20,880.00 $ 110.00 $ 25.011.0 S 44.59 $ 10.30.88 21 FCC Argues Russ U(s) SF xfi] $ So did $ I,e, o0 $ 27,0 $ 7,208.00 1§ W.00 $ 18,020.00 $ 19.11 $ 6,102.91 22 Vx 6' Conaero Header LF See $ SBW $ 16,720.00 $ 50W $ 22.000.00 1§ 50.00 $ 22.000.00 $ 18.47 $ 8,126.80 23 Cori Bench FMng Sf Sags $ 2&0 $ 04.808.00 $ $20 $ 108.352.00 $ M" $ 18&230.00 $ 12.10 § 0,970.80 24 Concrete BeOcbes LF 519 $ now $ 161,060.00 $ 9000 $ 285.000.00 S Moo $ 370.00.00 $ 373.44 $ 212.660.80 25 Concourse, LF SB $ 910011 1 $ 24.804,00 $ NOW $ 39.000.00 $ Moo E tk00.00 $ 679.03 $ 62,98E46 26 Msmnry I Bid N Andsh In KFtl MI Non, LF SO) $ 3950 $ 79,600.00 $ 83000 $ 0.000.00 $ MA $ 351000.00 $ 531.08 $ 53,180.00 22 RBbIobd Momnry Wel(Ineral Feedro LF 726 S 314.00 $ 518,364.00 $ 815W $ 490.050.00 $ 3WO $ 264.100.00 $ 603.61 $ 30,620A8 29 Tubular Steel Geared Roil LF 1909 $ 213010 $ 215.50.00 $ TOM $ 201,965.00 $ 1W.W 1 $ 195,00.00 $ 80,79 S 69,633.37 29 TubularSteel Accessif EA 4 $ 3,071.00 $ 12,284.00 $ 11800 $ 6.000.00 $ 40W.W 1 $ 18,000.00 S 78432 S 3,041 30 Tabular Steel 0.Wble Woo Acreu Go EA 1 $ MUM $ 0,118.00 $ 4000 $ 4.000.00 $ 610000 $ 6.091.00 $ 1,628,04 S 1.520.64 31 Sri Iron real LF 20 $ ISMIA0 $ 20.180.00 $ 3000 $ 14.000.00 $ 1,000.0 $ 20,000.00 1 $ Sell $ 5,732.40 32 Wmu061Iron GO EA 3 $ 123UM $ 37.089.00 $ 9,000 $ 27.000.00 $ 0,0000 $ 24,000.00 $ 1,019..09 S 3.06).2] 33 Collapsible Dolad EA 4 $ 1,380.00 $ 5,620.00 S 4,W0W $ 16.01 $ 3,c000 $ 12.000.00 S ;61&B9 $ 10,063.66 34 fed.o Ss, EA 52 $ III $ 8.998.00 $ 1500 $ 7,61 $ 2000 $ 10,400.00 $ 150.32 $ 1.016.64 35 12'Wop our Send TN US $ Moo $ 1.0.2.0.00 $ loco $ 65,400.00 S 10000 $ 0.600.00 $ SQ.W $ 149,967.84 36 1Equt,.t Gee9e IS 1 $ 1]4M0.00 $ 174.600.00 $ 150,00W $ 150.000.00 $ ]5,0000 $ 75,000.00 $ 0,01&13 $ 66,646.13 37 12'RCP Sbrm Don (25W'D) IF R $ 676.00 $ 41Ao0.00 $ 125A0 $ 0.000.00 $ M0.00 $ 21.600.00 $ 611.0 $ 44.026.12 30 WWOd Junc4on ChWdw Tyw D'pw City SWdo Pu, 308A end3WB EA I $ 400.00 $ 21,000.00 S 20,WOo $ 20,000.00 $ 0,00.00 $ 60.000.00 $ 0M8.M $ 1.311.33 39 WQMPImgoVemenb 15 1 S d&OW.00 § 46.000.00 $ 110,WOW $ 110,000Ao § W,WSOD $ 60.000.00 $ "..n $ 9.299.22 40 French Ron Sysbm IS 1 § 9;OW.00 E 82.000.DO E 60,W000 $ 50,000.po § 1rM,W0.00 $ 200,000.00 $ "05,31 $ 41.111.31 41 6}nNOM iud RelneAeS bm IS I S Mists.00 $ 241,500.00 S 490W000 $ 400.00.00 $ 1o,W0.00 $ 160,000.00 $ 10AU 24 $ 169.23324 42 We&wey 11AM1W1g IS 1 $ 20],9]3.00 $ 207,973.00 $ 200W0c0 $ 260,000.00 $ 3W,W0.00 $ 350,000.00 $ 31i,804W $ 317.804.0. 43 Pushing L01 fishing IS l $ 1W,2W.00 $ 101.2WA0 $ 130,W000 $ 130,000.00 $ 2W,W0.00 $ 200,000.00 $ 140W&BS $ 149.80663 44 BmkeOell Court LI9M1bng 13 l $ Bi,M8.00 E 6].6W.D0 BO,WOW $ 80.000.00 S 20W0.00 $ 75,000.00 $ NA17661 $ 0.317.66 45 Sacer FleldL MFg IS 1 $ 304641.00 $ 304.641.00 $ 00,0000 $ 400,000.00 IS 450,00.00 $ 469.000.00 $ 41SM092 $ 413,04592 0 USA Pre IBFine Good, SF x8000 $ 0.02 $ 26.760.00 $ 1.00 $ 28A00.00 $ 1.00 $ 2&000.W S 0.19 $ 5,320A0 47 Tabouls tarOlnose PCTme Boa) EA T $ 610.00 $ 4.270.00 § 70000 $ 4,900.0 $ 00.00 $ 4,200.0 $ 2MA2 $ 2.000.34 0 Can, Islmld Pine 4'True Tres) FA 3fi $ 610.00 $ 21.960.00 $ 700.00 $ 26,200.OU $ $0.00 $ 12,600.00 $ 2MA2 $ 10.31832 0 Blab. Pox(2C Tree Bra) EA ID $ 610.00 $ 0.10YA0 $ 70000 $ 7,000.00 $ So.00 $ 3.500.00 $ MASS $ 2120 60 De18 roods, (In Tree Wall) EA ]0 $ I,iM.00 S H,]00.00 $ T,WOAO $ TB.YOO.o $ 5,00.00 S 60,001 $ 5,096A8 $ 6C,054.80 51 1GW.Serum (Lanbnn MOnlevitlens®'RetlleWn") Sir sign E 1.00 $ 3,153.con 5 200 $ 6,306.0 $ 5.00 $ 15,765.00 $ 1.16 $ Sunni 52 1 Gal, Gross(Bekky Fargo) SF 1.008 $ 3.00 $ $4.024.09 $ So $ 0,028.00 $ 4.00 $ 72,032OD $ 2A] $ 61.02.96 53 5 Gel. Stabs (SacchaM Peal ) SF 1906 $ 4.00 $ T,624.00 $ 40 $ M71.0 $ 11.00 $ 20,96000 S 1.15 $ 21191.90 54 INSIST CT 20 $ 0.00 $ 25,40.00 $ 110.00 $ 28.600.00 $ 35.00 $ BASS" $ 38" $ 9,937.20 55 oCoandr Day 181 MebMaallm Period To 1 $ 103M.00 $ 10,335.00 $ 400A0 $ y000.W $ 10AW.00 $ 10,000,00 $ 3,821A0 $ 3,821.60 56 forgotten Derlphorgi41 IS 1 $ 115,000.00 $ 115,000.00 $ 120,0 0.00 $ 120.1TOM $ 145,000.00 $ 11 00 S 00,170A1 S W,1]0.61 57 81gnln98dollar,(Pkln LOUIS 1 $ 17,260.00 $ 17,260.00 $ 1&W0o $ 15,000.0 $ 11,111.00 $ 11,111,00 $ SRI $ 6,600.54 56 Shi ouches 19 1 $ 575,000.00 $ 6)6,000.90 § 00c00,00 $ 530,000.0 $ iW,000.00 $ 100.000.00 $ 00910.00 $ 00,310A0 59 Sal Of B69ketlwll PaINRIMBmkbortl FA x S 19,000.00 $ 22,600.00 $ 10,W0.00 $ 20,000.00 $ 30,000.00 $ 60.00.0 $ 9,1 $ 19,io898 60 Plexlmua Saki S}sbm IS 1 $ 19,550.00 $ 19,560.00 $ 0,00.00 $ 20,000.0 $ 10,000.00 $ 10.000.00 $ 09,110.81 S 89.170.01 of SMpkg(Besko16e1 Coud) IS 1 $ 2,300.00 S 2.300.00 $ 2,0o6.Do $ 2,000.00 $ 5100.00 S 5,000.00 $ IA2021 $ 1,839ST 62 Perri Well Fares, 1S 1 $ 20,100.00 $ 20.700.00 $ 120,000.00 $ 120,000.00 $ 126,OW.W $ 125.000.00 $ 120.W4.54 $ 124,W4.64 63 GeOlecM1abel Raped LS 1 $ 34500.00 $ 34.500.00 $ 0,00000 $ 60.000.00 $ 26,Oo09 $ 25,000.00 S 10021.B6 $ 10182T.08 64 P1roodfoAeNsem0nt8gn EA 2 S 1,300.00 $ 2,700.00 $ 1,00.00 $ 3,001 $ S,OW.W $ 10,000.00 $ 9j51.W $ 19,107.98 65 ACBu01FMne IS I $ 6,090.00 § 6,000.00 $ 61000.00 $ 6.000.00 $ 5100.00 $ 51000.00 $ 6.W0.00 $ &000.00 66 Consbaskin Pont IS 1 $ 16.090A9 § 16,000.00 $ 16,00.00 $ 15,000.00 $ 15,0W.00 $ 15.000.00 $ 15.00.00 S 16.000.00 61 SWPPP Hlsk Le elf 19 1 S A0.590A0 E 80600.00 $ 05,OW.00 $ 65,000.00 $ OAOW E 40,000.00 S 29.113.0 S 23,2J3.53 o Im sdelft eWS nNeM Tua (Feneco Wea] IS 1 $ 130.000.00 E 130,000.00 $ 1M,0W.00 $ 130,000.00 $ ]000oW S 700000.0 $ 305.721.81 S 30&121.01 W 6xror Goals FA 1 $ 19.000.00 S 13,000.00 $ 20,0W.00 $ 20,000.00 $ 30,OW.W E 30,000.00 5 19.tO1.W § 1010T.98 79 Coast Reweeb'oa Tortoni Equ WWt LS 1 S 29B.B00.00 S 209,980.0 $ 48,00.00 $ 480,00.00 $ 00,OW.W $ 400.000.00 5 418.110.10 $ 418,176.10 Tt Peel RemVebn LS 1 f 2}6.o0A0 $ 216,fi00.00 $ 10.00.00 $ 190.000.00 $ 309,O0.W $ 300,000.00 S 314.644,8] Is 314,60.B7 12 Hil Bermutla SF 2986 S 2.00 S 5,BJ200 $ 100 $ 81958.0 S SO § 1,1,030,00 S 1.21 $ 3,792.22 73 '= The 940nuryfor US Ad Mm b shown for sled impeedin only. This bid Son SA o 74 }=This bkl Item is wnsMered a Spedeltylkmlux Satlon 232 of US Soon EA 0 SubWtal $7,,317,701.0 $1.W $CoU $LW $O.W Subtotal $O.GO Total $7,317,7031 $T,Tl0,OD0.W $0m $0W $OAO $OW sow $7,MD.o00.W $1,968,301.00 $2W.W $U. $2W.W $00 $9,W $7,988,301.00 $&d3J,88fi.89 $0.0 $goer $00 %. $O.W $9,427,896.09 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-7527 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGUEROtA STREET BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Byrom -Davey, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump surn(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Mobilization I LS $ $345,000.0 345,000.00 2 Clearing and Grubbing 131,250 SF 1.00 131, 250.00 3 Demolition I LS $ 391,20000 391,000 4 Unclassified Excavation 11,943 CY $ 29.00 346,347.00 5 Asphalt Concrete Pavement 114 TN $ 210.00 $ 23,940.00 6 Cold Mill (1 ") 7,700 SF $ $7,700.00 1.00 7 Asphalt Rubber Hot Mix 102 TN $ $ (ARI-IM) 288.00 29,376.00 8 Base Course Aggregate _ 9,057 TN $ $570,591,00 63.00 9 Angu tar Modified Permeable 2,085 IN $ 115.00 $ _ Stone Base (4") 239,775.00 10 Engineered Pill 580 CY $ $ 46.00 26,280.00 11 PCC Driveway Approach 380 SF $ 18.00 $6,840.00 (8) 12 PCC Gutter (6") 880 SF $ 24.00 $ 21,120.00 13 PCC Wheelchair Curb Ramp 185 SE $ 36.00 $ 6,660.00 P • 1 of 13-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-7527 SANTA ANITA PART{ NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGUEROA STREET Item Description Qty Unit Unit Mee Amount 14 PCC Walkway (6") 19,932 SF $ 18.00 $ 358,776.00 15 PCC Walkway (4") 6,870 SF $ 16.00 $ 109920.00 16 PCC Ramp and Landing (l0„) 900 SF $ 22.00 $19,800.00 17 PCC Curb (Type B-1) 948 LF $ 38.00 $ 36,024.00 18 PCC Mow Strip (4") 400 LF $ 34.00 $ 13,600.00 19 Reinforced PCC Basketball Court 6,580 SF $ 12.00 $ 78,960.00 20 PCC Retaining Curb (6") 232 LF $ 42.00 $ 9,744.00 21 PCC Access Ramp (10") 267 SF $ 25 00 $ 6,675.00 22 8"x 8" Concrete Reader 440 LF $ 38.00 $ 16,720.00 23 Concrete Bench Paving 3,386 SF $ 28.00 $ 94,808.00 24 Concrete Benches 570 LF $ 265.00 $ 151,050.00 25 Concrete Steps 78 LF $ 318.00 $ 24,804.00 26 Masonry Block Wall to Match in Kind with Existing 100 LF $ 7g5,00 $ 79,500.00 27 Retaining Masonry Wall (Including Footing) 726 LF $ 714.00 $ 518,364.00 28 Tubular Steel Guard Rail 1,303 LF $ 213.00 $277,539.00 29 Tubular Steel Access Gate 4 EA $ 3,071.00 $ 12.284.00 30 Tubular Steel Double Swing Access Gate 1 EA $ 6,118,00 $ 6,118.00 31 Wrought Iron Fence 20 LF $ 1,009.00 $20,180.00 32 Wrought Iron Gate 3 EA $ 12,363.00 $ 37,089.00 33 1 Collapsible Bollard 4 EA $ 1,380.00 $ 5,520.00 P-2 of P-20 CITY OF SANTA ANtA Addendum No. Three PROPOSAL PROJECT NO,: 19-7527 SANTA ANNTA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGUEROA STREET Ttom Description Qty Unit UnitPrlee Amount 34 Wheel Stops 52 EA 1 33.00 $8,996.00 35 12" Deep Silica Sand 436 TN $ 230.00 $ 100,280.00 36 Field Equipment Garage I LS $ 174,800.00 $174,800.00 --- 37 --- ---------.. _- 12" FZCP Storm Drain (2500- 72 L F $ 575.00 $41,400.00 D) 38 Modified Junction Chamber 1 LA $ $ Type'D' per City Standard 23,000.00 23,000.00 Plan 308A and 3088 39 WQMP Improvements _ 1 LS $ 46,000.00 $ 46,000.00 40 French Drah1 System ­1 LS $ 92,000.00 $ 92,000.00 41 Synthetic Turf Drainage I LS $ 241,500.00 $241,500.00 System 42 Walkway Lighting I LS $ $ 207973.0 207973.0 ,43 Parking Lot Lighting I LS $ 107250 $ 107250 44 Basketball Court Lighting 1 LS $ 67589 $ 67589 45 Soccer Field Lighting I LS $ 304641 $ 304641 46 Soil Preparation & Fine 28,000 SF $ 0.92 $ 25,760.00 Grading 47 'Cabebuia Impetiginosa (24" 7 EA $ 610.00 $ 4,270.00 Tree BOX) 48 Canary Island Pine (24" Tree 36 EA $ 610.00 $ 21,960.00 Box) 49 _ Brisbane F3ox (2,4" `free 10 _-___ EA $ $ Box) 610.00 6,100.00 .50 Date Palm (Tree Well) _ — 10 EA $ 7,130.00 _ $ 71,300.00 5LIGal, . Shrubs (Lantana 3,153 SF $ 1.00 3,153.OD e_vidensis "Radiation") 5 Grass (Berkley Sedge) ] 8,008 5I' $ 3.00 $ 54,024.00 11-3 ofP-20 Addendum No. Three CITY OF SANTA AAA. PROPOSAL PROJECT NO.: 19-7527 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK [MPR.OVEMENPS 300 S. FIGUEROA STREET Item Description (2ty Unit Unit Price Amount 53 5 Cal. Shrubs (Baccharis Pilularis) 1,906 SF $ 4.00 ___._- $ 7,624.00 — - - 54 _ Mulch 260 CY $ 98.00 $ 25,480.00 55 60-Calendar Day L&I Maintenance Period l LS $ 10,335.00 $ 10,350.00 56 Irrigation Design/Build I Ls$ 115,000.00 $ 115,000.00 57 Signing & Striping (Parking Lot)--- I LS $ 17,250.00 — $ 17,250.00 _ 58 Shade Structures I LS $ 575,000.00 $ 575,000.00 59 Set of Basketball Pole/Rim/Backboard 2 EA $ 13.800.00 $ 27,600.00 -___ 60 Plexicourt Surface System 1 LS $ 19,550.00 $19,550.00 Striping (BasLetball Court) 1 LS $ 2,300.00 2,300.00 F�6i- Perimeter Wall Painting 1 LS $ 20,700.00 $20,700.00 Geotechnical Repent I IS $ 34,500,00 $ 34,500.00 64 Project Advertisement Sign 2 EA $ 1,380.00 $ 2,760.00 65 As-Builtflans I LS $5,000 $ 5,000.00 66 Construction Permit I LS 15,000.00 67 SWPPP (Risk Level 1) 80,500.00 $ 80,500.00 68 I[nperial R.ye 90 Synthetic Turf (Terrace Area) 1 LS $ 138,000.00 $ 138,000.00 69 Soccer Goals 1 LS $ 13,800.00 $ 13,800.00 70 71 Coast Recreation Playground Equipment Pool Renovation I I LS LS $ 299980 $ 275600 1 299980 $ 275600 72 I Cybrid Bermuda 2,986 SP $ 2 00 $ 5,972.00 P-4 of P-20 CITY OF SANCTA ANA PROPOSAL PROJECT NO.: 19-752 7 SANTA ANfTA PARK NEW SYNTHETIC SOCCER FIELD & PARK. IMPROVEMENTS 300 S. FIG'UEROA STREET I'®TAL BAST BID $ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. 'Phis bid item shall not be subject to the "25W limit as stated in Section 3-2 of the Standard Specifications. T'he actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. i' This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OI_ IMPROVEMI NCS RAND LiQU1DATIQ DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number 39 working day- a'fta- die commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specific in —Subsection 6-9 of the Standard Specifications, shall be $3,490 per calendar day. j i Name ofFirm �_-- Byrom -Davey, Inc. Signature of BIDDER — Title President & Secretary (If an individual, so state. If a firma or co -partnership, state the firm name and give the names or all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Steve Davey President/Secretary Paul Pankow Sr. Vice President Christine Butler Treasurer Eric Jennings Vice President 11-5 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 19-7527 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGUEROA STREET BIDDER'S STATEENT M BIDDER understands and agrees that this Bid Proposal, Contract. Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the torn, of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said finds, check, drafts, or BIDDER'S bond substituted iu lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028,15 of the California Business Professions Code, the undersigned certifies under penalty of perjury that the foregoil r , e an orrect. Name of Firm ByroYrl-Davey, Ina. Signature of BIDDER Title President & Secretary______ (if an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm, If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Steve Davey President/Secretary PaulPankow Sr, Vice President Christine Butler Treasurer Eric Jennings Vice President P-6 of P-20 CITY OF SA1NTA A1NA PROPOSAL PROJECT NO.: 19-7527 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. PIGUEROA STREET GQNTRACTOR'S LICENSING AND RE(IISTRATION STATEMENT -rhe undersigned contractor, or corporate officer, declares under penalty of penjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: B irom Davey, Inc. Business Address: 13220 EveninaCreek Drive South, Suite 103 staved u@byrorl-davey.conn Business E-Mail Address: _ oil rIStlnet) rj2T_:davey Con1 _ Telephone: 858-613-7199 State Contractor's License No. and Class: 803447 A; B; CB; C12; C61/D12 License Expiration Date: 01 /31 /2024 State Dept. of Industrial Relations (DIR) Registration No.: 100 000 0392 State Dept. of industrial Relations (DIR) Registration Expiration Date: �06/30/ 22 _ Signed: Title: President & Secre taa --- P-7 of P-20 CITY OF SA NTA ANA PROPOSAL PROJECT NO.: 19-7527 SANPA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. F16IJ17ROA STREET PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, 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, Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. 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. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of 13TDDER Title President & S, (if an individual, so state) Inc. P-8 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 19-752 SANTA ANNTA PARK NEW SYNTHETIC SOCCER EIELi.) & PARK IMPROVEMENTS 300 S. i-IGUEROA STREET OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OV ORANGE ) SS: CITY OF SANTA ANA ) J' t@V� �ic'aV2y , being duty sworn, deposes and says: ❑ INDIVIDUAL ❑ PARTNliRSNI P CORPORATION ❑.(OIN'r VENTURE that such a bid is collusion to secure proposed contract, Signature of Bidder That he/she is the party making the foregoing, proposal: That he/she is a member orthe co-pmtnershlp Pam designated as and who lms been mud is duly vested with the authority to make and execute iustruments for [he co•parutership by: tvho oonslilute the other meat bens of Ilse co-partnmahip. That he a oorporatimt which is ranking the foregoing proposal: That Ire is of., one ofthe parties leaking the foregoing proposal as a.joint venture, and the he/she has been and is duty vested with the authority to execute instruments for an on behalf of the parties making said bld who are: not collusive or sham, and has not in any manner sought by ;e a ainst the City of Santa Ana or any person interested in the a other person. Su scribed and s n to before n this _ day of April 20 22 Signature f officer Administering Oath (Notary Public) I(IiLL YE M PARIIflM n'° CGMM. tk22918C0 a_' °7 1, pp Notary Public -California z 3� San Diego County M Comm, Ex Tres Juna 7 2023 P-9 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-7527 SANTA ANITA PARK. NEW SYNTFIETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGUEROA STREET RID BOND KNOW ALL PRESENT that, Byrom-Davev Ina as BIDDER, and Nationwide Mutual Insurance Ge ompanL _ as SURETY, are held and fiirrnly bound unto the CITY Oki SANTA ANA, as AGENCY, in the penal sum of.__y Tan Percent of the Total Amount Bid --_ Dollars ($. j unt Bid of Amoes, which is ten percent (10%) f tt ohe total aount bid by BIDes DER to AGENCY for the Above -stated project, for the payment of which sutra, BIDDER and SURFTY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered Into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 5th day of April , 2022 �~ BIDDER* SURETY* Subscribed and sworn to before me --this day of __ , 20_. Signature: Notary Public in and for the County of , State of Provide BIDDER/ SURETY name, address, and telephone number and Cie name, title, address, and telephone number of authorized representattve. P-10 of P-20 ACKNOWLEDGMENT 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 San Diego County of) On'�before me, Minna Huovila, Notary Public (insert name and title of the officer) .personally appeared Tara Bacon who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MIHNA Huw+ =Fi nnrneyPueuc-cnurnnrvin t��( �' SFIJ 61EGp CpUNT! ?a "° My Commission FJyNlen a ,oEoeMSERs,aoaa Signature (Seat) Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation hereinafter retorted to severally as the "Company' and collectively as "the Componies" does hereby make, constitute and appoint: CHRISTOPHER CONTE, JANICE MARTIN, LAWRENCE F MCMAHON, MARIA GUISE, RYAN WARNOCK, SARAH MYERS, DALE G HARSHAW, GEOFF'REY SHELTON, JOHN R QUALIN, MINNA HITO'VILA, TARA BACON each In their individual capacity, its true and lawful attorneydn-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory Instruments of similar nature, In penalties not exceeding the sum of UNLIMITED and to bind the Company thereby, as fully and to the same extent as If such Instruments were signed by the duly authorized officers of the Company; and all acts of sold Attorney pursuant to the authority given are hereby ratified and confirmed. 'this power of altomay Is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint aftomeye-intact of the Company, and to authorize them to execute and deliver an behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognlzances, translate, contracts of Indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby Shall In no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such altomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attoney Issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company, Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or offset all approved documents, Instruments, contracts, or other papers In connection with the operation of the business of the company In addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of thorn may be panted, engraved, or stamped on any approved document, contract, Instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this Instrument to be sealed and duly attested by the signature of Its officer the 20th day of August, 2021. Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company ACKNOWLEDGMENT ��'M� ••• w''" i STATE OF NEW YORK COUNTY OF NEW YORK: as On this 20th day of August, 2021, before me came the above -named officer for the Company described in the aforesaid, to me personally known to be the officer and who executed preceding instrument, and he acknowledged the execution of the same, and being by me duly ♦ Iw,rnv<. ++ ,iNirVs`.�r" swore, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed herato Is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrument by the authority and direction of sold Company. Notary pablk, State at New York Na QuaffedIntlawy-6,0ounty C ltrim Ewers L)a0bgr J9,2024 My omlWE pd"010120M CERTIFICATE 1, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein Is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that sold Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said Instrument by the authority of said board of directors; and the foregoing power of attorney Is soil In full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this 5th day of April 2022 s � 13. G-v y- Assistant Secretary BDJ 1(08-21 )00 SURETY BOND SEAL ADDENDUM Nationwide Mutual Insurance Company Due to logistical issues associated with the use of traditional seals during the COVID-19 pandemic, Nationwide Mutual Insurance Company has authorized its Attorneys -in -Fact to affix Nationwide`s corporate seal to any bond executed on behalf of Nationwide Mutual Insurance Company by any such Attorney -in -Fact by attaching this Addendum to said bond. To the extent this Addendum is attached to a bond that is executed on behalf of Nationwide Mutual by its Attorney -in -Fact, Nationwide hereby agrees that the seal below shall be deemed affixed to said bond to the same extent as if Its raised corporate seal was physically affixed to the face of the bond. Dated this 6th day of,Apri 2.2022. Nationwide Mutual Insurance Company Bacon, Attorney -in -Fact ACKNOWLEDGMENT 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, San Diego ) On April 5 2022 before me, Kelley M. Parham, Notary Public (insert name and title of the officer) personally appeared Sieve Davey , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KELLEY M. PARHAM COMM. #2291800 z@MY Notary Public • CaliforniaoSan Diego County Comm. Expires June 7, 2023 Signature (Seal) CITY OF SANTA ANA PROPOSAL PROJECTNO.: 19-7527 SANTA ANITA PARK NEW SYNTIIETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S, FtGUEROA STREET LIS:I' FO SUB-CON'IRACTOR.S Section 4100 et. seq. of the Public Contract Code requires listing of all Subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/a% of the bid Section 17255 of the Public Contract Code requires all Subconuactors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name COURT CONCEPTS INC license #/F;xp• 747624 / 03/31�4 DIR Reg. #/E)xp. 1000014837 / 6/30/22 Location P O BOX 710277. SANTEE, CA 92072 Phone _(619) 390-1614 _ Type Of Work Basketball Courts__ Amount $ 97,7893.00 _ V & E TREE SERVICE INC Name dba V & E__LANDSCAPE & MAINTENANCE License #/Exp. 654506 / 09130/2022 _ DIR Reg. #/Exp. 1000001936 / 6/30/22 __ License # 654506 ___ Location P O BOX 3280, ORANGE, CA 92865 Phone (714) 997-0903 _ Type Of Work Clear/Grubs Amount $ 138,687.00 Name Whitson Contracting -& Management, Inc. License #/Exp. 823289 / 02/29/2024 DIR Reg. #/Exp. P W-LR-1000430875 / 6/30/23 License 11 823289 Location 640 ALP16 Phone (858) 673-0966 'type Of Work SWP A� Amount $ 23 62', Signature of Name PLAY FOUNDATIONS INC License #/Exp, 864076/ 09/30/2023 DIR Reg, #/Exp. 1000018 228 / 6/30/2022 Location 1330 N MELROSE DR STE IF VISTA CA 92083 Phone (760) 295-8645 _ Type Of Work Install Play Equipment — Amount$ �86,068.00 Name ON POINT LAND SURVEYING, INC. _ License 4/Exp. L.S. 8133 T DIR Reg. #/Exp. 1000003100_6/ 0[2022_ License # L.S. 8133 Location 1910 ORANGE TREE LANE SUITE 344, REDLANDS CA 92374 Phone (909)792-2221 _ Type Of Work Surveying Amount $ 25 000.00 _ Name d A LYNCH MASONRY INC License #/Exp. 284159 / 11/30/2023 _ DIR Reg. #/Exp. 1000000637 / 6/30/2022 License # 284159 __ Location 7102 THOMAS, BUENA PARK CA 90620 Phone 714 522-5662__ 'type Of Work Masonry Amount$ 304,720.00 P-I I of P-20 CITY OF SANTA ANA PROPOSAL PRO.IEC'I' NO.: 19-7527 SANTA ANNTA PARK NEW SYNTHETIC SOCCLR FIELD & PARK IMPROVEMENTS 300 S. FIGUEROA STREET L,IS'I' OF SUI3-CONTRACTORS. Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/a% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIP). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name ECONO FENCE INC License #16N.P. 337734 / 09/30/2023 DIR Reg, NEX13, 1000001395 / 6/30122 _ Location 5261 PEDLEY RD RIVERSIDE CA 22509 Phone (951)685-5000 Type Of Work Tubular Fencing/Gates Amount $ 260 588.00 Name CONTRACTING CONCRETE CONSTRUCTORS INC License #/ESxp. 969781 /2/29/24 DIR Reg. W xp. 1000008633 / 6/30/2022 License # 969781 Location 13240 EVENING CREEK DR SO, SAN DIEGO, CA 92128 Phone (760) 290-7110 Type Of Work Site Concrete Amount$ 956,116.00 R M F CONTRACTING INC Name dba R &f TFI_ECIf3ICAI CONTRACTING License #/Exp. 813655 / 10/31/2022 DIR Reg. #/Exp. 1000003540 / 6130/22 License # 813655 Location 1523 N HARMONY CIR. ANAHEIM CA 92tI07 Phone (949)770-2 Type Of Work E!q6tre Amount $ $6 ,373.00 Signature Name GRIFFITH COMPANY License #/Exp, 88 / 9/30/22 DIR Reg.#/Exp. 1000005611 / 6/30/22 _ Location 3050 E BIRCH ST BBREA, CA 92821 Phone (714) 984-5500 Type Of Work Landscape/Irrigation Amount $ 273,269.30 Name HARDY & HARPER INC License 4/Exp. 215952 / 12/31/2023 DIR Reg. #/Exp. 1000000076 -._--_ License 1/ 215952 Location 32 RANCHO CIRCLE LAKE FOREST CA 92630 Phone (714) 444-1851 Type Of Work A.C. Paving Amount $ 52 106.00 __ Name CONDOR INC _ License #/Exp. 812288 / 9/30/22 _ DIR Reg. #/Exp, 1000004667 / 6/30/23 _ License # 812288 Location 3000 DURFEE AVENUE ELMONTECA91732 Phone (626)455-0050 _ Type Of Work Pool Work _ Amount $ 247,000.00 P- I I of P-20 CITV OF SANTA ANA PROPOSAL PROJECT NO.: 19-7527 SANTA ANI'TA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGUEROA STREET ., . T OF SUB -COI TRACTORS Section 4100 et, seq, of the Public Contact Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount:: o Streets, highways including bridge projects: %% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %% of the bid Section 172.5.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Bxp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #ITsxp. _ License # _ Location Phone Type Of U Amount $ Name -- - License #/L,xp. _ DIR Reg. #/Exp. Location Phone Type Of Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Arnount $ Nance _ Name License #/Exp. _ License #/Ex.p. DIR Reg, II/Exp. _—_ — _ DIR Reg. #/Exp. License # License # Location Location Phone �_ Phone _ Type Of Work 'Type Of Work _ Amount $ / Amount $ Signature of P-II ofP-20 CITY OF SAN'TA ANA PROPOSAL PROJECT NO.: 19-7527 SANTA A'NITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGtJEROA STREET REFERENCES 'The following are the names, addresses, and telephone numbers for TRIZE71 public agencies for which the BIDDER has performed similar work within the past three years. of Arcadia 240 W Huntin Name and Address of Owner. Dr, Arcadia, CA 91007 Name and Telephone Number of person familiar with project. $63,000.00 Construction of new park _April 2019 Contract Amount Type of Work Date Completed 2. Orange Unified School District 1401 N Handy St, Orange, CA 92867 Name and Address of owner. Scott Harvey 657-291-3260 _ Name and Telephone Number of person familiar with project. $17,900,027.00 _ Construction of new stadium.__ Fe ro ,y 2020 __ Contract Amount 'Type of Work Date Completed 3. Sweetwater Union High School District 1130 Fifth Ave. Chula Vista, CA 91911 Name and Address of owner, Armando Murillo 619-218-1115 _.- Name and Tclephono Number of person familiar $4,110,027.00 Contract AtnoullC Track & Filed Type of Werk September 2020 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Nationwide 8877 North Ga�nter L1r. Scottsdale AL 85258 J_ Contgct' Rock Qualin 619-920-3089 _ _ -- 11-12 of P-20 CITY OF SANTA ANA. PROPOSAL PROJECT NO.: 19.7527 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK. IMPROVEMENTS 300 S. FIGUEROA STREET ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THRE Ei public agencies for which the 13IDDER or SubconLractor has performed similar work in the past five years. 1800 Solar Dr, Oxnard, CA 93030 Name an<t Address of Owner. foul Hanson 805-385-2500 Name and'feleplioneNumber of person familiar with project. $10,555,081.00 Multl-School Stadium Improvements Contract Amount 'Type of Work 2, Lompoc Unified School District 1301 N A St, Lompoc, CA 93436 Name and Address of owner. Douq Sorum 805-717-1202 Name and Te $3,827,31 Contract Amount 3. Moreno Valley Unified Sc Name and Address of owner. Sarver Alzubaidi 951 of person familiar with project. Construction of new track & field Type of Work Blvd March 2021 Date Completed May_2020 _ —Date Completed ame and ' NTelephone Number of person familiar with project. $1,598,939 Track & Filed — August 2019 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Nationwide 8877 North Gainey Center Dr., Scottsdale, AZ 85258 P-13 ofP-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-7527 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD &PARK IMPROVEMENT'S 300 S. FIGUERO.A STREE`r NON COLLUSIONAFFI_I Vfr (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 € nd 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, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false 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 conference 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 the 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 . th�e,�PtZposal.) BIDDERS are cautioned that making a false certification ray tl ect thh ertifier to criminal Prosecution. .1! Signed State of California County Of.,. -- Subscribed and sworn to (or affirmed) before me on this _ day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal P-14 of P-20 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 validjty of that document. State of California County of _ San Diego _T_� On aril 01, 2022 before me, Kelley M. Parham, Notary Public (insert name and title of the officer) personally appeared Otuvu vTLIvuy who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI"fNESS m hand and official seal M KELLEY M. PARHAM 6 Y COMM, 112291800 z z .V�m V NolaryPublic, California p I� San Dlogo County 1 A n A l a / A M Comin, fx fires June 7, 2023 (Seal) CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-7527 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGUEROA STREET NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative 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 transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the 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 Contractor's non-compliance with the nondiscrimination clauses 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 Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-15 of P-20 CITY OF SAlVTA AAA PROPOSAL, PROJECT NO.: 19-7527 SAN'l'A ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK. IMPR.OVENILM'S 300 S. FIGUFROA STREFT The Contractor 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 September 24, 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 Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United Slates. 8. Pursuant to California Labor Code Section amended, no discrimination shall be made because of race, religious creed, color•, na condition, marital status, or sex of such pe contractor of public works violating lis violation of the Chapter. 1735, as added by Chapter 643 Stats. 1939, and as in the employment of persons upon public works i�l-or-igin ancestry, physical handicaps, mental soils, exeep�as provided in Section 1420, and any ectn is sulJject to all the penalties imposed for a Signed:'�� Title: Ire idenfi $ retaw .. - Firm: ByrCtm-®yey, Inc. _T _-_ Date: 04/01 /2022 P-16 ofP-20 CITY OF SANTA ANA PROPOSAL. PROJECT NO.: 19•• 7527 SANTA ANITA PARK NEW SYNTHETIC SOCCER -FIELD & PARK IMPROVEMENTS 300 S. FIGUEROA STREET STATEMENT Rl3GARDINGAPPR.EN'I'ICESIIn RRQiJTREM@ITS The undersigned BIDDER. is familiar with the requirements of Sectron 1777.5 ol'the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shalt: I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2: Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in eaph raft or tr• de in which he/she employs journeymen or apprentices on the public work i� the same amo tnt or upon the same basis and in the same manner as the other contrac cs, except ntra/c ors not signatory to the trust agreement shall pay a litre amount to the C lifornia renC�ship Council. Signed: Title: Pr - s ICE n &aecre'eta[Y Firm: @ ry am -Davey. Inc. _ Date: 04/01 /2Q22 R- 17 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-7527 SANfA ANITA PARK NrW SYN'C'HETTC SOCCER FTELD & PARK IMPROVEMENTS 300 S. FIGUEROA STRUT S'I'ATFMFN`l' REGARDING "ANTI-IICKF3ACK"IUTRL;NIE'sN'1'S The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland_ "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor rcgu atiotis""(29 CPR, Part 3). This act provides that each contractor or subcontractor shall he,. o ibited�om inducing, by any means, any person employed in the construction or repair �£ pubtle,t,v rk, to givrfup any part of the compensation to which he/she is otherwise entitled. Signed: Title: Presidgnt & SSecret. ry _ Firm: % rQrrl�C7avey Inc. Date: 04/01 /2022 -- —. P-18 of 11-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-752 7 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGLLEROA STREET PU13L1C CONTRACT CODE SFC`I'ION 10162 UESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _. _ No A _ If the answer is yes, explain the circumstances in the following space. P-19 of 11-20 CITY OF SA N TA A NA. PROPOSAL PROJECT NO.: 19-7527 SANTA ANITA PARK NEW SYNTHETIC SOCCER FIELD & PARK IMPROVEMENTS 300 S. FIGUEROA STREET STATEMENT REGARDING CONIMUNI'I'Y WOIZI{FORCE AGRILEMEN'I{CWA RFiOUIREM_ENI'S. This is to certify that the undersigned 13IDDF.iR, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft. Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: littp://www.santa-ana,or /�4va/c!cctitnenfs/CWA, f The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also.be required to sign the Letter of Assent that appears as Attachment A tothe CPA: The undersigned BIDDER has reviewed the Po Ji6 Worl ' Construction Permit and required deposit described in Section 2-2a an to Notic flavith Bids. Signed: Title: President Firm: _Byroa!-Davey Inc._ — Date: P-20 of P-2.0 POSTED JULi 01 2021 ORANGEG NTY ERK-RECORDERDBPARTMENT BY: DEPUTY MAYOR Warta Sarmlonto MAYORPROTEM David Ponaloze COUNCIL MEMBERS Phil Becarra Johnathen Ryan Hernandez Jessie Lopez . Wide Mendoza 1111111111111111111111i1i111if Recorder 111111i 111111111�111�11k1111111111 20218500051311:09 am 07/01/21 414 Vltlndx Z01 0.00 50.00 0,00 0.00 0.00 0.00 0.00 0.00 CITY MANAGER Kriatino Ridge CITY ATTORNEY Sonle R. Carvalho CLERK OF THE COUNCIL Daisy Gomez NO FEE ThalVlotPhan PUBLIC WORKS AGENCY 20 Civic Center Plaza (M-30) P.O. BOX 1086 • Santa Ana, California 02702 (714) 647.6000 • Fax (714) 647-5823 vmw,eentaana'arg NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 8103 To: COUNTY CLERK From: City of Santa Ana County of Orange Public Works Agency 1 P.O. Box 238 20 Civic Center Plaza (M-36) O Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Santa Anita Park New Synthetic Soccer Field r Project Number(s): 19-7527 Project Location: Santa Anita Park City: Santa Ana County: Orange ER Number: ER-2021-77 Date of Approval: 09/07/2021 t C 1 Project Description: Parking lot expansion, installation of new lighting, irrigation, landscaping, and now concrete Improvements, Applicant Name: City of Santa Ana, Public Works Agency Applicant Address: 20 Civic Center Plaza M-36 Sante Ana, CA 02702 C Name of Public Agency Approving Project: City Council FILED Name of Agency Carrying Out Project: Public Works Agency Exemptstatus: JU 012021 ❑ Ministerial (Sao. 16268) pitANGc OUNTY IERKRECORDEROEPARTMENT ❑ Declared Emergency (Sec. 15260 (a)) 17 Emergency Project (Sec. 15269 (b through e)) 8Y: DEPUTY ❑ General Rule (Sec, 15061(b)(3)/(6)) ❑ Statutory Exemption: EZ Categorical Exemption; 15301(b) Reasons) Why Project fa Exempt From CEQA: 16301(b) consists of repaire/maintenanoe of existing public facilities. City Contact: Edward Tones Title: Associate Engineer Telephone: (714) 647-5016 Signature: `� i gh SC& Date: CITY COUNCIL SANTA ANA Mnaanla BannIonto Davld Ponaloaa Tnal Viet Phsn Jeaela topaz Phi Baoena Johnolhan Ryan Hernandez Nalida Mandazo Mayor I Mayor PraTem,Ward2 Ward1 Word Waid4 Word Ward vsarmlaMo�santaane.wa • doanalozaOsamo•aaa one ;lphanosent"nam nmendozaMnila•ana ono CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-7527; Santa Anita Park New Synthetic Soccer Field Change Order Number 1 & Park Improvements To Byrom -Davey, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCILOR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle lime. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED UNIT PRICE 1. Delete bid items 58 and 63 and add the following bid items per PCO #1 and #2 dated August 1 and 18, 2022, respectively. ESTIMATED ESTIMATED ITEM# DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 58 Shade Structure 1 LS $575,000.00 ($575,000.00) 63 Geotechnical Report 1 LS $34,500.00 ($34,500.00) 1.1 Shade Structure 1 LS $475,000.00 $475,000.00 ESTIMATED TOTAL = ($134,500) EXTRA WORK AT AGREED COST 2. Cost escalation for lighting fixtures per PCO #3 dated August 29, 2022. AGREED PRICE = $28,691.00 3. Remove and dispose of five (5) carrot wood trees including stump PCO #4.1 dated September 9, 2022. AGREED PRICE = $9,267.00 4. Remove one (1) sycamore tree including stump and tree near west wall and cut back trees overhanging on north side of wall per PCO #4 dated August 17, 2022. AGREED PRICE = $10,116.00 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-7527; Santa Anita Park New Synthetic Soccer Field Change Order Number 1 & Park Improvements To from -Davey, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTALCOSTTHIS CHANGE ORDER: DECREASE $ 86,426.00 INCREASE $ By reason of this order the CONTRACT TIME completion will be adjusted as follows: _seven (7) working days_ We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date 11-7-2022 Contractor Byrom -Davey, Inc. By Title President/CEO Approval recommended b� t,..`� �Cf %j G I Date \ I )-j_t ZO ZZ C7_PUBLIC WORKS AGENCYEXECUTIVE DIRECTOR Approved by Date CITYMANAGER Page 2 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-7527; Santa Anita Park New Synthetic Soccer Field Change Order Number 2 & Park Improvements To Byrom -Davey, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCILOR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS EXTRA WORK AT AGREED COST 1. Provide Asbestos Report for the existing Santa Anita Community Center per PCO #5 dated August 30, 2022. AGREED PRICE = $1,334.00 2. Demolish existing Santa Anita Community Center building, slab and foundation and remove surrounding concrete, walkways, patio and steps per PCO #6 dated October 20, 2022. AGREED PRICE = $171,943.00 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-7527; Santa Anita Park New Synthetic Soccer Field Change Order Number 2 & Park Improvements To Byrom -Davey, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ ....... o...... INCREASE $ 173,277.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: _eight (8) working days_ We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date Contractor Byrom -Davey, Inc. 1; By Title President/CEO Steve Davey Approval recommended b -f Irh Date 12-11 q Z Z UBLIC WORKS AGENCY EXECUTIVE DIRECTOR Approved by _ -- ,� Date % el 2 MAN AGER NAGER - Page 2 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-7527; Santa Anita Park New Synthetic Soccer Field Change Order Number 3 �L & Park Improvements To Byrom -Davey, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract, NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by EXTRA WORK AT AGREED COST PUBLIC WORKS AGENCY 1. Furnish and install six (6) catch basins to tie into new drainage line behind retaining wall per PCO #10 dated September 30, 2022. AGREED PRICE = $14,828.00 2. Furnish and replace new pool pump adjacent to the Santa Anita Community Center building PCO #12 dated October 26, 2022. AGREED PRICE = $5,119.00 3. Upgrade basketball system to Bison model PR87 package per PCO #13 dated November 2, 2022. AGREED PRICE = $16,951.00 4. Modify concrete edge adjacent to concrete steps in order to install handrail 6 inches from back of edge per PCO #14 dated November 2, 2022. AGREED PRICE = $53,510.00 5. Relocate pull boxes for existing pedestrian lighting, add CCTV conduits and hardware to Musco field lights and add additional electrical conduit and hardware for field garage per PCO #16 dated November 2, 2022. AGREED PRICE = $76,220.00 6. Place Portland cement concrete slab to accommodate trash and recycling receptacles per PCO #17 dated November 7, 2022. AGREED PRICE = $16,867.00 Furnish and install walkway pedestrian lights around perimeter to be symmetrical and add additional unit per PCO #18 dated December 5, 2022. AGREED PRICE = $28,450.00 8. Furnish and install Class II base material and 10-mil moisture barrier per geotechnical report for basketball court per PCO #21 dated January 23, 2023. AGREED PRICE = $42,827.00 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-7527; Santa Anita Park New Synthetic Soccer Field Change Order Number 3 & Park Improvements To Byrom -Davey, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ _______________ INCREASE $ 254,772.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows Zero (0) working days_ We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date 2-09-2023 Contractor Byrom -Davey, Inc. By Title PresidenUCEO Approval recommend edb ti,(\��Q 1i�)�f ga Date 2-d23 PUBLIC WORKS AGENCY EXECUTIVE DIRECTOR Approved by lVV/ �`— Date C17Y MANAGER Page 2 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-7527; Santa Anita Park New Synthetic Soccer Field Change Order Number 4 & Park Improvements To —Byrom-Davey, Inc. Contractor You are hereby directed to make the hereln changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTILAPPROVED BYTHE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED COST 1. Modify garage storage building for design, masonry, electrical, and waterproofing (PCO #20). AGREED PRICE = $70,872.00 2. Install additional anti -graffiti coating to shade structure, light poles, retaining walls, and equipment storage building (PCO #22). AGREED PRICE = $30,981.00 3. Remove existing failing asphalt section in the parking lot (PCO #23). AGREED PRICE = $14,490.00 4. Install Cal -Sense Irrigation Controller for landscaping and irrigation maintenance (PCO #25). AGREED PRICE = $31,061.00 5. Install temporary power pole for walkway lighting and storage garage (PCO #28). AGREED PRICE = $53,642.00 TOTAL AGREED PRICE = $201,046.00 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-7527; Santa Anita Park New Synthetic Soccer Field Change Order Number 4 & Park Improvements To - Byrom -Davey, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTILAPPROVED BYTHE CITY COUNCILOR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ ------ — ------- INCREASE $ 201,046.00 By reason of this order the CONTRACT TIME completion Adll be adjusted as follows Oworkingdays We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date Contractor Byrom -Davey, Inc. 8/31/23 By David Reck Title Project Manager Approval recommended b 2kjh Date 17-1 -T/ 7- 3 PUBLIC WORKS AGENCY E)(ECUTIVE DIRECTOR Approved by CITY&MNAGER ;7w�w Date Page 2 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-7527; Santa Anita Park New Synthetic Soccer Field Change Order Number 5 & Park Improvements To Byrom -Davey, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED COST 1. Construct new Community Center Facility at Santa Anita Park as outlined in plans and specifications per PCO #30 dated December 7, 2023 AGREED PRICE = $7,099,543.00 2. Additional Cost to expedite electrical switchgear and panel boards per PCO #31 dated February 12, 2024. AGREED PRICE = $69,276.0 TOTAL AGREED PRICE = $7,168,819.00 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-7527; Santa Anita Park New Synthetic Soccer Field Change Order Number 5 & Park Improvements To Byrom -Davey, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ ....... e..... INCREASE $ 7,168,819.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows 210 working days We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, fumish a alerials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment ther r th prices shown above. Accepted, Date 3- -20 Contractor Byrom -Davey, Inc. By Title President/CEO Approval recommended byi t1, —� , g d a Date v �WORKS AGENCYEXECUTIVE DIRECTOR Approved by JPUBUC �r-J Date z CITYMA ATTEM - Jennifer al Page 2 of 2 ` '' CITY OF SANTA ANA - a i PUBLIC WORKS AGENCY • CONTRACT CHANGE ORDER „v, Project Number Project No. 19-7527 Santa Anita Park Change Order Number 6 To Byrom-Davey, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE 1. To compensate the contractor for the cost increase for masonry labor and materials due to delayed start date per PCO CC-01, dated March 20, 2024. AGREED PRICE = $18,576.00 2. To compensate the contractor for the cost increase in concrete labor and materials due to the delayed start date per PCO CC-02 dated February 12th, 2024. AGREED PRICE = $58,262.00 3. To compensate the contractor for costs incurred due to plan changes from the bid set to the permitted set of drawings, including the installation of the interior wall footing per detail 4/S301, adjustment of the water line size in the Police Sub-Station Building from 1-1/4"to 1-1/2", and the addition of ten W8X10 beams with associated detailing, materials, fabrication, and installation, per PCO CC-03 dated March 20th, 2024. AGREED PRICE = $30,766.00 4. To compensate the contractor for the design and installation of a complete NFPA 13 water-based fire sprinkler system, including all associated materials, equipment, labor, and permits, as well as compliance with OCFA standards and plan check requirements, per PCO CC-04 dated April 15th 2024. AGREED PRICE = $75,472.00 5. To compensate the contractor for the excavation and removal of 4" of existing subgrade around the perimeter of the step, and the installation of a 30" structural slab with a 4" thickness at the exterior face of the masonry wall, per PCO CC-06 dated April 25th, 2024. AGREED PRICE = $36,750.00 Page 1 of 3 t 6. To compensate the contractor for the installation of new furring walls for plumbing piping, including metal stud framing, drywall, and finishing, per PCO CC-07 dated May 9th, 2024. AGREED PRICE = $13,376.00 7. To compensate the contractor for the removal of mechanical screens and the increase in heights of masonry parapet walls per the revised drawing attached to RFI #CC-002, per PCO CC-08 dated May 13th, 2024. AGREED PRICE = $18,708.00 8. To compensate the contractor for the addition of the domestic and irrigation water connections at the street, per PCO CC-11 dated June 21 st, 2024. AGREED PRICE = $119,826.00 9. To compensate the contractor for the addition of 290 LF of drainage and 170 LF of sewer, with no additional water lines, per PCO CC-12 dated July 2nd, 2024. AGREED PRICE = $120,170.00 10. To compensate the contractor for the engineering design, plan submittal, equipment, installation, programming, and testing of the fire alarm system, per PCO CC-13 dated June 4th, 2024. AGREED PRICE = $71,899.00 11. To compensate the contractor for the engineering re-design of the existing pool, per PCO CC-15 dated July 18th, 2024. AGREED PRICE = $115,105.00 12.To compensate the contractor for a new planting area, new walkway light fixtures, new exercise equipment stations, and a stabilized DG with bender board, per PCO CC-17 dated April 3, 2023. AGREED PRICE = $117,474.00 13.To compensate the contractor for increased City building and demolition permits reimbursement required by the City per PCO CC-19 dated September 04, 2024. AGREED PRICE = $24,002.00 TOTAL AGREED PRICE=$820,386.00 Page 2 of 3 CITY OF SANTA ANA ' __ PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-7527 Santa Anita Park Change Order Number 6 To Byrom-Davey, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 820,386.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Twenty-four(24)Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept as full payment therefor the prices shown above. Accepted,Date Contractor Byrom-Davey, Inc 10/17/24 By Title David Reck Project Manager Approval recommended by � a a Date \ 12.3 f 2S PUBLIC WORKS AV NCY EXECUTIVE RECTOR Approved by "V�1 �'t Date l /zi�/2�v ATTEST: CITY MANAGER -nnifer 1 ' Page 3 of 3 erk CITY OF SANTA ANA r i PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-7527: Santa Anita Park New Synthetic Soccer Field Change Order Number 7 & Park Improvements To from-Davey, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time, Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE 1. Storage bins for waste, a vacuum truck, lab costs, disposal fees associated with a water source uncovered during a boring, added drilling time caused by interference with the water table, crane, and concrete boom dump per PCO CC-16, dated October 11, 2024. AGREED PRICE = $85,143.00 2. Pot-holing, installation of a slab box, saw-cutting, asphalt removal, trenching, slurry backfill, conduit installation, SCE coordination, and inspection per PCO CC-20.1 dated September 18, 2024. AGREED PRICE = $109,428.00 3. Demolition of the pool deck, sidewalk, coping, wall footing, and fencing per PCO CC-21 R2 dated November 16, 2024. AGREED PRICE = $54,403.00 4. Structural engineering services required to review the community center building per PCO#CC-29 dated February 6, 2025. AGREED PRICE = $17,597.00 5. Prepping, priming, and application of pigmented ant-graffiti coating to 10 light pole bases in the parking lot, 4 light pole bases on the basketball court, and 26 light pole bases along the pedestrian walkway per PCO#32 dated October 20, 2023. AGREED PRICE = $23,639.00 Page 1 of 5 6. Install of 240 36"skate stops per PCO#35R2. AGREED PRICE = $12,355.00 7. Changes to the asphalt concrete paving specifications in the parking lot per PCO#36. AGREED PRICE = $39,649.00 8. Removal of asphalt concrete originally shown to be grind and overlay per PCO#37. AGREED PRICE = $17,113.00 9. New 6"fire line to the new riser room, which included plan check fees, labor, fittings, backflow assembly, and FDC connection & testing per PCO#CC-05 dated April 16, 2024. AGREED PRICE = $174,489.00 10. Connection to existing 2° and 4"water lines, trenching, install of SCH 40 piping, backfilling, compacting, and pressure testing per PCO#CC-14 dated April 17, 2024. AGREED PRICE = $18,488.00 11. Install of concrete retaining wall, bollard footing, 6"curb, 6" concrete pavement, concrete stairs, V- gutter, 4" concrete pavement, and concrete ramp per PCO #18.1 dated August 12, 2025. AGREED PRICE = $164,365.00 12. Install of seven (7)overflow roof drain spouts per PCO#CC-23 dated October 23, 2024. AGREED PRICE = $8,531.00 13. Geotechnical services for the retaining wall around the pool per PCO#CC-26. AGREED PRICE = $3,900.00 14. Exterior lighting fixture changes per RFl #CC-029 work including type changes and an additional lighting inverter per PCO#CC-27 dated January 13, 2025. AGREED PRICE = $1,951.00 15. Repair, locating of temporary site lighting, conduit repairs, EV conduit relocation, and a permanent site lighting conduit per PCO #CC-28 dated January 13, 2025. AGREED PRICE = $7,533.00 16. Replacement of concrete flatwork from Phase 1 that was conflicting with improvements outlined in Phase 2 per PCO#CC-30.1 dated August 12, 2025. AGREED PRICE = $119,657.00 Page 2 of 5 17. Extension of the roof system on the community center building per PCO #CC-33 dated May 14, 2025. AGREED PRICE = $9,767.00 18. Install of 2 sets of 7v7 soccer goals per PCO#CC-36 dated June 5, 2025. AGREED PRICE = $16,402.00 19. Install of panic hardware required in the electrical room per PCO#CC-37 dated June 9, 2025. AGREED PRICE = $5,169.00 20. Install of Six (6) hose bibs to be installed throughout the interior of the community center building and on the roof per PCO#CC-38 dated June 16, 2025. AGREED PRICE = $10,133.00 21. Install of three (3) type "S sign lights on the exterior of the community center building and all related electrical work per PCO#CC-39 dated June 16, 2025. AGREED PRICE = $8,408.00 22. Install of metal stud framing, soffits, and furring to the wall to cover gas piping per PCO#CC-42 dated June 23, 2025. AGREED PRICE = $4,789.00 23. Install of temporary power for the lighting systems per PCO#CC-43. AGREED PRICE = $52,035.00 24.Addition of bid item quantities due to overages: BID ITEM DESCRIPTION QTY UNIT AMOUNT 1 MOBILIZATION 0.106 LS $36,623.34 2 CLEARING AND GRUBBING 0.152 SF $19,901.90 3 DEMOLITION 0.074 LS $28,946.00 4 UNCLASSIFIED EXCAVATION 499.66 CY $14,490.00 5 ASPHALT CONCRETE PAVEMENT 176.24 TN $37,011.00 15 PCC WALKWAY 6 IN 960 SF $15,360.00 47 TABEBUTA IMPETIGINOSA 24" TREE BOX 10 EA $6,100.00 48 CANARY ISLAND PINE 24" TREE BOX 1 EA $610.00 52 1 GAL. GRASS BERKLEY SEDGE 850 SF $2,550.00 64 PROJECT ADVERTISEMENT SIGN 2 EA $2,760.00 72 HYBRID BERMUDA 29 SF $58.00 AGREED PRICE = $164,410.24 Page 3 of 5 25. A credit to the City for unused shoring material and labor. AGREED PRICE _ ($80,000.00) 26.A credit to the City for pool plaster install that was removed from scope. AGREED PRICE _ ($44,729.88) TOTAL AGREED PRICE _ $1,129,354.24 Page 4 of 5 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-7527: Santa Anita Park New Synthetic Soccer Field Change Order Number 7 & Park Improvements To Byrom-Davey, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ --------------- INCREASE $ 1,129,354.24 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero(0) Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept as full payment therefor the prices shown above. Accepted,Date kilo Contractor Byrom--Davey, Inc. By Title ...� Project Manager Approval recommended by - Date .-PUBLf W KSAGE YEX UTJ )RECTOR f Approved by WIA Date �d�� 1TY MANAGER A,TTE T. 05 s,N age5of5 a' I. a l ii Clerk �. CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No.19-7527: Santa Anita Park New Synthetic Soccer Field & Change Order Number 8 Park Improvements To BYROM-DAVEY, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY JUSTIFICATION 4 1. Demolition of Concrete Walkway on South and West side of the pool for storm drain rip rap stations. Demolition of new trash enclosure area located in the parking lot per PCO CC-24 AGREED COST: $9,797.00 2. Repair and relocation of temporary site lighting, conduit repair and relocation of conduit for future EV infrastructure and permanent site lighting. Also included disconnecting of temporary power and re-energizing the system per PCO CC-25. AGREED COST: $7,633.00 3. Labor increase associated with installation of playground equipment due to pricing changes from the time of bid per PCO CC-34. AGREED COST: $13,483.00 4. Install fire alarm conduit pathways,junction boxes, and pull strings for both 300 & 310 buildings in accordance with the approved fire alarm design per PCO CC-35- AGREED COST: $33,384.00 5. Labor and material increase associated with metal sheet due to pricing changes from the time of bid per PCO CC-40. AGREED COST: $4,583.00 6. Two (2) portable ADA-compliant restroom units for Parks Services per PCO CC-45. AGREED COST: $1,369.00 7. Three (3) additional condensate lines in ceilings from approved plan set per PCO CC-46. AGREED COST. $3,955.00 Page 1 of 4 B. Install of burglar bars for roof penetrations in Building 300 per PCO CC-47. AGREED COST: $36,990.00 9. Added roof Insulation in the required rooms below roof area in building located at HVAC ductwork penetrates the roof deck per PCO CC-50. AGREED COST: $8,386.00 10. Labor and material increase associated with painting scope due to pricing changes from the time of bid per PCO CC-51. AGREED COST. $15,372.00 11. Install of fire-smoke damper in exhaust ductwork serving restroom areas per PCO CC-52. AGREED COST: $8,069.00 12. Relocation of electrical and data outlet to accommodate furniture installation per PCO CC-53. AGREED COST: $31,173.00 13. Install of new CMU trash enclosure in accordance with the approved Planning and Building set per PCO CC-55. AGREED COST: $21,622.00 14. Install of 2-Hour fire rated wall to comply with Planning and Building requirements per PCO CC- 56. AGREED COST: $25,000.00 15. Install of bent plates and tube steel at building corners to support steel decking per PCO CC-57. AGREED COST: $6,316.00 16. Cost for increased associated with irrigation &landscape scope due to pricing changes from the time of bid per PCO CC-58. AGREED COST: $18,398.00 17. Southern California Gas permit design and install per PCO CC-59. AGREED COST: $14,573.00 1B. Excavation and compaction support required for the asphalt parking lot per PCO CC-61. AGREED COST: $6,259.00 19. Cost increase of labor and material associated with self-performed work since time of bid per PCO CC-62. AGREED COST: $12,048.00 20. Install of 4'x4" PVC-coated clad metal drip edge per PCO CC-63. AGREED COST: $19,095.00 Page 2 of 4 21. Installation of seismic gas shutoff valve on gas service per PCO CC-64. AGREED COST: $3,409.00 22. Security services on original scope and overages community center construction per PCO CC- 65. AGREED COST: $107,308.41 23. Cost increase associated project delays due to changes from bid set to approved Planning & Building set per PCO CC-66. AGREED COST: $259,000.00 24. Installation of sheet metal closure piece at metal deck in 310 Building roof per PCO CC-67. AGREED COST: $20,000 25. Credit issued for removal of mural from project scope per PCO CC-68. AGREED COST: ($50,000.00) TOTAL AGREED COST:$637,112.41 Page 3 of 4 �. CITY OF SANTA ANA ` PUBLIC WORKS AGENCY r-•r' i CONTRACT CHANGE ORDER Project Number Project No.19-7527: Santa Anita Park New Synthetic Soccer Field Change Order Number & & Park Improvements To BYROM-DAVEY, Inc Contractor You are hereby directed to make the herefn changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers,that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and alf impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this change order, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this change order. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this change order. TOTAL COST THIS CHANGE ORDER: DECREASE $ INCR $ $637,1'12.41 EASE By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero(0) Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby a ,if this proposa is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all servi necessary for the war above specified,and will accept as full payment therefor the prices shown above. Accepted,Date Contractor BYROM-DAVEY, Inc By Title Approval recommended by Date 3 3Z PUB L CYEXECU TOR Approved by 17Y bate A2ANAGER Attest _ Date 31V7� (Q CITY CLER Page 4 of 4