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Home My WebLink AboutPROFESSIONAL SPORTS FIELD MAINTENANCE, INC. (3)INSURANCE ON FILE A-2024-003 WORK MAY PROCEED UNTIL INSURANCE EXPIRES G-f12A )4 CITY CLERIC O 2024 DATE: t 0. PW pr(z) AGREEMENT WITH PROFESSIONAL SPORTS FIELD, INC. C3, Ac<Jrdo) v"f TO PROVIDE INFIELD MAINTENANCE SERVICES THIS AGREEMENT is made and entered into on this 16w day of January, 2024 by and between Professional Sports Field, Inc., a California corporation, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On November 2, 2023, City issued Request for Proposal No. 23-152 ("RFP") seeking proposals from qualified firms and organizations to provide infield maintenance services to four designated districts within the City. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services, for the four designated districts, described in the scope of work that was included in the RFP. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the fees and rates set forth in consultant's proposal submitted in response to City's RFP and attached here as Exhibit B. The total sum to be expended under this Agreement shall not exceed $2,759,035 for the entire term of this Agreement, including any extension periods exercised by the parties, as detailed below. The annual not to exceed amount for this Agreement is $551,807, which includes a base annual amount of $459,839 plus a contingency of $91,968 for services to be exercised at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on February 1, 2024 for a three (3) year term until January 31, 2027, with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 3 Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability oflnsurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including 13 fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. L' :7 DCKI7.717." Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 5 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case 0 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Professional Sports Field Maintenance, Inc. Attn: Jesus Moreno, CEO 29466 Ridge Road San Juan Capistrano, CA 92675 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Z44 i Jennifer all Thomas R. Hatch erk Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney , By: Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, PE Executive Director Public Works Agency EXHIBIT A SCOPE OF SERVICES "� a ik'_'�� CITY OF SANTA ANA Exhibit A EXHIBIT I SCOPE OF SERVICES Introduction and Backround The City of Santa Ana intends to enter into an agreement with a contractor whose specialty is maintaining baseball/softball infields and warning tracks. State of California Licensed C-27 Contractor specializing in Ball Diamond In -Field Maintenance shall provide in- field and warning track brckdust maintenance for Baseball/Softball Diamonds per the specifications and conditions listed below. Description of Work Ball Diamond Locations: Including Locations/Quantities/and Types of Diamonds A. DISTRICT 1 i. El Salvador Park a. Two (2) 60' base path Little League diamond with skinned brickdust infields. b. Three (3) base path T-Ball diamonds with skinned brickdust infields. ii. Riverview Park a. One (1) 60' base path Major Little League diamond with skinned brickdust infield b. One (1) 60' base path Major Little League diamond with sports turf and brickdust infield. c. One (1) Minor Little League diamond with sports turf and brickdust infield. d. Two (2) T-Ball Little League diamonds with sports turfand brickdust infield. iii. Rosita Park a. One (1) 80790' base path Little League Junior/Senior diamond with sport brickdust infield.One (1) 60' base path Major Little League diamond with sports turf and brickdust infield. B. DISTRICT 2 i. Cabrillo Park a. One (1) 80790' base path Little League Junior/Senior diamond with skinned brickdust infield. ii. Morrison Park a. One (1) 60' base brickdust infield. iii. Portola Park a. One (1) 60' base brickdust infield. path Girls Softball/ Little League diamond with skinned path Girls Softball/ Little League diamond with skinned iv. Santiago Park -District 2 RFP 23-152 a. One (1) 60' base*M4 i bftball diamond with skinned brFMI&P Anid. (2) CITY OF SANTA ANA C. DISTRICT 3 i. Delhi Park. a. One (1) 60' base path Little League diamond with skinned brickdust infield. ii. Madison Park a. One (1) 60' base path Major Little League diamond with skinned brickdust infield. b. One (1) T-Ball diamond with skinned brickdust infield. iii. Memorial Park a. One (1) 80'/90' base path Little League Junior/Senior diamond with sport turf brickdust infield. b. One (1) 60' base path Little League diamond with combination sport turf1/brickdust infield. c. Two (2) 60' base path Little League diamonds with skinned brickdust infields. D. DISTRICT 4 i. Adams Park a. One (1) 60' base path Little League diamond with skinned brickdust infield. ii. Centennial Park a. Two (2) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infields. iii. Heritage Park a. One (1) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infield. iv. Jerome Park a. One (1) 80'/90' base path Little League Junior/Senior diamond with sports turf/brickdust infield b. Two (2) 60' base path Girls Softball/Major Little League diamond with skinned brickdust infields. v. Thornton Park a. Three (3) 60' base path Girls Softball diamond with skinned brickdust infield. vi. Windsor Park a. One (1) 60' base path Girls Softball diamond with skinned brickdust infield. II. Schedule of Work to be Completed A. DISTRICT 1 i. El Salvador Park a. 5 Days per week, January 151to July 315' b. 3 Day per week, August V to December 31" ii. Riverview Park a. 5 Days per week, January 151to July 311' RFP 23-152 b. 3 Day per week, Fdqotsrttkc��cember 31 s' Page 21 of 100 CITY OF SANTA ANA iii. Rosita Park a. 5 Days per week, January 1s1 to July 31s' b. 3 Day per week, August 1"to December 315' B. DISTRICT 2 i. Cabrillo Park a. 5 Days per week, January 1s1 to July 3151 b. 3 Day per week, August 1s1 to December 31 st ii. Morrison Park a. 3 Days per week, year round iii. Portola Park a. 5 Days per week, January 15' to July 315' b. 3 Day per week, August 1st to December 3151 iv. Santiago Park a. 5 Days per week year round C. DISTRICT 3 i. Delhi Park a. 3 Days per week, year round ii. Madison Park a. 5 Days per week, January 1s1 to July 315t b. 3 Day per week, August 15'to December 31s1 iii. Memorial Park a. 5 Days per week, January 1s1 to July 3151 b. 3 Day per week, August 15'to December 31s1 D. DISTRICT 4 i. Adams Park a. 5 Days per week, January 1s1 to July 315' b. 3 Day per week, August 111 to December 3151 ii. Centennial Park a. 5 Days per week, January 15' to July 31s1 b. 3 Day per week, August 15'to December 315' iii. Heritage Park a. 3 Days per week, year round iv. Jerome Park a. Field #1 i. 5 Days per week, January 1st to July 31st ii. 3 Day per week, August 1s1 to December 3151 b. Field #2 & #3 i. 5 Days per week, January 1st to July 31st RFP 23-152 ii. 3 Day per&ggNA XRj 15' to December 315' Page 22 of 100 (a CITY OF SANTA ANA v. Thornton Park a. 5 Days per week year round vi. Windsor Park a. 5 Days per week, January l s' to July 31' b. 3 Day per week, August 1s'to December 31 s' III. Ball Diamond Maintenance A. FIELD COMPOSITION MIX (BRICKDUST TO BE USED WHEN MAINTAINING INFIELDS) Field in General a. When adding field composition mix (brickdust) to any City of Santa Ana infield, the specific type of material to be used is: Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer). Riverview Park ii. Pitchers Mound/Home Basepath Areas a. When adding a mix with a higher clay composition material to any pitcher's mound/home plate/base-path area, the specific type of material to be used is Hill Topper Home Plate and Mound Mix.3 Day per week, August 1"to December 3111 iii. Warning Track a. [When adding field composition mix to ball diamond warning tracks the specified type of material to be used is: Stabilizer Solutions Stabilizer Warning Track Mix. B. EQUIPMENT The Contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equiptment: Utility Vehicle a. Small tight turn radius (13'R) vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. Drags ii. Scarifying Drag a. Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight ('s). Digging teeth shall be hardened and pointed and be''/z' in diameter. Pull chain shall be included.10.2.1 Scarifying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy-duty steel capable of carrying additional weight ('s). Digging teeth shall be hardened and pointed and be''/" in diameter. Pull chain shall be included. iii. Cutting and Leveling Drag a. Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall RFP 23-152 feature cutting bl qps 4f adjustable and capable of cuQW A%yjAdirt build-up (high spo s) and depositing dirt into holes (low spots) creating a (a CITY OF SANTA ANA smooth and level playing surface. Pull chain shall be included iv. Grooming or Finish Drag: a. Used to complete dragging procedure on a daily basis and lighter/gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. v. Nail Drag a. Used to lightly roughen the infield surface. Use True Pitch Mound Nail Drag or approved equal. C. OTHER EQUIPMENT i. Hand Tamp a. 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate, and pitching mounds. ii. Plastic Sheeting and Duct Tape a. Used to wrap hand tamp head and help prevent wet clay from sticking. iii. Grade or Grooming Rake a. Used to rake and fine -level areas. It shall be made of aluminum, 36" wide, and a 6' handle. iv. Heavy Duty Shovels a. Used to move material. Round/Square Point and Scoop shovels. Heavy Duty Hose a. Used to water down skinned area. Shall be 3/4" to 1)' top quality construction with 225-psi working pressure. Leaks of any kind are not permitted. The contractor shall have a minimum of 175' of hose on hand at all times. vi. High-Pressue Nozzle a. Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. vii. Industrial Push Broom a. Used to remove excess brickdust from turf edges. It shall be 24" min. wide with heavy-duty dual -weight bristles. D. WET CONDITIONS EQUIPMENT During periods of inclement weather or when the areas are wet, the contractor shall have "on -hand" during all brickdust maintenance operations the following items: i. Squeegee a. Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with a neoprene blade and magnesium/aluminum head. ii. "Super Sopper" a. Used to collect standing water in brickdust areas. Shall be drum type with an exterior sponge and arm -holding drum. RFP 23-152 City of Santa Ma Page 24 of 100 iii. Diamond or Beckson Pump (a CITY OF SANTA ANA a. Used to remove standing water in brickdust areas. It shall be plastic with flexible pistons and value. iv. Infield Sopper with Wringer and Bucket a. Used to collect standing water in brickdust areas. Sopper shall be a geotextile-covered sponge typical for absorbing chemical spills. E. CONTRACTOR MEETINGS & DESIGNATED POINTS OF CONTACT Contractor shall provide City of Santa Ana staff with a English-speaking point of contact person and a phone number to reach the contact person from the hours of 6:30 am - 5:00 pm, Monday — Saturday; year round. i. Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor". This site supervisor shall meet with staff as requested at a time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems/concerns that may arise and any goals for the week. ii. November of each year for as long as the contract is in effect, Contractor shall personally meet with start: along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" F. DAILY INFIELD & WARINING TRACK MAINTENANCE i. General a. Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. b. Contractor shall keep brickdust and dugout areas in a clean and weed -free condition. Dugouts shall be completely free of any brickdust or other stains/gum, sunflower seeds, debris, etc. c. Contractor shall sweep/pressure wash out dugouts so they are 1 00% free of brickdust, brickdust stains or any other debris. d. Contractor shall clean mow strips, backstops, chain link fencing, including brickdust build up along bottom rails. ii. Maintenance Procedure a. Contractor shall retain a smooth and level playing surface using the following daily procedures. The contractor shall remove all bases before beginning any work on the in -field and re -install after all work on the in -field is completed. ii. After removing all bases, the contractor shall scrape/wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. iii. The Contractor shall rake/shovel loose material from high spots back into low spots/worn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field before any watering or dragging shall take place. iv. Home Plate Area/Batter's Box Area Holes RFP 23-152 V. Sweep1F;WI @rwWA loose brickdust-mound mix-cam_cloyoo (a CITY OF SANTA ANA vi. Wet area until moist. vii. Scarify area ('s) [batter's box hole ('s)] with a shovel. This will help the mix bind better. viii. In a 5-gallon bucket, mix "mound mix" with water to the desired consistency. Do not use infield mix for this purpose. ix. Backfill "mound -mix" material into hole ('s). X. Tamp the area firmly with a steel tamp. a. Note: The tamp will be most effective if you cover the bottom with plastic. xi. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp bottom. Al. Wet area until moist using a hose and power nozzle. Cover areas with calcified clay. iii. Pitchers Mound a. Follow the same procedure for repair of the home plate/batter's box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. b. Add to the above the following: Rake all loose material from bottom to top and covet- with "Mound Mix". G. GENERAL BRICKDUST SKINNED INFIELD AREAS After raking/shoveling loose material from high spots back into low spots/warn areas on running paths, sliding zones, and any other low spots/worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (w/stabilizer) brickdust from stock and make level. The contractor shall clean all excess brickdust beneath or next to the backstop; dugout chain link fencing, and/or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. ii. Lightly water the entire infield before dragging. a. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going airborne. iii. Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag". Circular or figure eight drag patterns shall be used iv. Alternate drag patterns or reverse the direction of drag patterns daily to avoid ruts and high/low areas. The speed of the drag procedure shall not exceed seven (7) mph. v. When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18". This will help in avoiding lips at brickdust/turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. RFP 23-152 City of Santa Ana Page 26 of 100 vi. Contractor shall hand -rake all base paths on combination turf/brickdust infields. @ CITY OF SANTA ANA vii. When the dragging process is complete, the contractor shall stop the drag in a different location daily. viii. This will stop the accumulation of brickdust in focused areas. At this time, roll up the drag, place it on the vehicle, remove all debris accumulated in the drag at this spot, and rake out material emptied from the drag. ix. After dragging, hand rake the 18" edges using the "grade or grooming rake." The rake shall be held at an angle to not push brickdust onto/into turf areas. x. After raking the 36" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high-pressure water nozzle or heavy-duty broom. NO brickdust shall be permitted on the turf edges at any time. If, in the determination of City staff, an unsafe lip situation exists (an unsafe lip is '/2" or greater) in any turf/brickdust border area infield to brickdust, base paths or brickdust to outfield), the contractor will be required to remove or level the soil build-up with a sod cutter and re-establish the in -field boundaries with a string line or suitable method and re -sod up to the border to remedy the situation al contractors expense. Pre-existing conditions shall be corrected during contract start-up. H. FINAL WATERING This is the Most time-consuming and very important element of the procedure. The contractor shall finally water the skinned brickdust to a depth of minimum. Rainy Weather/Wet Field Procedure a. On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: i. Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump/sopper system. Rake out (scarify) wet areas. iii. Apply Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) from stock to all Wet Areas and Rake Out. Cap with calcified clay Turface. iv. Contractor shall keep Turface Quick Dry Infield Mix in stock during rainy season and make a good faith effort to prepare the fields for play. Can include Saturday and Sunday work. I. WORK TO BE COMPLETED SIX (6) TlWork to be completed Six (6) Times Per Year i. To maintain the levelness of all fields, the contractor shall, once every two months, scarify drag - built-up amounts of materials at high spots and cut and level drag the scarified material to low spots. ii. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. Cap with calcified clay Turface. a. Note: Staff shall identify areas to scarify/cut and level drag to the contractor RFP 23-152 at weekly meetirag bt'&"snppointed site supervisor Page 27 of 100 CITY OF SANTA ANA iii. Heavy water scarified, cut, and leveled areas to a''Y2"min. depth and allow settling in before play on field. a. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi monthly scarify/cut and level drag dates to contractor. J. WORK TO BE COMPLETED ANNUALLY i. Each year, the following renovation will be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. ii. Contractor shall laser grade each ball diamond. iii. The contractor shall scarify drag built-up amounts of materials at high spots and cut and level drag the scarified material to low spots. iv. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. a. Note: Staff shall identify areas to scarify/cut, and level drag at the November meeting with the contractor's owner v. The Contractor shall fill any remaining low spots with new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) brickdust from stock and make level. vi. Contractor shall verify and maintain all base distances, pitching rubber distances, and pitching mound specifications per the Little League, Pony/Colt League specifications for each specific field. vii. The contractor shall use surveying equipment to verify that the first and third bases are true 90-degree angles, the second base is 45 degrees, and the foul poles are in the correct location from the apex of the home plate. viii. The contractor shall repair any specifications not being met in any field. In addition, the Director's Representative (DR) may elect to pay extra for the Contractor to install 1/2" new Stabilizer Solutions Stabilizer Gold Infield Mix (with stabilizer) to in -fields at all diamonds (minimum 25 tons per Girls Softball/Major Little League Field and minimum 50 tons per Junior/Senior Little League Field). Also, the DR may elect to pay extra for the Contractor to install a minimum of 2 tons of surface calcite clay per girls' Softball/Major Little League Field and 4 tons of Turface calcite clay to Junior/Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. ix. Contractor shall rebuild pitcher's mound and batter boxes to MLB specifications for high school/college/senior-junior diamonds and Little League specifications for Little League major diamonds using Hill Topper Mound Mix capped with calcified clay by Turface. K. WORK TO BE COMPLETED "AS DIRECTED" i. Replace Base Anchors as directed. a. Note: City of Santa Ana uses the Hollywood Breakaway base anchoring RFP 23-152 system. The cor*@6jgyAbpflainstall base anchors into the grpkp¢"r100 manufacturer's standards. Top of stake shall be approximately 2" below the @ CITY OF SANTA ANA surface grade so that the base sits level and flush against the surface on all sides. ii. Replace Bases as directed. a. Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and/or bases to the contractor as needed. iii. Replace or Remove/Level/Re-install home plates as directed. The home plate shall be I" above the finish grade of batters circle iv. Replace or Remove/Level/Re-install pitching rubbers as directed. a. City of Santa Ana shall be responsible for supplying all necessary home plates and/or pitching rubbers to the contractor as needed. v. When given direction to complete "as directed" work, the contractor shall complete the directed work on the next working day. L. SPORTS TURF (INFIELD/WARNING TRACK/CRICKET FIELD) MAINTENANCE Sports turf shall mean all sports turf in the infield, the foul territory of the infield, 36" beyond the infield skin line/arc, and 36" from the warning track brickdust skin line at Riverview and Memorial Park. Sports turf shall be mowed and edged one (1) time per week. Mowing shall be accomplished by walk -behind reel mower - Jacobsen Eclipse2 reel mower, TruCut or John Deere Walk Greens Mowers ( 180 E-Cut Hybrid, 220-E Cut Hybrid, 180SL-220SL-260SL Precision Cut units along skinned infield/warning track brickdust areas, turf infields, turf infield foul areas, foul territories. Additional mowers may be submitted for approval by the City. ii. Contractor shall use a Jacobsen Eclipse2, TruCut or John Deere walk -behind "greens" reel mower to provide a "putting green" quality finish cut. iii. Sport turf shall be cut between'/2' and %" per Director's Representative direction. iv. All turf clippings shall be collected and disposed of. v. Edging of infield arc shall be performed by infield sub. vi. Straight lines shall be edged by running a string line to ensure lines are edged perfectly straight. vii. Sports turf shall be irrigated to maximize the healthy growth of the turf while conserving water. Ovenaatering will not be acceptable. viii. Contractor shall check and program the automatic irrigation controller as often as necessary to ensure the correct amount of water is applied to the infield sports turf. ix. Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as -needed basis to ensure a high -quality turf infield. x. Optional As Extra Work- Sports turf shall be fertilized two (3) times per year in the first week of January and April and when the field is renovated each year per the agronomic plan. The Contractor shall use California Organic products'Phyta- Boost' RFP 23-152 7-1-2 fertilizer at 600 pj lWA& grAijpre, and 'Compel' compost at NA p9bfrl& per acre. (I 1f �dl�l ( ! �)�. OF 1 1 1 1 CITY xi. Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. xii. Sport turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. xiii. Sport turf shall be kept weed -free at all times. a. Any grasses other than the original hybrid Bermuda and cropped over perennial rye installed in the infield shall be eradicated immediately upon notice. The contractor may choose the eradication method; however, it may not damage the turf. b. Any broad leaf and/or turf -type weeds shall be eradicated immediately upon notice. The Contractor may choose the eradication method; however, it may not damage the turf. xiv. Sport turf shall be kept pest -free of disease and rodents at all times. a. The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. M. SPORTS TURF RENOVATION -OVER SEEDING i. Sport/Priority turf shall be renovated-overseeded each year per the Sport/Priority Turf Annual Schedule. All seed quantities and types specified shall be verified by the DR prior to any applications. The process for renovation- overseeding shall be as follows: a. The contractor shall install a 6' high temporary construction fence around the sport/priority turf areas prior to commencing renovation-overseeding work. Note, the fence shall be installed on the perimeter of the sport/priority turf to be renovated-overseeding in accordance with the park map depicting the sport/priority turf areas. b. Turf shall be mowed down to''/d'. All turf clippings shall be removed. c. Turf shall be aerated using the Ryan piston -driven aeration equipment. The contractor shall make two passes in different directions per the Director's Representative's direction. d. Turf shall then be verticut using the greens mower with verticut reels (straight blades 1.5" to 2" apart). Following verticutting all turf clippings shall be removed. e. Contractor shall coordinate with the Irrigation Consultant to confirm all irrigation has been tested and restored to original design specifications prior to overseeding. f. Once the Irrigation Consultant verifies the irrigation system is working efficiently, the Contractor shall evenly overseed the turf using a) Stover Seed Company's Grand Slam FS in the fall/winter at a rate of 350 pounds per acre and b) Stover Seed Company's Pro Sportfield Extreme in the spring/summer at a rate of 65 pounds per acre. g. Immediately after overseeding the Contractor shall evenly apply 'W minus STA approved compost topper from R&S Soils to all turf applied at a rate of 35 cubic yards per acre mixed with California Organic 7-1-2 Phyta Boost organic fe1tilizer at a rate of 600 pounds per acre (35 c.y. top dress mix/600# 7-1-2 organic fertilizer). h. Immediately following applying topper the Contractor shall coordinate with RFP 23-152 the Irrigation C@*biWMt Aoa program irrigation controllersply k l9 the seeded areas. The irrigation programs shall be set to maximize germination CITY OF SANTA ANA of seed. Once the renovation process is complete, the Ill •igation Consultant shall retake control of the irrigation programming. N. OVERSEEDING GERMINATION GUARANTEE The Contractor shall guarantee 100% uniform germination within 10 weeks from the time the first application of seed or will sod any thin or bare areas with "thick cut" (thickest available cut) West Coast Turflmproved Kikuyu during the warm season and West Coast Turf Improved Kikuyu Sod that has been "cropped over" with perennial rye grass. Renovation must be completed within three months of fieldclosure. The DR shall determine the quantity of thick -cut sod needed to achieve 100% coverage. O. REPLANTING i. As turf begins to stress, die back, or become thin in appearance for any reason, the Contractor shall immediately install thick cut sod (thickest available cut) West Coast Turf Improved Kikuyu during wal 1 n season and West Coast Turf Improved Kikuyu Sod that has been "cropped over" with perennial ryegrass. ii. The Contractor shall apply supplemental water to hydrate the affected area(a). iii. The Contractor shall also meet with the Irrigation Consultant and coordinate the irrigation programming to germinate seed. The Contractor shall then overseed these turf areas using Stovers Seed Company AZI Kikuyugrass (spring/summer) or Stovers Grand Slam FS (faillwinter) seed at the manufacturer's recommended rate and process. The Contractor shall use STA approved 1/2" minus compost seed topper at a rate of 35 cubic yards per acre pre -mixed with California Organic 6-1-2 Kickstml fertilizer at a rate of 600 pounds per acre. iv. Should the Contractor's seed germination effort fail within four (4) weeks of effort, the Contractor shall install thick cut sod to those turf areas using West Coast Turf Bandera Bermuda cropped over with perennial rye grass (fall/winter) and West Coast Turf Bandera Bermuda (spring/summer). v. The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. vi. The Contractor also understands and accepts that park areas are very heavily used, including increased foot traffic, and other uses and, therefore, acknowledges that he/she will immediately respond to thin or bare areas in turf without delay. P. GENERAL CONTRACT PROVISIONS i. Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. RFP 23-152 City of Santa Ana Page 31 of 100 (a CITY OF SANTA ANA EXHIBIT 11 ADDITIONAL TERMS AND CONDITIONS Contractor Responsibilities Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be reasonable for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. Q. General Conditions i. Definitions a. "Director's Representative" (DR) shall mean the Executive Director of Parks, Recreation and Community Services designated representative( s) b. "SAPRF" shall mean Santa Ana Park and Recreation Facilities. c. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming" d. "Weed" shall mean any undesirable or misplaced plant. e. "Hardscape" shall mean any resilient surface other than turf or planting beds, such as but not limited to curbs, gutters, sidewalks, decomposed pathways, asphalt pavement, mow strips, bollards, signs, grandstands, benches, picnic tables, drinking fountains, BBQ's, fencing, railing, tire stops, etc. R. Scheduling of Work i. The Contractor shall provide landscape/grounds maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the DRs consent. Landscape/grounds maintenance that generates excess noise cannot begin before 8:00 a.m. ii. The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. In addition to the Contractor submitting the Monthly Park Maintenance Inspector's Inspection Schedule and other required monthly reports, the Contractor shall submit weekly schedules -listing the work tasks, the crew performing the task, and the projected hours to complete the task. The schedules shall be emailed to the Director's Representative by Thursday at 4:00 p.m. for the upcoming week. Any changes in the schedule shall be reported in writing 48 hours before the proposed change and must be approved by the Director's Representative. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. S. Local Office i. The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday, 8:00 a.m. to 5:00 p.m., with a company representative present at all times. Answering services or mobile RFP 23-152 telephones will not be c�{isfdsgalocal office. Storage yard or fA1flVU1I%t be aCITY OF SANTA ANA available for this contract. T. Emergency Response i. The contractor shall have an emergency "Stand-by" staff person assigned to respond to urgent calls after hours. The Contractor shall have the capability to answer calls immediately and respond to after-hours service within one (1) hour from the time the call is made. U. Extra Work or Outside the Scope of Work Damage or malfunction to site amenities, plant material, or irrigation system equipment by any of the following may be considered outside the scope of this Agreement unless otherwise specified herein: a. Acts of God b. Civil Disorder c. Vehicle Collision (excluding Contractor and its employees and subs) d. Excavation or Re -surfacing of the Street e. Power Failures f. Underground Wiring Damage g. Extra Work Requested by the DR ii. Contractor will not be considered responsible for replacemen cost. The contractor must prove to the satisfaction of the Director's Representative that one of the above occurred in order to be excused from performing under the Agreement. iii. Extra Work or Outside the Scope of Work -Damage (a.k.a. Extra Work) shall be compensated: a. Labor- 25% above prevailing wage b. Materials- 15% above retail contractor's cost c. Equip Rent-15% above contractor's cost V. All Extra Work or Outside the Scope of Work i. Damage work shall be performed by the contractor's staff other than the routine maintenance staff assigned to the contract. Any staff routine maintenance Contractor's staff discovered performing Scope of Work- Damage work shall not be charged as Extra Work. II. Uniforms and Vehcile Identification W. The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, cold weather vests, and ANSI -approved safety shoes. All uniforms will be marked by patch, silkscreen, or embroidery with the company name and logo or other form of identification. X. All equipment shall be clearly identified on both sides and rear of the vehicles as belonging to the Contractor, well maintained, in excellent working condition, be clean in appearance, and without extensive visible damage, dirt, graffiti, etc. In addition, all vehicles shall have the company's name, contractor's license number, and contact information clearly identified on both sides and the rear of the vehicle. RFP 23-1h The DR reserves the right to d01s AA@AQpntractor to remove an employ@#wopiwe of equipment for not meeting high maintenance and appearance standards. IV. V VI. VII. CITY OF SANTA ANA Safety Requirements A. All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. The Contractor shall be in compliance with his/her companies City approved Illness and Injury Prevention Program and all Federal, State and Local OSHA requirements, laws and regulations. B. All work performed under this contract shall be performed in strict compliance with all federal, state and local safety laws, regulations or other authoritative mandates that protect workers and the general public, including but not limited to, excavation/trenching/shoring, blood borne pathogens, hazardous waste identification and transport and pesticide use and reporting. C. In the event unsafe work is observed by City staff or otherwise reported, the Director's Representative may at his discretion, order the Contractor to stop performing and pay all costs and or damages resulting from the delay. D. The Contractor shall perform all safety training required by OSHA, CalOSHA, and any and all authoritative government entities having authority over required safety training. E. In addition, the Contractor shall submit to the Director's Representative each year upon renewal of the agreement his/her updated Illness and Injury Prevention Plan, which shall include the annual OSHA safety training schedule and updated OSHA safety training records and employee safety training certificates. All OSHA Training shall be performed by a certified OSHA Trainer. Safety Notification A. If Contractor identifies a potential safety issue, Contractor shall: i. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitutes around the condition. ii. Notify the DR of the condition first by phone and then in writing (e-mail is acceptable), including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, the Contractor shall have no further responsibility regarding the condition. Undergound Alert Systems A. Underground Alert Systems (telephone number 1-800-422-4133) must be notified 48 -hours in advance prior to any excavation work. Property Damage A. Any damage to private property caused by the Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. Vill. Access to Private Property RFP 23-1& Prior to any work involving prj@tasKopegy, the Contractor shall notify ft r4kiQtf the proposed work and obtain all necessary permits and/or consent required from the City CITY OF SANTA ANA and/or property owner IX. Protection and Restoration of Existing Improvements A. The Contractor shall protect City and/or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" X. Traffic Control A. The Contractor will not interrupt traffic flow on City streets without obtaining a no -fee permit from the City, Prior to performing maintenance activities where Contractor employees work immediately adjacent City vehicular lanes or any other situation covered under the California MUTCD, the Contractor shall implement no -fee permitted City approved traffic safety plans to protect the health and welfare of its employees and the general public prior to commencement of the agreement. XI. Monthly Reports A. Prior to the first of each month, the Contractor shall submit to the DR for approval: i. The Excel Park Maintenance Inspector's Inspection Schedule including a detailed annual, monthly, weekly and daily work schedules consistent with task frequencies in Exhibit I ii. A copy of certified payroll sent to the Department of Industrial Relations. on the required formattforms of employees assigned to the contract areas; iii. An updated organizational chart, or equal, listing the names, titles, schedules, and number of Full -Time Equivalent (FTE'S) assignments of all persons working in the contract areas; iv. Invoices and packing slips of name, type, and quantities of commodities purchased; v. Green Waste recycling report including tonnage and name/location of the green waste recycling plant. B. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director's Representative shall be immediately notified of any changes to the above information. C. Failure to submit a report by the first of each month shall result in a fine of $100.00 per day for each report submitted late. XII. Water Conservation & Programming of Controllers A. The City shall be responsible for programming irrigation controllers and conserving water. The Contractor shall be responsible for all repairs to lateral lines, rotors/heads/fittings. XIII. Specifications Interpretation A. The intent of these specifications is known by the City of Santa Ana and SAPRF. Any questions relating to the interpretation of these specifications must be addressed in writing prior to the start of work. The Contractor agrees that interpretations of this contract after the RFP 23-152 start of work are at the sole disgt,@Ugaq&W DR, and the Contractor shall ahig"yfaHd;uch interpretations. (a CITY OF SANTA ANA XIV. Protection of Existing Facilities and Structures A. The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, Santa Ana Park and Recreation Facilities (SAPRF), or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and/or the DR shall make the determination of fault. The DR reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage within twenty-four (24) hours of the damage incurred. B. If the Directors Representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precautions when working in these areas. C. Contractor shall call Underground Alert (800) 422-4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the DR and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized DR for a timely resolution of the problem. XV. Substitutions A. Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. XVI. Certifiication & Application of Materials A. All materials shall be delivered to the site in original containers. Materials shall be subject to inspection by the DR. The DR will not approve materials not meeting the SAPRF standards, and the Contractor shall return any such non -satisfactory items at his/her cost. B. No materials shall be applied prior to the DR verifying the specified quantities of materials. Furthel more, should the Contractor apply materials before the DR verifies correct materials and quantities, the Contractor shall not receive credit for the applied materials. The Contractor shall then reorder and deliver the materials, thereby not receiving credit for the applied materials. XVII. Contractor Neglect A. Any damage to the City of Santa Ana, SAPRF, or private propelty, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. XVIII. Contstruction Eguiptment A. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. XIX. Sound Control Requirements RFP 23-152 City of Santa Ana Page 36 of 100 A. The Contractor shall comply with all local sound control and noise level rules, regulations CITY OF SANTA ANA and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any pul l iose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore, Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. XX. Inquiries & Complaints A. The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, DR, and/or private citizens during normal working hours. B. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the DR may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force, All costs of any such action shall be charged against the Contractor, or the DR may deduct such cost from any amount due to Contractor. C. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and/or DR. If any complaint is not abated within a reasonable time, the DR shall be notified immediately of the reason for not abating the complaint followed by a written report to the DR within five (5) days, If the complaints are not abated within the time specified or to the satisfaction of the DR, the DR may collect the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges XXI. Notification of Locations of Work A. The Contractor shall notify the DR when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. XXII. Work Force A. The DR may evaluate each of the Contractor's staff and if he/she finds that a Contractors employee or sub -contractor's employee is not performing to the satisfaction of the DR, the DR shall require the Contractor to remove the employee from work sites at his or her discretion within 24 hours of written notice. XXIII. Materials A. The DR shall approve or reject all materials delivered to the work site. In addition, the Contractor shall not apply any materials until the DR inspects the materials to confirm they are correct per specifications. Note that the DR may stay at the work site to confirm that all materials are applied correctly and in the quantities specified. Materials applied by the RFP 23-152 Contractor prior to the DR in5WKt p* %@ materials shall be consideroogdVtofap®lied. Therefore, the Contractor shall not be given credit towards the quantity of the specified ..�.CITY OF SANTA ANA material required to be applied by the specification. The Contractor shall then be required to deliver the specified quantity of material to the work site and, following the DR approval, apply the materials in the presence of the DR. B. Prior to the application or use of any materials, the Contractor shall submit to the DR a minimum of 48 hours before delivery to the work site a list of all materials and/or chemicals that may be used pursuant to the terms of this Agreement. The list shall include the name of the product, the product's specifications, and the quantity of materials, prescribed method of use/application, Material Safety Data Sheets and chemical analysis where applicable, recommended usage, and any other manufacturer's data that may be pertinent. The list must be submitted before any materials/chemicals are used pursuant to this Agreement. i. The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: ii. All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep turf, trees, shrubs and other plants in a healthy and vigorous growing condition. iii. Pesticides, including but not limited to Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides, shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. iv. Materials shall, as specified herein, matching those existing at the work site or as specified by the DR. v. All materials delivered to the site shall be accompanied by a packing slip or other form from the vendor indicating the specific commodity delivered and the quantity. XXIV. Trash Disposal and Recycling A. All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters/green waste recycling facilities to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. XXV. Prevailing Wage Determination A. General prevailing wage determination made by the Director of Industrial Relations pursuant to California Labor Code Part 7, Chapter I, Article 2, Sections 1 770, 1773 and 1773.1 is: i. CRAFT: ## LANDSCAPE MAINTENANCE LABORER DETERMINATION: SC- LML-2019-1 ISSUE DATE: February 22, 2019 ii. EXPIRATION DATE OF DETERMINATION: March 31, 2019' Effective until superseded by a new termination issued by the Director of Industrial Relations. XXVI. City Responsibilities RFP 23_1& CITY -DIRECTOR'S AUTHORITD( of Santa Ana Page 38 of 100 (a CITY OF SANTA ANA The DR is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the DR. In the event that the Contractor effects any such changes at the direction of any person other than the DR, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the DR shall have the authority to accept/reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The DR Representative shall also have the authority to suspend portions of the specifications and withhold the cost of the suspended portion of the agreement at his/her discretion. ii. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work When the performance of the work or completion per schedule is determined to be sub -standard or not on schedule, the DR may recommend that all or a portion of payment be withheld. In addition, the DR shall have the option to hire another qualified contractor to perform any portion of the work specified and withhold payment in the amount of the cost to hire the qualified contractor. Payment to be withheld shall be deducted from the next or subsequent monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable fol- said deficiency and will be billed accordingly. iii. The DR shall decide all questions, which may arise as to the interpretation of the quality of work, manner of performance, completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sourc RFP 23-152 City of Santa Ana Page 39 of 100 I*14061113111f:1 COMPENSATION - PROPOSAL PRICING Exhibit B CITY OF SANTA ANA ATTACHMENT A-2 PROPOSAL PRICING —Pricing Information for each site should be as accurate as possible. Based on funding availability, the City may remove a site from the scope of work without affecting pricing for other sites --During sports field renovation cost will SERVICE COST PER WEEK 510 1 DISTRICT ANNUALAMOUNT El Salvador Park $50153 Riverview Park $50 153 Rosita Park $19,060 TOTAL $119,366 DISTRICT 2 ANNUALAMOUNT Cabrillo Park $21 772 Morrison Park 11 965 Portola Perk $15 275 Santiago Park 17.575 TOTAL 66 587 SERVICE COST PER WEEK $860 6 28 $2 005 SERVICE COST PER WEEK 25 $210 $1 120 DISTRICT3 ANNUAL AMOUNT Delhi Park 10 2 6 Madison Park $30 ,335 Memorial Park 57 2 TOTAL $98,099 DISTRICT4 ANNUALAMOUNT Adams Park 16177 Centennial Park $29825 Heritage Park $11 78 Jerome Park $ 1 74 Thornton Park $50 939 Windsor Pent $15 091 707AL $175 787 Certification -1 certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. examined the Scope of Services and am familiar with the scope of work locations. t am familiar Win all the existing conditions and limitation that may Impact work requests, I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Provide costs for In -field ball diamond maintenance. Fee must be Inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. The proposerwarrants that tha prices, terns and condWo d quoted will be valid for a period of 120 days from the date the proposal is due, In order to allow timement4 to award an agree v THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFP 21152 Gty of Santa Ana Page 93 Of 100 From: City of Santa Ana To: Chavez Sophia; Reyes, Erendida; Acevedo Jorae; Lopez Juan DeLeon, Rocio Subject: Internal Notice of Compliance Date: Friday, January 26, 2024 3:38:30 PM El NOTICE OF COMPLIANCE ('Ill S L %i P: PRINT I I[IS PAGE :UU 1N;('LI'DE NA FEE ACREEN I I. NT TO THE CLERK OF THE COFNCIL Contractor professional Sports Field Maintenance, Inc Name: Project RFP 23-152 Number: Project AGREEMENT WITH PROFESSIONAL SPORTS FIELD, INC. Name: TO PROVIDE INFIELD MAINTENANCE SERVICES The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NUMBER DATE NAME 23-24 all AUTOMOBILE LIABILITY AW3D995243 07/26/2024 10/24/2023 Liability - 25.pdf 23-24 all GENERAL LIABILITY BK559328473 11/01/2024 10/24/2023 Liability - 25.pdf WORKERS COMPENSATION AND 23-24 all EMPLOYERS' LIABILITY XWS59328473 10/30/2024 10/24/2023 Liability - 25.pdf No further action is required at this time. Thank you, City of Santa Ana Risk Management Division m partnership with CTrax Plus Services Team 1 /26/2024 6:38 PM ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/28/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Acrisure Southwest Partners Insurance Services, LLC 4000 Westerly Place Suite 110 CONTACT NAME: Monica Segura PHONE Ext: 949-348-2080 (FAX,No:949-201-4515 (A CE-MAIL ADDRESS: MSegura@Acrisure.com INSURER(S) AFFORDING COVERAGE NAIC# Newport Beach CA 92660 INSURERA: Ohio Security Insurance Company 24082 License#: BR-1801370 INSURED PROFSPO-01 Professional Sports Field Maintenance, Inc 29466 Ridge Rd INSURERB: California Automobile Insurance Company 38342 INSURERC: American Fire & Casualty Company 24066 INSURERD: Evanston Insurance Company 35378 San Juan Capistrano CA 92675 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:275319750 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERALLIABILRY BKS59328473 11/1/2024 11/1/2025 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $ 500,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY D PRO JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY BA040000090235 7/26/2025 7/26/2026 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY C D X UMBRELLA LAB X OCCUR ESA59328473 EZXS 3206125 11/1/2024 6/23/2025 11/1/2025 11/1/2025 EACH OCCURRENCE $2,000,000 AGGREGATE $ 2,000,000 EXCESS LAB CLAIMS -MADE DED RETENTION $ Each Occ/Aggregate $ 2,000,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N XWS59328473 10/30/2024 10/30/2025 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICE R/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are included as additional insured per the attached endorsement. Broker agrees to 30 day written notice of cancellation applies, except 10 day notice of non-payment of premium. Tu Tran Digitally signed by Tu Tran Nguyen Date: 2025.09.03 Nguyen 11:59:28-07'00' APPROVED By Tu Tran Nguyen at 11:58 am, Sep 03, 2025L] CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 USA © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: BKS59328473 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY - ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other ti valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing'. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us, b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) 'Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Mercury Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS III. SUPPLEMENTARY PAYMENTS IV. ADDITIONAL TRANSPORTATION EXPENSE V. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE VI. GLASS REPAIR — DEDUCTIBLE WAIVER VII. TWO OR MORE DEDUCTIBLES VIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUITOR LOSS IX. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS X. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XI. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH XII. PERSONAL EFFECTS COVERAGE XIII. LOSS OF USE EXPENSES XIV. DEVICES DESIGNED FOR USE WITH AUDIO, VISUAL OR DATA ELECTRONIC EQUIPMENT XV. PHYSICAL DAMAGE DEDUCTIBLE —VEHICLE TRACKING SYSTEM XVI. CHAINS, TARPS, AND BINDERS COVERAGE Copyright 2023 Mercury Insurance Services, LLC. All rights reserved. MCA CABE 08 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 4 BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an "accident" which occurred before you acquired or formed the organization. EMPLOYEES AS INSUREDS SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. COVERAGE, 1. Who Is An Insured, the following is added: Any "employee" of yours is an "insured" while using a "covered auto" you do not "own" lease, hire, rent, or borrow, which is used in connection with your business. III. SUPPLEMENTARY PAYMENTS SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 3. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. IV. ADDITIONAL TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Coverage Extensions, a. Transportation Expenses, is amended by: Replacing $20 per day with $50 per day, and the $600 maximum with $1,000 maximum. If your business shown in the "Declarations" is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen "covered auto" from the place where it is recovered to its usual garaging location. V. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. VI. GLASS REPAIR— DEDUCTIBLE WAIVER SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. Copyright 2023 Mercury Insurance Services, LLC. All rights reserved. MCA CABE 08 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 4 VII. TWO OR MORE DEDUCTIBLES SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company' means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. Vill. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. IX. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at anytime during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. X. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, S. Other Insurance, the following is added and supersedes any provision to the contrary: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. XI. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V— DEFINITIONS, D. "Bodily Injury" is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Copyright 2023 Mercury Insurance Services, LLC. All rights reserved. MCA CABE 08 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 4 XII. PERSONAL EFFECTS COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Coverage Extensions, the following is added: Personal Effects We will pay up to $500 for "loss" to personal effects which: (1) Are owned by you or a driver listed in the "Declarations"; and (2) Are in or on a "covered auto" at the time of "loss". This coverage applies only in the event of a total theft of a "covered auto". No additional deductible applies to the coverage. Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment are not considered personal effects. XIII. LOSS OF USE EXPENSES If you pay the premium for Hired Auto Physical Damage, we will pay expenses for which you become legally responsible to pay for loss of use of an "auto" due to "loss" or "accident" covered by Hired Auto Physical Damage. However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. The insurance provided by this provision is excess over any other collectible insurance. XIV. DEVICES DESIGNED FOR USE WITH AUDIO, VISUAL OR DATA ELECTRONIC EQUIPMENT SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, 4.a., is replaced by the following: a. Under Comprehensive Coverage we will pay up to $200 for "loss" to tapes, records, discs or other similar audio, visual, data electronic devices designed for use with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment: (1) Are your property or that of a driver listed in the "Declarations"; and (2) Are in a "covererd auto" at the time of "loss". This coverage applies only in the event of a total theft of a "covered auto". No additional deductible applies to this coverage. XV. PHYSICAL DAMAGE DEDUCTIBLE —VEHICLE TRACKING SYSTEM SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the "Declarations" will be reduced by 50% for any "loss" caused by theft if the "covered auto" is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of that "covered auto" by the "insured" or law enforcement. XVI. CHAINS, TARPS, AND BINDERS COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limits Of Insurance, the following is added: The most we will pay for the "loss" to chains, tarpaulins, binders, and cargo securing devices will be $500. The chains, tarpaulins, binders, or cargo securing devices must be in or on the "covered auto" at the time of "loss". Copyright 2023 Mercury Insurance Services, LLC. All rights reserved. MCA CABE 08 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV — BUSINESSS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, the following is added: We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident' or "loss", provided that the "accident' or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. M CA04440913 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Section II - Liability Coverage, Paragraph A.I. Who Is An Insured Provision: Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. MCA20480711 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 79 WAIVER OFOUR RIGHT T0RECOVER FROM OTHERS ENDORSEMENT 'CAL|R0RN|A We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only tothe extent that you perform work under written contract that requires you to obtain this agreement ----- from ua.) ~~~~~ You must maintain payroll records accurately segregating the remuneration of your onnp|oyooa vvhi|o en- gaged in the work described in the Schedule . The additional premium for this ondonaonnont is $ O Schedule Person erOrganization City of Santa Ana Job Description This endorsement changes the policy to which it is attached and is effective on the date issued un|oaa otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 08/28/2025 Policy Effective 10/30/2024 Insured PROFESSIONAL SPORTS FIELD MAINTENANCE, INC Endorsement No. 0002 Premium $49.00 Insurance Company Ohio Security Insurance Company Countersigned by WC88O879 (Ed.01'13) � uOl3Liberty Mutual Insurance 19291 ,a`oRo° CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 11 /2/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Acrisure West Insurance Services, LLC 1950 W Corporate Way #1 CONTACT NAME: Monica Segura PHONE FAX A/C No Ext : 949-348-2080 A/C, No : 949-201-4515 -MAIL MSegura@Acrisure.com INSURER(S) AFFORDING COVERAGE NAIC# Anaheim CA 92801-5373 INSURERA: The Ohio Casualty Insurance Company 24074 License#: 6009644 INSURED PROFSPO-01 Professional Sports Field Maintenance, Inc 29466 Ridge Rd INSURERB: California Automobile Insurance Company 38342 INsuRERc: American Fire &Casualty Company 24066 INSURERD: Evanston Insurance Company 35378 San Juan Capistrano CA 92675 INSURERE: Ohio Security Insurance Company 24082 INSURER F COVERAGES CERTIFICATE NUMBER: 1480995579 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR OF INSURANCE ADDLSUBRTYPE INSD WVD POLICY NUMBER MM DDIIYYYY POLICY EFF POLICY EXP MM DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY BKO59328473 11/1/2025 11/1/2026 EACH OCCURRENCE $1,000,000 FIVI CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO JECT � LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY BA040000090235 7/26/2025 7/26/2026 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X. NON -OWNED AUTOS ONLY AUTOS ONLY C D X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE ESA59328473 EZXS3221469 11/1/2025 11 /1 /2025 11/1/2026 11 /1 /2026 EACH OCCURRENCE $2,000,000 AGGREGATE $ 2,000,000 DED RETENTION $ Each Occ/Aggregate $ 2,000,000 E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE XWS59328473 10/30/2025 10/30/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE- EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are included as additional insured per the attached endorsement. Broker agrees to 30 day written notice of cancellation applies, except 10 day notice of non-payment of premium. Dlgltally,igned by TU Trd n D ut 2 r 2guyen APPROVED wt=: 025.1z, a Nguyen ,, 3s4,-a8aa. By Tu Tran Nguyen at 11:35 am, Dec 10, 2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 USA ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY# BK059328473 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY - ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply un|oaa modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 3. Exo|umiemm of Section | ' Coverage ^4 ' Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. |tianot owned byany insured; 2. It is hired, chartered orloaned with atrainod paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. |tianot being used tocarry persons orproperty for acharge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, oocoaa (other than insurance written toapply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY 'ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3)' (4) and N@ ofexclusion i Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 3. The following iaadded toSection |V'Commercial General Liability Cemdbiemm Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance mfhzodod by this provision of this endorsement is oxcoaa over any property insurance, whether primary, excess, contingent oronany other basis. D. EXTENDED DAMAGE TOPROPERTY RENTED TO YOU (Temamt'mProperty Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph ofexclusion i Damage To Property is replaced bythe foUovv Panagnapha(1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection ayatorn) to: (i) Premises rented toyou for aperiod of7orfewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate Unn|t of insurance applies to this coverage as described in Section U| ' L|mnhm of Insurance. � uOl3Liberty Mutual Insurance b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions o. through m. do not apply to damage by fire, lightning, explosion, annoko or leakage from automatic fire protection systems to premises while rented to you ortemporarily occupied by you with permission of the owner. Aaoparato limit of insurance applies to Damage To Pronniaoa Rented ToYou aadescribed inSection III ' Limits OfInsurance. 3. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: G. Subject to Paragraph 5. above, the Damage To Pronniaoa Rented To You Limit is the most vvowill pay under Coverage Afor damages because of"property damage" to: ~~~~~ a. Anyoneprennioe: (1) While rented toyou; or (3) VVhi|o rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, annoko or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 8.a.Acontract for a |oaao of premises. However, that portion of the contract for a |oaao of pronniaoa that indemnifies any person or organization for damage by fire, lightning, explosion, annoko' or leakage from automatic fire protection ayatonoa to pronniaoa vvhi|o rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such pronniaoa thataroino|udodinyourpronniaoaronta|or|oaaoagroonnontianotan''inaurodcontract" E. MEDICAL PAYMENTS EXTENSION |fCoverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended aafollows: Under Paragraph 1. Insuring Agreement ofSection | ' Coverage ' Medical Payments, Subparagraph (b)ofParagraph a.iareplaced bythe following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OFSUPPLEMENTARY PAYMENTS 'COVERAGES A AND 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Upto$3'OOOfor cost ofbail 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 tofurnish these bonds. 2. Paragraph 1.d. iareplaced bythe following: d. All reasonable expenses incurred bythe insured atour request toassist uainthe investigation or defense of the claim or "suit", including actual |oaa of earnings up to $500 a day because of time off fronn work. G. ADDITIONAL INSUREDS 'BYCONTRACT, AGREEMENT ORPERMIT 1. Paragraph 3. under Section || 'VVhe Is An Insured is amended to include as an insured any person or organization vvhonn you have agreed toadd as an additional insured in avvritton contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury'', "property damage" or "personal and advertising injury" caused in whole orinpart by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily iniury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent tothe signing of such written contract or written agreement; or � uOl3Liberty Mutual Insurance b. Premises orfacilities rented byyou orused byyou; or o. The maintenance, operation or use by you of equipment rented or |oaaod to you by such person or organization; or d. [)pormdona performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard" (3) Insurance applies to premises you own, rent, or control but only with respect tothe following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, aidovvm|k vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, orremoval ofelevators; or (o) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law;and 2. If coverage provided tothe additional insured is required by contract oragreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract oragreement toprovide for such additional insured. With respect to Paragraph 1.a. above, a poraon'a or organizadon'a status as an additional insured under this endorsement ends when: (1) All work, including materials, parts orequipment 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 inaured/a\at the location ofthe covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor orsubcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a ponaon'aoronganizadon'astatus aaan additional insured under this endorsement ends when their written contract orwritten agreement with you for such premises orfacilities ends. With respects to Paragraph 1.o. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment tothe lessor. The insurance provided by this ondoraonnort applies only if the written contract orwritten agreement iasigned prior tothe "bodily injury" or"property dannago" We have no duty to defend an additional insured under this ondomonnort until we receive written notice of "suit" by the additional insured as required in Paragraph b. of Condition 3. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. � uOl3Liberty Mutual Insurance 2. With respect tothe insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or"property damage" occurs. o. "Bodily injury","property damage" or"personal and advertising injury" arising out ofthe render- ing of, orthe failure to render, any professional architectural, engineering or surveying services, ~~~~~ including: ~~~~~ M\ The preparing, approving, or �o prepare or maps, shop opinions, ` ' ' ' ' ' ' ' napo�a surveys, field change orders ' ' ' ' (2) Supervisory, inspection, architectural orengineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring' onnp|oynnont training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury^ or "property damage", or the offense which caused the ^ponaono| and advertising iniury^' involved the rendering of, orthe failure to render, any professional architectural, engineering orsurveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts orequipment 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 inaurod(a)at the location ofthe covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor orsubcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by separate ADDITIONAL INSURED -OWNERS, LESSEES ORCONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III ' Limits OfInsurance: If coverage provided to the additional insured is required by contract oragreement, the most vvowill pay onbehalf ofthe additional insured iathe amount ofinsurance: a. Required bythe contract oragreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever ialess. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form orendorsement under this policy. Condition 4.Other Insurance ofSECTION K/'COMMERCIAL GENERAL LIABILITY CONDITIONS iaamend- ed a. The following is added to Paragraph a. Primary Insurance: If an additional innurod'a policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional inaurod'opolicy for damages vvocover. � uOl3Liberty Mutual Insurance b. The following iaadded toParagraph b.Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non'oontributory, this insurance is oxcoaa over any other insurance for which the addi- tional insured is designated as a Named Insured. Rogaod|oaa of the written agreement botvvoon you and an additional insured, this insurance is oxcoaa over any other insurance whether primary, excess, contingent oron any other basis for which the additional insured has been added as an additional insured on other policies. i ADDITIONAL INSUREDS -EXTENDED PROTECTION OFYOUR "LIMITS i]FINSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form orendorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: Amadditional insured under this endorsement will aasoon aapracticable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance tous; b. Tender the defense and indemnity ofany claim or "suit" to all insurers whom also have insurance available tothe additional insured; and o. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until vvoreceive written notice ofa"auit"bythe additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section |U ' Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO |SANINSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11 - Who Is An Insured is replaced with the following: (1) "Bodily injury" or"personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability connpmny),toa co -"employee" vvhi|o inthe course ofhis or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence ofParagraph (1)(a)above; (o) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job noopono|b|UUoo assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "onnp|oyooa" are insureds for "bodily injury" or "personal and � uOl3Liberty Mutual Insurance advertising injury" arising out oftheir vviUfu| conduct, which is defined as the purpoaofu| orvviUfu| intent to cause "bodily injury" or "personal and advertising injury", or caused in vvho|o or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED ORADDITIONALLY ACQUIRED ENTITIES Paragraph 3.ofSection U'Who |mAmInsured iareplaced bythe following: 3. Any organization you novv|y acquire or form and over which you maintain ownership or majority ----- interest, will qualify as a Named Insured if there is no other similar insurance available tothat ~~~~~ organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired orformed byyou; b. CovoragoAdooanotapp|yto''bodi|yinjury''or''proportydannago''thatoccurrodboforeyou acquired orformed the organization; and ~~~~~ o. Coverage B does not apply to "personal and advertising injury" arising out ofmn offense committed before you acquired orformed the organization. d. Records and descriptions ofoperations must bomaintained bythe first Named Insured. Noperson ororganization iaaninsured with respect tothe conduct ofany current orpast partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations orqualifies aaaninsured under this provision. L. FAILURE TODISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section |V'Commercial General Liability Cemdbiemm the following iaadded toCondition G. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure todisclose all hazards or prior "oocunoncoa"ianot intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section |V'Commercial General Liability Cemdbiemm the following iaadded toCondition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, o|minna or "suits" shall have received such notice from the agent, servant or N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" nnoana physical injury, sickness or disease sustained by person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. � uOl3Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page of P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Mercury Business Auto Broadening Endorsement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (BROAD FORM NAMED INSURED) II. EMPLOYEES AS INSUREDS III. SUPPLEMENTARY PAYMENTS IV. ADDITIONAL TRANSPORTATION EXPENSE V. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE VI. GLASS REPAIR — DEDUCTIBLE WAIVER VII. TWO OR MORE DEDUCTIBLES VIII. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS IX. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS X. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT XI. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH XII. PERSONAL EFFECTS COVERAGE XIII. LOSS OF USE EXPENSES XIV. DEVICES DESIGNED FOR USE WITH AUDIO, VISUAL OR DATA ELECTRONIC EQUIPMENT XV. PHYSICAL DAMAGE DEDUCTIBLE — VEHICLE TRACKING SYSTEM XVI. CHAINS, TARPS, AND BINDERS COVERAGE Copyright 2023 Mercury Insurance Services, LLC. All rights reserved. MCA CABE 08 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 4 BUSINESS AUTO COVERAGE FORM I. NEWLY ACQUIRED OR FORMED ENTITY (Broad Form Named Insured) SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, the following is added: Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisition or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. Coverage does not apply to an "accident" which occurred before you acquired or formed the organization. EMPLOYEES AS INSUREDS SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. COVERAGE, 1. Who Is An Insured, the following is added: Any "employee" of yours is an "insured" while using a "covered auto" you do not "own", lease, hire, rent, or borrow, which is used in connection with your business. III. SUPPLEMENTARY PAYMENTS SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 3. Coverage Extensions, a. Supplementary Payments, Subparagraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We are not obligated to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. IV. ADDITIONAL TRANSPORTATION EXPENSE SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Coverage Extensions, a. Transportation Expenses, is amended by: Replacing $20 per day with $50 per day, and the $600 maximum with $1,000 maximum. If your business shown in the "Declarations" is other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen "covered auto" from the place where it is recovered to its usual garaging location. V. ACCIDENTAL AIRBAG DEPLOYMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a., is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. VI. GLASS REPAIR — DEDUCTIBLE WAIVER SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. Copyright 2023 Mercury Insurance Services, LLC. All rights reserved. MCA CABE 08 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 4 VII. TWO OR MORE DEDUCTIBLES SECTION III -PHYSICAL DAMAGE COVERAGE, D. Deductible, the following is added: If two or more "company" policies or coverage forms apply to the same accident: 1. If the applicable Business Auto deductible is the smallest, it will be waived; or 2. If the applicable Business Auto deductible is not the smallest, it will be reduced by the amount of the smallest deductible; or 3. If the loss involves two or more Business Auto coverage forms or policies the smallest deductible will be waived. For the purpose of this endorsement "company" means the company providing this insurance and any of the affiliated members of the Mercury Insurance Group of companies. Vill. AMENDED DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit, Or Loss, a., In the event of "accident", you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. IX. UNINTENTIONAL ERROR, OMISSION, OR FAILURE TO DISCLOSE HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation, or Fraud, the following is added: Any unintentional omission of or error in information given by you, or unintentional failure to disclose all exposures or hazards existing as of the effective date or at anytime during the policy period shall not invalidate or adversely affect the coverage for such exposure or hazard or prejudice your rights under this insurance. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. X. PRIMARY AND NONCONTRIBUTORY IF REQUIRED BY CONTRACT SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, S. Other Insurance, the following is added and supersedes any provision to the contrary: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. XI. BODILY INJURY REDEFINED TO INCLUDE RESULTANT MENTAL ANGUISH SECTION V— DEFINITIONS, D. "Bodily Injury' is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. Copyright 2023 Mercury Insurance Services, LLC. All rights reserved. MCA CABE 08 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 4 XII. PERSONAL EFFECTS COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Coverage Extensions, the following is added: Personal Effects We will pay up to $500 for "loss" to personal effects which: (1) Are owned by you or a driver listed in the "Declarations"; and (2) Are in or on a "covered auto" at the time of "loss". This coverage applies only in the event of a total theft of a "covered auto". No additional deductible applies to the coverage. Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment are not considered personal effects. XIII. LOSS OF USE EXPENSES If you pay the premium for Hired Auto Physical Damage, we will pay expenses for which you become legally responsible to pay for loss of use of an "auto" due to "loss" or "accident" covered by Hired Auto Physical Damage. However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. The insurance provided by this provision is excess over any other collectible insurance. XIV. DEVICES DESIGNED FOR USE WITH AUDIO, VISUAL OR DATA ELECTRONIC EQUIPMENT SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, 4.a., is replaced by the following: a. Under Comprehensive Coverage we will pay up to $200 for "loss" to tapes, records, discs or other similar audio, visual, data electronic devices designed for use with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment: (1) Are your property or that of a driver listed in the "Declarations"; and (2) Are in a "covererd auto" at the time of "loss". This coverage applies only in the event of a total theft of a "covered auto". No additional deductible applies to this coverage. XV. PHYSICAL DAMAGE DEDUCTIBLE — VEHICLE TRACKING SYSTEM SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the "Declarations" will be reduced by 50% for any "loss" caused by theft if the "covered auto" is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of that "covered auto" by the "insured" or law enforcement. XVI. CHAINS, TARPS, AND BINDERS COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, C. Limits Of Insurance, the following is added: The most we will pay for the "loss" to chains, tarpaulins, binders, and cargo securing devices will be $500. The chains, tarpaulins, binders, or cargo securing devices must be in or on the "covered auto" at the time of "loss". Copyright 2023 Mercury Insurance Services, LLC. All rights reserved. MCA CABE 08 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV — BUSINESSS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, the following is added: We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. MCA04440913 IN: 11-34ZIBiel *14►yi14ZIIM:/_1Z[*10:I:8as] I[WM»:F_V*8:7:F_1III COCA :741111114WA BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Section II - Liability Coverage, Paragraph A.I. Who Is An Insured Provision: Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. MCA20480711 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 79 (Ed. 0 1 -13) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement is $ 250. Schedule Person or Organization Where required by contract or written agreement prior to loss and allowed by law. Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Issued by Ohio Security Insurance Company 19291 For attachment to Policy No. XWS (26) 59 32 84 73 Issued to PROFESSIONAL SPORTS FIELD MAINTENANCE, INC WC 99 06 79 (Ed. 01-13) Effective Date 10/30/2025 Premium $248.00 © 2013 Liberty Mutual Insurance Includes copyrighted material of WCIRB, with its permission. 12/10/2025 XWS (26) 59 32 84 73 Page 12 of 12