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HomeMy WebLinkAboutNV5, INC - A-2020-076-01INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 511 /Lot I CLERK OF COUNCIL DATE: Al A-2020-076-01 Q Wa (I Yvay VJStl GREEMENT TO PROVIDE ON -CALL WATER RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES 3 THIS AGREEMENT is made and entered into this 2lst day of April, 2020 by and between NV5, Inc. ("Contractor'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). rn N N RECITALS 0 A. On October 29, 2019, the City issued Request for Proposal No. 19-118, by which it sought qualified contractors to provide on -call water resources construction management and inspection services for the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 19-118. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 On an as -needed basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 19-118 and that is attached as Exhibit A, and as further delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two contractors selected to provide services on an as -needed basis under RFP No. 19-118. The total compensation for services provided by all contractors selected under RFP No. 19-118 shall not exceed the shared aggregate amount of $2,000,000 during the term of this agreement, including any extension periods. 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. Payment need not be made for work which fails to meet the standards of Page I of 8 performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on April 21, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one (1) additional term of two (2) years upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Page 2 of 8 Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in frill force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. Page 3 of 8 (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement Such termination shall not affect Contractor's right to be paid f'or its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's'fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. Page 4 of 8 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information' shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana Page 5 of 8 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: NV5, Inc. 163 Technology Drive, Suite 100 Irvine, CA 92618 Fax 949-409-8182 Attn: Luanne Bean, PE, Senior Construction Manager for Water/Wastewater 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 be, en 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without Page 6 of 8 the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. 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. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. 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. Page 7 of 8 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ems' �`�1, •spy APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Acting Executive Director Public Works Agency CITY OF SANTA ANA Kr Stine Ridge City Manager CONTRACTOR 411 � - J ey A Cooper, PE irector of Infrastructure Page 8 of 8 EXHIBIT A Appendix ATTACHMENT I SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER RESOURCES CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES RFP NO.: 19-118 Introduction / Background The City of Santa Ana intends to retain qualified professional consultant(s) on an as -needed or "on -call" basis to provide construction management and inspection services. A Professional Services Agreement will be entered into with several of the qualified consultant(s) to provide professional construction management services for a variety of capital improvement projects in the City. These services will be for a variety of Capital Improvement Projects (CIP) and Rehabilitation & Replacement (R&R) projects to meet the City's project schedule. A more detailed scope of services is listed in the section below. The City of Santa Ana plans, designs and manages all aspects of Capital Improvement Projects (CIP) and (R&R) delivery services. Some of the design work is accomplished thru engineering consulting services as part of on -call engineering services. Now, the City would like to incorporate qualified and capable consultants to assist in construction management and inspection services. All interested parties are required to submit proposals in accordance with the conditions and dates outlined on this request for proposal Scone of Services The selected consultant(s) are expected to provide professional construction management and inspection services for capital improvement projects and not limited to: • Project coordination, management, inspection and oversight • Project constructability review and assistance during design phase • Value Engineering • Consideration of life cycle costs • Bidding process review assistance and oversight • Public engagement and community meetings as necessary • Coordination with local agencies, utility companies and members of the public • Project budgeting, scheduling, cost accounting and reporting (with input from others as required) • Prepare monthly reporting for project construction status • Propose, develop and implement project quality assurance and quality control programs (QA/QC) • Prepare, review and process contractor's requests, payment and invoicing City of Santa Ana RFP 19-118 Page Al-1 • Review, evaluate and recommend budget cost analysis • Review, and recommend shop drawings for approval • Review approval of any specifications and permit requirements • Provide field conflict resolutions • Monitor, guide and advise the City for compliance with state, local and federal funding requirements. Prepare paperwork and compliance reports • Schedule, prepare agendas, conduct progress meetings, and minutes • Provide and prepare assistance with claim disputes, change order requests and associated construction project litigation • Maintain project files, records, and contact information related thereto. Use of PROCORE software is a requirement • Project closeout, including: post -construction debriefing meetings; contractor evaluations, file purging and archiving • Construction Inspection Services management and oversight • Project commissioning and or owner training • Any other items required for successful project execution The Construction manager is responsible for monitoring all the contractor(s) operations and compliance thereof including and not limited to their staff, and/or sub -consultants. The selected consultant(s) must have the expertise, experience, and demonstrated resources available to perform the work described in this RFP. Project Management, Equipment/Supplies: The consultant(s) services shall be in accordance with the provisions, guidelines and specifications detailed here in and not limited to professional standards established by the City, and or federal, state and local guidelines. The consultant(s) shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: • Project Management Plan- the consultant shall provide a detail management plan including information and coordination to ensure compliance and completion of the job order tasks • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant(s) shall submit the matter to the City for clarification. City Responsibilities: The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project City of Santa Ana RFP 19-118 Page Al-2 • All plan check coordination within the City Agencies • Provide as -built records and project information • Advertise, award, and administer of contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) if needed • Resolve all construction claims Fee Proposal: In addition to Section fV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this this documents. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a specific project or Task Order proposal is requested from the consultant(s). Other Terms and Conditions: 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. (If applicable) Consultants are advised to consider whether services to be performed include classifications subject to state or federal prevailing wage requirements. Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman or chairman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State prevailing wage information is available through the California Department of Industrial Relations website at htto://www.dir.ca.gov.dlsr/statistics research.html. Labor categories subject to prevailing wage requirements, when employed for any work on this project, are wholly the responsibility of the firm or individual named in any Professional Services Agreement approved by the City. City will not assume any responsibility for Consultant's failure to pay prevailing wages in accordance with State law. 2. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 3. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 4. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 5. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. City of Santa Ana RFP 19-118 Page Al-3 During the RFP stage, all firms will need to complete a "Certification of Non -Discrimination" for each firm on their team. 6. The City currently has a Community Workforce Agreement (CWA) in place. A knowledgeable consultant on these type of agreements and enforcement is highly desirable. 7. Independent Consultant(s). In accepting this contract, Consultant covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Consultant further covenants that, in the performance of this contract, no sub -consultant or person having such an interest shall be employed. Consultant certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of City. It is expressly agreed by Consultant that in the performance of the services required under this contract, Consultant, and any of its sub -consultants or employees, shall at times be considered independent consultants and not agents of City. Sub -consultants: The Consultant(s) shall be able to assist the City throughout this contract to provide the necessary services described herein. The consultant(s) shall utilize in-house and/or sub -consultants) to complete the assignments. For specialized work for which the prime consultant will require a sub - consultant, the prime will serve as the administrative liaison between the City and the sub - consultant. The prime consultant mark-up for sub -consultant work shall not exceed 10%. • Consultant agrees to bind every sub -consultants to the terms of the Agreement Documents as far as such terms are applicable to sub -consultant's portion of the work. Consultant shall be as fully responsible to the City for the acts and omissions of its sub - consultants and of persons either directly or indirectly employed by its sub -consultants, as Consultant is for acts and omissions of persons directly employed by Consultant. Nothing contained in these Agreement Documents shall create any contractual relationship between any sub -consultants and the City. • The City reserves the right to approve all sub -consultants. The City's Approval of any sub -consultant under this Agreement shall not in any way relieve Consultant of its obligations in the Agreement Documents. Manuals/Standards: All construction work shall be performed and in accordance with all the procedures and standards as applicable and described in the construction plans and contract specifications, standard provisions and any local, state and federal requirements, and any other agencies involved. It is the responsibility of the consultant(s) to verify that all the design guidelines and specifications comply with described documents. City of Santa Ana RFP 19-118 Page Al-4 EXHIBIT B 0 ANAL f 5 PROPOSAL Submitted by NVS, Inc. 163 Technology Drive, Suite 100, Irvine, CA 92618 City of Santa Ana Water Resources Construction Management & Inspection Services — RFP No. 19-118 JANUARY 7. 2020 Cover Letter Contract Agreement Statement Firm and Team Experience Understanding of Need Relevant Project Experience References Scope of Services and Schedule Fee Proposal APPENDIX Non -Collusion Affidavit Non -Lobbying Certification Non -Discrimination Certification Resumes 01 01 02 05 08 12 13 Separate Cost File PN: P27019-0008318.00 January 7, 2020 City of Santa Ana Attn: Rudy Ross, Project Manager 20 Civic Center Plaza Santa Ana, CA 92701 N'Vi5 SUBJECT: Water Resources Construction Management and Inspection Services — RFP No. 19-118 Dear Mr. Ross, NV5, Inc. is excited to have the opportunity to provide Construction Management and Inspection Services to the City of Santa Ana (City). Our team has the knowledge and experience to ensure your projects are completed on schedule and within budget. NV5's strengths include the following: Current Partnership: Our extensive experience and strong existing relationship with the City gives us the ability to continue providing construction support services for your projects. We operate with a working knowledge of your staff, processes and environment, enabling us to provide outstanding cost- and time -efficient services. Our partnership with the City has seen the completion of a myriad of projects. Specifically, our team has provided professional services for the following projects: • Santa Ana -Delhi Channel Diversion — Construction Inspection Services • Bristol Street Water Main Improvements — Engineering Design Services Flower St., 17th St. and Greenleaf St. Sewer Main Imp. — Engineering Design Services Old Grand St., Santa Clara Ave. and Wright St. Sewer Main Imp. — Engineering Design Services Relevant Experience: We believe that past experience and success are key indicators of future performance. We are committed to providing high -quality service and believe that commitment is one reason why more than 90 percent of our work comes from repeat clients — an obvious indicator of client satisfaction. Our team is currently providing similar On -Call Construction Management Services to dozens of cities throughout Orange County and Southern California. Proposed Team: Understanding the both the needs of the City and the Scope of Services, NV5 has assembled a team of high-level construction professionals that will be made available to the City upon request. Our team will be led by Luanne Bean, PE, who has more than 20 years of experience and has both managed and delivered a variety of public works projects with a focus in water/wastewater. Working with a variety of agencies, she is thoroughly familiar with local, state and federal procedures and will be the main point of contact for City officials. Contract Agreement Statement: NV5 concurs with all provisions as contained in the Sample Agreement. Proposal Validity: This proposal has been signed by Jeffrey M. Cooper, PE, who is a company officer authorized to legally bind the firm. NV5 looks forward to the opportunity to work with the City and help you achieve your goals and objectives. If you need further information, we may be reached by phone at (949) 585-0477, or electronically at luanne.bean@nv5. com and jeff.cooper@nv5.com. Thank you for your time and consideration. Sincerely, NV5 tuanne Bean, PE Senior Construction Manager for Water/Wastewater Je re y M. Cooper, PE Di ector of Infrastructure (Authorized Signer) 163 Technology Drive, Suite 100 Irvine, CA 92618 www.nv5.com Office: 949.585.0477 Fax: 949.409.8182 FIRM PROFILE NV5, Inc. has been providing engineering and consulting services to public and private sectors for more than 69 years, delivering solutions through five business verticals: Construction Quality Assurance, Infrastructure, Energy, Program Management, and Environmental. With more than 100 offices nationwide and abroad, NV5 has access to over 2,000 employees in a variety of fields who help clients plan, design, build, test, certify, and operate projects that improve the communities where we live and work. Our Irvine office specializes in the engineering design, construction management and inspection of capital improvement projects, including: water and wastewater systems, drainage and flood control, streets, traffic systems, parks and recreational facilities, vertical construction, and landscaping and grading. Our team includes licensed civil engineers, licensed contractors, construction managers, certified inspectors and experienced public works professionals. All team members have extensive experience working within the structure of municipal government and public construction policy and will seamlessly integrate with the City's team. KEY SERVICES The successful delivery of our products and services has resulted in repeat clients for a broad range of municipal projects. Our key services include: M CIVIL ENGINEERING DESIGN to CONSTRUCTION MANAGEMENT +INSPECTION ®DESIGN OF NEW+ UPGRADES TO EXISTING WATER+ WASTEWATER FACILITIES A ® PLAN CHECK/REVIEW DESIGN OF DRAINAGE IMPROVEMENTS CIP BUDGET MANAGEMENT t� WATER SYSTEM ANALYSIS ANDASSESSMENT STAFF AUGMENTATION ®WATER M QUALITY+ TREATMENT SERVICES PROJECT MANAGEMENT EXISTING FACILITY EVALUATION +MAINTENANCE ® GRANTS + FEDERAL FUNDING MANAGEMENT ® GIS SUPPORT �- PUBLIC OUTREACH ON -CALL EXPERIENCE NV5 has numerous on -call construction management and inspection contracts with several agencies throughout Southern California. Below is a sampling of some of our current on -call contracts. City ofAliso Viejo • On -Call Construction Inspection Services City of Azusa City of Azusa, Light & Water Department City of Bellflower • On -Call Construction Management and Inspection Services • On -Call Professional Engineering and Construction Management Services • On -Call Construction Management and Inspection Services City of Commerce • On -Call Construction Management and Inspection Services City of El Segundo • On -Call Inspection Services for Water Pipeline Replacement Projects City of Fontana • On -Call Construction Management and Inspection Services City of Glendale • On -Call Construction Management and Inspection Services City of Irvine • On -Call Project Management and Construction Management Services City of Laguna Beach • On -Call Program/Construction Management and Inspection Services City of Laguna Hills • On -Call Civil Engineering, Project Management and Support Services City of Laguna Niguel • On -Call Public Works Inspection Services City of Newport Beach • On -Call Staff Augmentation for Public Works Department and Utility Permit Inspection Services and Construction Administration City of Norwalk • On -Call Construction Inspection Services City of Oceanside • On -Call Construction Management Services City of Pasadena • On -Call Construction Management and Inspection Services City of Placentia • On -Call Contract Administration and Construction Inspection Services City of Pomona • On -Call Civil Construction Inspection City of Rancho Palos Verdes • Capital Projects Engineering & Construction/Management Oversight Services City of Santa Monica • On -Call Construction Management Services City of Seal Beach • On -Call Professional Inspection Services City of South Gate • As -Needed Project Management and Staff Augmentation Services City of Stanton • On -Call Construction Management and Inspection Services City of West Covina • As -Needed Construction Management, Inspection and Related Services Irvine Ranch Water District • As -Needed Design and Construction Inspection Services Long Beach Water • On -Call Construction Management and Inspection Services Department SUBCONSULTANT NV5 Project Manager Luanne Bean, PE, will lead our team and act as the main point -of -contact for City officials. NV5 will enlist the following subconsultant, shown below, to assure all requirements of the project are completed by an expert in the field and finished in a timely and cost-effective manner. Pacific Resources Services (PRS), a California public benefit corporation, provides California and federal Davis -Bacon prevailing wage monitoring and enforcement PACIFIC RESOURCES services to cities, counties, water districts, school districts, housing authorities, special s E R v I C E s districts, contractor and individuals. In addition to providing labor compliance services, PRS negotiates and manages project labor agreements, implements and administers local hire programs including hiring Veterans, develops and implements disadvantaged and small business outreach programs, and performs community relations activities for construction programs. ORGANIZATION CHART Our team of experts bring direct, relevant, successful and current experience working on projects of similar scope and complexity. We are equipped with the resources to provide the City with the requested Construction Management and Inspection Services. Shown below are team roles and responsibilities. Resumes, along with availability percentages, for all proposed staff members can be found in the Appendix. Jeffrey M. Cooper, PE CONSTRUCTION ADMINISTRATION Luanne Bean, PE Luanne Bean, PE Peter Salgado, PE David Maher, PE, QSD/QSP Pedram Abbassi, LEED AP BD+C, QSP, CESSWI Craig Wheeler David Ledyard Mike Helma, LEED AP Matt Greer Ray Famaghi, LEED GA James Remus Daniel Warren Salvador Sanchez Carlos Barrios Peter Salgado, PE ELECTRICAL Bruce Boyer Victor Gruber STRUCTURAL Devan Dagley, PE, QSD/QSP Eric Rodriguez, PE, IE PRS* Benjamin Ocasio Rebecca Cole Gabriela Dow SUBCONSULTANT UNDERSTANDING OF NEED NV5 is a well -established construction management and engineering design firm with extensive experience in the City. In particular, we have a great track record helping public agencies and municipalities achieve their Capital Improvement Program goals through our effective on -call support methods. Our approach to construction support services is centered on our established policy of consistent and effective employee oversight. The project manager will closely monitor projects to verify that our construction managers and inspectors are performing within the guidelines of our established management and inspection procedures, which are patterned after the Caltrans Construction Manual. NV5 takes this a step further by formulating and implementing a proactive public relations program and a concerted effort to identify previously unforeseen potential claims. COMMUNICATION Our project manager will be in constant communication with the assigned construction services staff. The project manager will emphasize the need to maintain an orderly and complete project file in conformance with the Caltrans Construction Manual. This is the basis for our standard filing and general communication and correspondence procedures. These expectations are well-known by our staff, and routine contact provides verification of conformance. Although our assigned construction support team will work directly with City personnel, all construction managers and/or inspectors are required to communicate with our project manager about any extraordinary circumstances, such as potential claims and issues affecting schedule or budget. This helps to assure that such problems are dealt with immediately and before any delay or cost issue impacts the project. In some cases, the project manager will consult with our in-house civil engineers to gain a more in-depth perspective on the situation and develop soundly engineered solutions to these specific problems. SCHEDULE CONTROL Our construction support services team gives considerable attention to monitoring project schedules. We will coordinate, review and make recommendations for changes to the Critical Path Method (CPM) schedule generated by the contractor. As changes or discrepancies occur between the CPM schedule and as -built conditions, the project schedule and cost estimates will be updated. We will review the contractor's schedule on a weekly basis and will maintain an as-built/working schedule to reflect as - built conditions to date. COST CONTROL AND REPORTING Cost control is a key element to successfully delivering a project and must be thoroughly integrated with other control methods (scope change control, schedule control and quality control) to assure that the City receives full value for all funds earmarked for the project. Key elements of our cost control program include establishment and maintenance of a project budget; value engineering and constructability reviews of project plans and specifications; sufficient vetting of owner -requested or contractor -generated changes; thorough review and evaluation of change order cost proposals; close monitoring of force account work; and regular maintenance of a change order log. NV5 provides a monthly status report that includes work accomplished during the reporting period, work to be completed during the next reporting period, budget and schedule status, potential out -of -scope items, and a summary of issues and concerns pending resolution. BEST MANAGEMENT PRACTICES Our construction support services team is well - versed in National Pollutant Discharge Elimination System (NPDES) requirements and experienced in implementing best management practices. We will monitor the implementation, maintenance and any required modification of the approved Stormwater Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP). In the event that the project specifications for developing the SWPPP or WQMP are inadequate and cannot support the project needs or meet current NPDES requirements, we will work closely with the design consultants to incorporate the required provisions into the project specifications to meet these goals. In addition, our team includes Qualified SWPPP Developers and Qualified SWPPP Practitioners. MOBILITY Each member of our construction support services team has access to a mobile office that includes a laptop, internet/email access, mobile phone, mobile project files, digital cameras and other required materials. Our team members are always available via mobile phone and email for easy access and continuous communication. Il�_1 �L•1�9�[�l_i i[�]PI As specified in the RFP, NV5 will use PROCORE software to maintain project files, and in addition, we offer our proprietary application which is a user- friendly, iPad application used by our inspectors to generate reports, including daily inspection photos. Our inspectors have all been issued an iPad device. The application guides our inspectors, step-by-step to complete and fill out appropriate sections of their daily reports. The application is specially designed to automatically populate weather and site conditions based on the device's GPS location. Drop -down menus for equipment and labor classifications also have been built into the application to assist inspectors in completing and fully accounting for their site observations. There is also a prompt feature that notifies the inspector when any portion of the report is not complete. Daily photos can be taken through the application and will automatically attach to the report. Basic, common information will be carried over from previous days' reports in order to save time filling out a new report each day on a jobsite. Once reports are uploaded, have been signed, and saved, a PDF version will automatically be uploaded to the NV5 server. A supervisor can approve and finalize the report and request corrections. This application is one of many ways we are working to get the most accurate and timely information to the City. CUSTOMER SERVICE AND PUBLIC OUTREACH Our first line of customer service comes from our inspectors. Our inspectors know the value of maintaining great relations with residents, business owners and anyone affected by a project, and they have proven to be a valuable resource in appeasing public concerns and resolving field issues. An effective and informative public outreach program that informs all affected residents, property owners and motorists about construction impacts and possible traffic delays is critical to the success of any project. If the City desires, NV5, as a part of its construction support services, can establish a 24-hour toll -free project hotline. We also can create a recorded message that includes project information and updates and gives callers the option to leave messages. All messages will be responded to within 24 hours. Other key elements of our public outreach program include: • Verbal and written notifications • Informational flyers about the project • Advanced written notices about upcoming work • Verbal communication follow-up to ease public concerns, enabling residents and business to prepare for any anticipated impacts We provided similar services to the City of Santa Monica, where we resurfaced a very busy and politically visible section of Montana Avenue. The resurfacing was performed at night to reduce impacts to the businesses, but there was still a major concern with noise impacts for the residential neighborhoods lining the side streets. Our construction inspection team worked closely with the City and the contractor to distribute information flyers to the adjacent residents as well as provide door-to-door services to speak with the residents to offer information and answer questions about the work. This approach kept the complaints to a minimum. Residents voiced their appreciation to the construction support team for providing advanced notification and information. �� yy os" -S by 4.3 • E' ppE ..��ES • yrco � QA/QC APPROACH To assure compliance with the plans and specifications, we will implement a comprehensive quality assurance and quality control (QA/QC) program involving the following steps: • We will perform a thorough review of the contract documents. This responsibility will include the following tasks: o Checking plans and specifications against requirements that have been associated with issues that occurred on similar jobs. o Comparing existing elevations, grades and details, etc., shown on plans with those at the actual site. o Reporting all errors, omissions and deficiencies, etc., to the City and engineering design team. o Keeping a marked -up set of plans and specifications for quick reference. o Anticipating the contractor's operations by reviewing the plans and specifications for each one before it begins. • Before start of construction, we will discuss with the contractor the definable features of work to assure that documentation is complete, materials are on hand and those who are to perform the work understand the scope in its entirety. • At the onset of the work, we will perform an initial inspection to determine whether the contractor thoroughly understands and is capable of accomplishing the work as specified. • We will assure that the contractor has an established safety program and that regular safety meetings are conducted. We also will assure that the contractor meets all OSHA safety requirements. • The construction inspector will perform follow- up inspections on a daily basis for the purpose of ensuring that the controls established during the initial inspection continue to provide work that conforms to the contract requirements and all applicable standards. Unsatisfactory workmanship, materials and construction deficiencies will be documented and reported for future identification and traceability. Notices of non-compliance will be issued to the contractor, and corrective and preventive action will be taken to assure compliance with the contract documents. We will conduct a monthly review of the as -built drawings and assure that all items are considered in the changes of the record drawings, including: o The size, type and location of existing and new utility lines. o The layout and schematic drawings of electrical circuits and piping. o Verification of alignment and cross sections. o Changes in the location of equipment, etc. Finally, we will review and approve the as -built drawings to complete the project turnover and begin the warranty period. AS -NEEDED CONSTRUCTION INSPECTION SERVICES IRVINE RANCH WATER DISTRICT I IRVINE, CA Our team currently provides the Irvine Ranch Water District with as -needed design and construction inspection services. Currently, we are providing two full-time construction inspectors responsible for performing inspections on capital and subdivision construction projects, including sewer, water and recycled water pipelines; pumping stations; pressure - reducing stations; sewage lift stations; treatment plants; reservoirs; and other facilities. Additionally, we are providing full design services on a per project basis for all types of water, recycled water and wastewater capital improvements. DATES: FEBRUARY 2015-CURRENT REFERENCE: BELLY LEW. ENGINEERING MANAGER. 949,453.5586 ARANTINE HILLS SEWER AND WATER INFRASTRUCTURE CITY OF CORONA I CORONA, CA Our team provided construction management and inspection services for the $14.7M three-phase Arantine Hills sewer and water improvement projects to provide the necessary infrastructure for the Arantine Hills Development Project. A major rerouting of the City's water distribution system for nearly a mile, including service connections, was part of this project. The project involved the construction of a buried cast - in -place sewer lift station with above -grade controls. This was connected to a second project to construct the sewer force main. DATES: AUGUST 2017-FEBRUARY 2019 REFERENCE: VERNON WEISMAN. DISTRICT ENGINEER. 951.739.4912 LONG BEACH WATER DEPARTMENT EMERGENCY PROJECT LONG BEACH WATER DEPARTMENT I LONG BEACH, CA Our team provided Construction Management and Inspection Services for the completion of an emergency project for the Long Beach Water Department. The project provided LBWD a connection to the Los Angeles County Sanitation District's (LACSD) reclaimed water pipeline. Work involved construction of additional 25-foot-deep shoring within 5 feet of the operational LACSD operational plant. Managing high groundwater along with keeping the existing plant operational during construction were just a few of the important construction missions to be accomplished. DATES: DECEMBER 2018-APRIL 2019 REFERENCE: ABELARDO RENDON, MANAGER OF ENGINEERING. 562.570,2341 WATER LINE REPLACEMENT CITY OF MANHATTAN BEACH I MANHATTAN BEACH, CA Our team provided construction management and inspection services for the citywide replacement of old and/or undersized water mains and associated valves to reduce the risk of main breaks and enhance fire suppression flows. New 6-inch ductile iron pipes replaced a total of 10,261 LF of existing water mains. Work also included the installation of five new fire hydrants, reconnection of four existing fire hydrants and the installation of 2-inch water blow -off assemblies at four sewer pump stations. The project also included trench restoration, roadway resurfacing and reconstruction, and traffic signage and striping. DATES: SEPTEMBER 2015-APRIL 2016 REFERENCE: PREiNI KUMAR. CITY ENGINEER. 310.802.5352 DIVERSION PIPELINE CITY OF CULVER CITY I CULVER CITY, CA Our team is currently providing construction management and inspection services for the construction of diversion sewer pipes to abandon Mesmer and Overland Sewer Pump Stations. The goal of the project is to divert flows from four of the City's sewer pump stations to a new sewage pump station, Bankfield Station, which is another project for which NV5 is providing construction management and inspection services during construction. DATES: MARCH 2019-CURRENT REFERENCE: HONG WANG. SENIOR CIVIL ENGINEER. 310,253.5604 SGVMWD INTERCONNECT AND SITE IMPROVEMENTS AZUSA LIGHT & WATER I AZUSA, CA NV5 provided construction inspection services for this pipeline interconnection project. The new interconnection pipeline and site improvements were constructed near the Hsu -Canyon Water Treatment Plant at North San Gabriel Avenue (Highway 39) and Ranch Road, north of Sierra Madre Avenue. DATES: MAY 2018 OCTOBER 2018 REFERENCE: AMMAR TOHMEH. WATER ENGINEERING ASSOCIATE. 626.812.5063 SEWER REHABILITATION CITY OF VILLA PARK I VILLA PARK, CA Our team provided Construction Management and Inspection services for the FY 17-18 Sewer Rehabilitation Project. The project included removal and replacement of selected sections of 8-inch VCP sewer; spot repairs; CIPP relining; installation of a 48-inch sewer manhole; removing and replacing an existing sewer cleanout; reconnecting an existing sewer lateral; restoration of curb, landscaping and irrigation, traffic striping and markings; and installing a sewer bypass pumping system. DATES: AUGUST 2018-DECEMBER 2018 REFERENCE: STEVE FRANKS. CITY MANAGER. 714.998.1500 COMPTON BOULEVARD AND WILMINGTON AVENUE SEWER REPLACEMENTS CITY OF COMPTON I COMPTON, CA Our team provided construction management and inspection services for this sewer rehabilitation project. The project consisted of a combined total of 5,700 LF of new construction of 10-inch, 12-inch and 15-inch VCP sewer main lines; new construction of 10-inch, 12-inch and 16-inch Ductile Iron sewer main lines; in -place reconnection for 60 service laterals; the restoration of the appurtenances associated with the sewer main construction; constructing 30 new sewer manholes; reconstruct two existing sewer main line connections to Los Angeles County__ , Sanitation District sewer trunk main; and other associated work. DATES: JUNE 2016-MARCH 2O17 REFERENCE: JOHN STRICKLAND, PROJECT MANAGER. 310.605.5505 REDUNDANT DISTRIBUTION SYSTEM MONITORING, RESERVOIR 1 & 2 PUMP STATIONS MESA WATER DISTRICT NV5 is providing construction management and inspection services for the Redundant System Monitoring at Reservoir 1 and Reservoir 2 Pump Stations. The new system is designed to provide better level monitoring and SCADA control at the two reservoirs. The two reservoirs work together and operate on a single -pressure zone. The project involves tapping each of the 36-inch CMLC pipelines in the pump room of the reservoirs and installing a total of about 200 feet of conduit. These will enable the replacement of the existing pressure instrument with a new pressure -indicating transmitter. DATES: JULY 2018-JUNE 2019 REFERENCE: KARYN IGAR. SENIOR CIVIL ENGINEER, 949.207.5452 SANTA ANA STATION REFURBISHMENT MESA WATER DISTRICT NV5 is providing construction management and inspection services for the Santa Ana Station Refurbishment project, which requires three 16-inch valves to be replaced. MWD is installing upgraded controls to plug valve actuators, changing out the controls to clay valves, and changing the pressure - relief system, which will put the valve outside to a new pre-fab overflow vault to replace the existing one. In addition, a new driveway approach and parking pad will be constructed and coordinated with the City of Costa Mesa. DATES: APRIL 2018-2019 REFERENCE: MARK PELKA. SENIOR CIVIL ENGINEER. 949.207.5451 BANKFIELD SEWAGE PUMP STATION CITY OF CULVER CITY I CULVER CITY, CA NV5 is providing construction management and inspection for this project. The new pump station will receive diverted flows from two existing pump stations once construction is complete, and possibly diverted flows from two more pump stations at a later date and will have a 10-foot-by-20-foot sewage wet well that is 35 feet deep, constructed in groundwater with watertight shoring. There will be two submersible pumps, a flow meter vault, a valve vault, a bypass vault for the two force mains, and an emergency diesel -fueled backup electrical generator. There also will be a 25-foot-by-20-foot building to house instrumentation and SCADA systems, a bathroom and electrical components. DATES: OCTOBER 2018-CURRENT REFERENCE: HONG WANG. SENIOR CIVIL ENGINEER. 310.253.5604 EDGEWATER LIFT STATION UPGRADES CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Our team provided construction management and inspection services for the replacement of the Edgewater Sewer Lift Station. The project consisted of the abandonment and demolition of an existing sewer lift station and construction and installation of a new 1,000 gpm submersible sewer lift station and force main. The project also includes installation of new gravity sewer, storm drain, water main, and curb, gutter, sidewalk, and AC pavement construction. DATES: OCTOBER 2017-AUGUST 2018 REFERENCE: I('W[ GRIFFIN. CONTRACTS ADMINISTRATOR. 714.375.5011 REFERENCES Provided below are references of clients for whom Construction Management and Inspection Services have been performed in the last five (5) years that are comparable in quality and scope to that specified in this RFP. kl) L14 Irvine Ranch WATER DIS TR I C7 IRVINE RANCH WATER DISTRICT Kelly Lew Engineering Manager 949.453.5586 lew@irwd.com Service Provided: As -Needed Construction Inspection Services for various water/wastewater projects. CITY OF CULVER CITY Hong Wang Senior Civil Engineer 310.253.5604 hong.wang@culvercity.org Service Provided: Construction Management & Inspection Services for the Bankfield Sewage Pump Station and Diversion Pipeline projects. rill Long Beach Water LONG BEACH WATER DEPARTMENT Abelardo Rendon Manager of Engineering 562.570.2341 abelardo.rendon@lbwater.org Service Provided: Construction Management & Inspection Services for the Long Beach Water Department Emergency project. SCOPE OF SERVICES NV5 agrees to the scope of services as included in the RFP, and in addition we can provide the following services: I. PROJECT START-UP, COORDINATION & ORIENTATION PHASE This phase is essential to establishing communications, setting protocols, and building the procedural framework for the project. In particular, we establish communications between the project team, including the construction management team, City staff, the engineering design team, the contractor, utility companies, and other interested parties, to the resolution of construction issues. Our pre - construction services can include: • Review funding with the City to affirm the special requirements affecting the work, and identify accounting and reporting requirements that will be followed. • Develop a project specific management plan that outlines the procedures for all team communications, reporting, review and approval of critical submittals, protocol for weekly meetings, distribution of documentation, change order procedures, and other necessary procedures in order to streamline the project. Assure buy -in from all project members prior to the start of construction. • Establish and assure implementation of a coordination plan to coordinate work (e.g. utility facility relocations) and work impact (e.g. traffic and access) with all affected agencies including utilities, police and fire departments, home owner associations, and special districts. • Prepare a master project schedule and follow up with contractor on a regular basis to make sure completion is within the scheduled time. Assure that each member of our project team will have access to a mobile office which includes a laptop, internette-mail access, mobile phone, mobile project files, digital cameras and other required materials. Our construction managers and inspectors are always available via mobile phone for easy access and continuous communication. II. CONSTRUCTION PHASE NV5 will focus on the daily tasks that are required to assure the contractor is executing the work according to the accepted CPM baseline schedule, the budget is maintained, and the City is informed and involved on all decisions and aspects as the project is delivered. Timing is critical, and expedient managerial procedures will be a key factor for staying on schedule and within budget. Our construction phase services can include: • Facilitate a pre -construction meeting to cover, at a minimum, the overall project objectives, responsibilities of key personnel and agencies, schedules, schedule of values, submittal procedures, correspondence, utility relocations, local agency permit requirements, RFQ/ RFI processes, progress payments, change orders, safety issues, emergency response requirements, and all other pertinent topics. NV5 will provide opportunities to have the contractor's questions answered and will collect all of the required submittal items at that time. Meeting agendas and minutes will be prepared and distributed to all attendees. • Coordinate weekly progress meetings with City staff and the contractor to update the status of the project and discuss the schedule, near -term activities, clarifications and problems which need resolution, coordination with other contractors, change order/submittal/RFI status, safety issues, OSHA visits and citations, etc. Coordination shall also include preparation of agendas and meeting minutes. Meeting minutes will be distributed to the contractor and City staff for comments within three (3) days and the final and approved minutes within two working days of receipt of comments. • Immediately document and notify the City of any defects or hazardous conditions observed in the vicinity of the project site prior to, during, or after the construction work. • Provide project coordination for project control during the construction period by monitoring the contractor's work progress, personnel, equipment and materials to assure that adequate resources are available to meet the project schedule and that the contractor's work is in compliance with the contract documents. Coordination will include ensuring that City activities (such as bus routes, street sweeping and trash pick-up) and responsibilities are addressed and appropriately scheduled so as not to affect the progress of the work. • Require the contractor to maintain an updated set of drawings, specifications, addenda, bulletins, change orders, or other document updates at the jobsite. Updates shall incorporate modifications and changes from all sources such as submittals, RFIs, field orders, etc. • Process RFIs and assure timely distribution to and response by appropriate project team members (City staff, engineer, other agencies). Response to RFIs shall take no longer than seven (7) calendar days. We will coordinate all technical support and constructability reviews during preparation of responses to RFIs and maintain an RFI log to track closed and outstanding RFIs. • Assure an efficient submittal process, beginning with the contractor delivering a submittal schedule for review within 10 calendar days after the effective date of the construction contract. NV5 will provide technical support during review of the submittal schedule (and at a minimum weekly thereafter) to assure compliance with the contract documents and note any matters of concern to the City, such as potential impacts to schedule. We will monitor, process, and forward for approval all submittals and assure timely distribution to and review by appropriate project team members City staff, engineer, and other agencies). • Review and recommend for approval the contractor's CPM baseline schedule and, upon acceptance, adopt for the remainder of the project. Monitor work progress in accordance with this baseline schedule on a daily, weekly, monthly basis to assure the contractor maintains all milestone and critical -path dates. Indicated slippage will be addressed during the project meetings and written reports. • Review and respond to requests for design revisions by the contractor. Provide recommendations and forward all responses for approval to the City and/or design engineer prior to transmitting to the contractor. • Coordinate evaluation of and provide recommendations for "or -equal" or product substitution requests with the design engineer, City, vendors, manufacturers, and others. • Initiate and review field orders when a change in the work is needed to maintain the design intent. We will issue field orders to the contractor and monitor the work for compliance. Changes will be logged and recorded in the record specifications and plans. If required, we will follow-up with a change order within 14 calendar days of mutual agreement with the contractor on pricing and conditions. Receive, evaluate for reasonableness and cost effectiveness, negotiate, and recommend for approval any submitted change orders by applying knowledge of prevailing wage rates, material unit cost guide publications, quantity take -offs, or other measures required in order to substantiate and/or negotiate change orders. Maintain a change order log to track executed and potential change orders and monitor the amounts against the total construction contract. Develop a cost control system to monitor actual versus estimated costs, differences will be included in weekly status meetings. For authorized work, accounting records will be maintained using contract unit costs. For any additional work, accounting records will reflect actual costs of time and materials. Review contractor(s) Safety Program for compliance with City standards as well as any OSHA regulations. Recommend contractor(s) submit site -specific safety plans that identify the risks and liability arising from specific operations relating to the project. Maintain a safe working environment. All NV5 personnel will wear hard hats, safety vests, and rubber -soled shoes at all times while on -site. Create and maintain a daily account of all construction activities. Request, review, analyze, and use for reporting, the daily construction reports as generated by the contractor(s). This will be a vital source of information for identifying and reviewing potential delays, weather impacts, labor shortages, untimely deliveries of long lead items, and other factors that can lead to schedule and cost impacts. Adverse findings will be included in weekly status meetings. Review and forward for approval the contractor payment applications. Conduct the monthly "pencil draft" with the contractor to review the progress to date and verify that payment applications represent work in place and are in compliance with the accepted SOW and the requirements of the construction documents. Once the payment applications are reviewed and approved, and once we have verified that the contractor's record drawings are current, the construction schedule is updated, and weekly certified payroll reports are submitted, we will forward to the City for approval. INSPECTION Detailed and accurate quality control inspection of the contractor's work is required for successful project completion. Our inspector will discuss any appropriate revisions to the contractor's methods and coordinate with the City's project manager and inspector at all times that work is progressing. Our inspection services can include: Review and become familiar with all contract - and construction -related documents, including plans and specifications, traffic control plans, construction schedules, construction sequences and permitting requirements; present any concerns during pre -construction meeting. Attend subsequent progress meetings to maintain communication regarding issues or problems. For all projects, maintain correspondence file and copy all contractor communications to the City. Perform daily field and quality control inspections and measurements of the contractor's work, submittals, and construction materials to assure all conform to the contract documents, City codes and ordinances, "Greenbook" Standard Specifications, Manual of Traffic Controls for Construction and Maintenance Work Zones, Caltrans Construction Manual, and all other applicable codes and regulations. Health and safety measures will be strictly enforced to maintain a safe construction environment. Prepare daily reports detailing work completed and/or other activities for each day the contractor performs work. Daily reports will state at a minimum the date, weather conditions, traffic control measures taken, progression of work, materials used, and subcontractors, equipment and employees on site, and any major incidents/safety violations. We will also prepare reports of deviations and non-conformance to specifications and provide responses in accordance with the specification requirements. Notices of non-compliance will be immediately delivered to the contractor for any and all deviations. Perform weekly progress photos and a video survey at project initiation. We will perform and will require the contractor to perform, and will review for completeness and quality, the essential photographic logging as required in this project. Documentation will be used for monthly reporting to the City, updates for informational websites, and documentation for any potential claims by contractor. Photos and a video survey will also assure that the site is returned to its original condition at the end of the construction period. • Maintain a digital photo library of significant construction activities. We will take additional photos to document differing site conditions, change orders and claim items. We will incorporate the photos taken by others in the overall photo documentation record of the project. • Monitor utility coordination as set forth in pre - construction meeting reporting conflicts to the City and recommending course of action. • Assure compliance to coordination plan set forth in project start-up to mitigate construction impacts to business and residents, altering and revising coordination plan as project demands require. As part of the coordination plan, monitor site safety, public safety and convenience, reporting problems to the City. • Assure implementation of a traffic control plan that is in accordance with the latest "Work Area Traffic Control Handbook" (WATCH) manual requirements, the City's requirements, and the contract documents. • Assure compliance with funding requirements set forth in pre -construction phase, conducting field employee interviews as necessary and reporting resulting information to the City. Provide complete measurements and calculations to administer progress payments, assure contractors submit certified payroll reports, and make recommendation for payments. • Maintain a change order log to track executed and potential change orders and monitor the amounts against the total construction contract as well as times of dispute and notification, and action taken. • Compile detailed punch -lists with the City, consultants, and contractor. NV5 will conduct a preliminary walk-through with the contractor to assure there are no blatant issues and to generate a preliminary punch -list. After completion of the preliminary punch -list items, prepare the final punch list and coordinate with contractor for item completion. All punch -lists generated will include schedules for completion. Upon project completion, conduct final inspection, close-out permits including encroachment and construction/excavation, and prepare and submit as -built plans to the City. III. POST -CONSTRUCTION PHASE NV5 is committed to executing an expedient close- out schedule. We have had considerable success in outlining the requirements during the initial start of construction and monitoring progress on a monthly basis with milestones. Our philosophy on such projects is "close-out starts during pre -construction." Our efforts will begin at the outset to outline and anticipate all project close-out deliverables. Financial close-out is a critical activity and it is best to have the contractor negotiate final contract amounts once their subcontractors' scope of work is complete. Our post - construction phase services can include: • Document and provide the results of the work to the satisfaction of the City. This may include preparation of field and final reports, or similar evidence of attainment of the Agreement objectives. • Compile detailed punch -lists with the City, consultants, and contractor. NV5 will conduct a preliminary walk-through with the contractor to assure there are no blatant issues and to generate a preliminary punch -list. After completion of the preliminary punch -list items, the project manager will conduct a punch -list walk-through with the consultants to generate a second punch -list, if required. After completion of the consultant's punch list items, the Project Manager will conduct the official punch -list walk- through with City staff and the engineer (and all subs if necessary) to generate the official and final punch list. All punch -lists generated will include schedules for completion. • In the event contractor claims arise, act on behalf of the City to review, evaluate, negotiate and recommend rejection/approval of such claims by our in-house expertise. All potential claims will be identified, logged, monitored and reported immediately to the City. Monitor the collection and completeness of the close-out packages for all components, and then turn in the final project records and documents to the City. • Investigate any claims for damages by private parties and respond in writing within two calendar days of receipt of claim. Responses will be coordinated with the City's project manager. • Advise the City when it is appropriate to file the notice to completion based on all expired time and other conditions required. • Review the contractor's final application for payment for completeness and forward to the City for approval. • Maintain all relevant records for a minimum three (3) years. Allow all authorized federal, state, county, and City officials access to all relevant contract records pertinent to these projects. E -1 Y Y _"•a LL� �s3 4 o- a Y m - . a_ § 6 E - a { yy € P P P P+: P P P P P P P P P Im m a a a d a C n 3� S �C _} N U Q Y (6 O N 7 U7 L U N N 0. W E J w N W '3 2 C� U) m APPENDIX Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in die proposed contract; that all statements contained in the bid are true: and, Further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Nate: The above Non -collusion Affidavit is pail of die Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subjee/ffie,certifier to criminal prosecution. Signed State of Calif is County ,q Subscribea d and sm om before me. Notary Public Signature (or affirmed) before me on this -1,9' day of Zk-„ 20a by proved to me on the basis of satisfactory evidence to be the person(s) who appeared Page A3-1 Notary Public Seal PA L CALIFORNIA JURAT WITH AFFJANT STATEMENT GOVERNMENT CODE S 8202 ❑ See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Sign re of Doc ment Signer No. 1 Signature of Document Signer No. 2 i7if any) A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of Califo County of s MABIAGNADAWPE MEnia _ Notary GUADALUPaliMEST Orange County CaMMMut,en n 2196245 My ComM. ra p , mz May 9, 2g21 ' Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this % � day of a)" . 20 19 . by Date Month Year (and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc Title or Type of Document: Document Document Date: y " 1 r,,20 II Number of Pages: --)— Signer(s t they Than Named Above: zr_zxxx;c�.x=c.�:s�c�c.�c�z:�c�;z>urc�-:cuacnercx%cx:cux:cx�x:cu,u>sc'r.cwz�.�c.u,�vrz,�c�cscst.cuxau.u."<z� 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or Iter knowledge and belief, that: I. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing orattempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities-. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm NV5, Inc. Signed and Printed Name _00/i lht - — Jeffrey M. Cooper, PE Title Director of Infr Date December 12, 2019 City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION! CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section. and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (l) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: A/C= Jeffrey M. Cooper, PE Title: irector of Infrastructure Firm: NV5, Inc. Date: December 12, 2019 City of Santa Ana RFP Page A3-4 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: L The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each tabor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section. and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules. regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: ''Pr1.,�rer g-Ai-r--- Firm:- lZ.2S�u/Gr as 4_2zW_0';WA t-'nr,�c R.a Prey Date: LJ City of Santa Ana RFP Page A3-4 CONTACT INFO LUANNE BEAN, PE luanne.bean@nv5.com 949.585.0477 Project Manager + Construction Manager EXPERIENCE Ms. Bean has more than 30 years of experience in the design and 30 years management of water and wastewater projects. Her technical skills include EDUCATION structural analysis and design, mechanical analysis, instrumentation and M.S. Civil Engineering control, the preparation of plans, specifications and cost estimates, as well as construction management. She has held various positions with many B.S. Civil Engineering public agencies, including the Long Beach Water Department, Victor Valley LICENSES Wastewater Reclamation Authority, Indio Water Authority, Metropolitan Water Civil Engineer (CA) District, and FEMA. Ms. Bean's technical experience includes large-scale No. 50129 public works projects for capital improvement programs, including construction oversight, contract administration, document control, cost and schedule REGISTRATIONS control, quality control, structural analysis, and design. FEMA OPS - I HAZMAT First Project Experience Responder/Operations .................................................................................................................................................................................... Level Arantine Hills Sewer and Water Infrastructure Projects DOT Offers of Bulk and CITY OF CORONA I CORONA, CA Non -Bulk HAZMAT Construction Manager. Ms. Bean oversaw the construction management Packages and inspection services for the $14.7M, three-phase Arantine Hills sewer Nuclear Waste Safety and water improvement projects to provide the necessary infrastructure for for Workers the Arantine Hills Development project. The project involved the construction of a buried cast -in -place sewer lift station with above -grade controls. This AVAILABILITY was connected to a second project to construct the sewer force main with 70% fused HDPE pipe via conventional open trench and trenchless jack -and -bore sewer construction along arterial streets and Caltrans ROW, forming 4 miles of pipeline. Relocation of 3,300 LF of potable water line also was required to install the new force mains. A third project managed simultaneously was the construction of the California Avenue Sewer at a depth of 25 feet below grade. All three projects were to be completed together for the final and finished sewer lift station to function. Upon completion of the projects, the City planned to decommission its Water Reclamation Facility No. 3. Coordination with developers was required for the construction of the sewer lift station within their property, and Caltrans was required along certain reaches of the pipeline construction for construction within their ROW. Group 12 CIPP Sewer Relining Program LONG BEACH WATER DEPARTMENT I LONG BEACH, CA Construction Manager. Ms. Bean was the Construction Manager for the Long Beach Water Department's Group 12 CIPP sewer relining program. This involved providing construction oversight and observation of LBWD's contractor to install almost 15,000 of 8-inch, 10-inch, and 12-inch cured - in -place sewer cleaning, pre -lining video, lining, and post -lining video. Point repairs and manhole rehabilitations also were undertaken. Once the installation of the CIPP began, Ms. Bean coordinated with the LBWD for N V 5 shutting off water services for the various residents and businesses along the sewer line routes. Once curing was completed, a post -lining video was run, followed by reinstallation of the laterals and top hat installation on select laterals. Long Beach Water Department Emergency Project LONG BEACH WATER DEPARTMENT I LONG BEACH, CA Construction Manager. Ms. Bean oversaw the construction management and inspection services for the completion of an emergency project for the Long Beach Water Department. The project provided LBWD a connection to the Los Angeles County Sanitation District's (LACSD) reclaimed water pipeline. While initially being constructed by a different contractor under the jurisdiction of LACSD, after construction was underway, LACSD's Contractor abandoned the project and LBWD agreed to take over the work. Work involved construction of additional 25-foot-deep shoring within 5 feet of the operational LACSD operational plant. Managing high groundwater along with keeping the existing plant operational during construction were just a few of the important construction missions to accomplish. Redundant Distribution System Monitoring at Reservoir 1 and Reservoir 2 Pump Stations MESA WATER DISTRICT I COSTA MESA, CA Construction Manager. Ms. Bean is overseeing the construction management and inspection services for the Redundant System Monitoring at Reservoir 1 and Reservoir 2 Pump Stations. The new system is designed to provide better level monitoring and SCADA control at the two reservoirs. The two reservoirs work together and operate on a single -pressure zone. The project involves tapping each of the 36-inch CMLC pipelines in the pump room of the reservoirs and installing a total of about 200 feet of conduit. These will enable the replacement of the existing pressure instrument with a new pressure -indicating transmitter. SGVMWD Interconnect and Site Improvements CITY OFAZUSA LIGHT AND WATER I AZUSA, CA Construction Manager. Ms. Bean is overseeing construction inspection services for the construction of an interconnection pipeline near the Hsu -Canyon Water Treatment Plant. The project includes installation of pipelines, complete with metering and pressure -reducing flow control; grading; site restoration; striping, street restoration; SCADA; SCADA integration for ALW and SGVMWD; and electrical work. The pipeline is approximately 22 LF of 18-inch Class 350 pipe and 14-inch and 18-inch schedule 40 cement mortar -lined and coated -steel pipe. Brinton Reservoir and Pipeline CITY OF BANNING I BANNING, CA Project Manager/Construction Manager. Ms. Bean was responsible for overseeing construction of the Brinton Reservoir and Pipeline, which consisted of the design of an 8-mg buried, cast -in -place concrete tank, 5,400 LF of 30-inch transmission main, and construction of these facilities. Through careful engineering, she saved the client approximately $3M on the bid price, bringing in the bids for $10.2M. From the beginning stages of the RFP, she pointed out to the client multiple issues that were critical to the success of this project, foremost that the proposed elevation of the tanks within the RFP were incorrect. Through additional surveying performed of the San Gorgonio water distribution system, she was able to confirm her intuition, that an elevation change of the proposed high-water level of the tank was required in order for this tank to float within the San Gorgonio Distribution Zone. As the Construction Manager, Ms. Bean's management ensured that the City was informed as to the project progress, and the contractor maintained schedule. This project was completed under Ms. Bean's management with minimal contractor -initiated change orders and monetary issues to the project. Edgewater Sewer Lift Station Replacement CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Construction Manager. Ms. Bean is overseeing the construction management and inspection services of the replacement of the Edgewater Sewer Lift Station. The project consists of the abandonment and demolition of an existing sewer lift station, and construction and installation of a new 1,000-gpm submersible sewage lift station and force main. The project also includes installation of new gravity sewer, storm drain, water main, and site restoration. The project is complicated with contaminated groundwater and deep excavations, requiring special shoring methods to control groundwater and limit settlement due to groundwater pumping. CONTACT INFO PETER SALGADO, PE 949.585.04 o@nv5.com Constructablllt Review + Construction Manager 949.585.0477 Y g EXPERIENCE With more than 20 years of experience, Mr. Salgado has managed and delivered 20 years a variety of public works projects, including street improvements, vertical EDUCATION construction and tenant improvements, parks and landscaping improvements, B.S. Civil Engineering and water, sewer and storm drain improvements. Working with a variety of LICENSES agencies, he is thoroughly familiar with local, state and federal procedures. Civil Engineer (CA) Project Experience No.63159............................................-........................................................_.........-------------------- - - AVAILABILITY Krum Reservoir and Pipeline Stabilization 40% CITY OF SAN JUAN CAPISTRANO I SAN JUAN CAPISTRANO, CA Project Manager. Mr. Salgado was responsible for overseeing the construction management and inspection team for this $5.41M project to stabilize an existing reservoir and pipeline impacted by the Avenida Placida Landslide. Scope of work included major remedial grading and the installation of caissons and tie -backs. The project was successfully completed with no major disruptions to the City's water service. Citywide Sewer Main Replacement CITY OF TORRANCE I TORRANCE, CA Construction Manager. Mr. Salgado managed the project that provided construction inspection services for this citywide sewer main improvement project. The project included rehabilitating the existing sewer system in various locations throughout the City. The scope of work included point repairs, removal and replacement, pipelining sections of sewer where damage was repaired by insertion of a plastic liner, thereby eliminating the need for trench excavation and minimizing public impacts. Where trench excavation was required, damaged sections of pipe were replaced with new vitrified clay pipe (VCP). SC04 Pipeline Project CITY OF SAN JUAN CAPISTRANO I SAN JUAN CAPISTRANO, CA Project Manager. Mr. Salgado was responsible for overseeing the construction management and inspection team for this $61M project. The project included 25,000 LF of 24-inch diameter welded steel water pipe to deliver water to the rapidly developing southeastern section of the City. A majority of the pipeline was constructed along existing ridgelines in the City's open space, which entailed deep trenching and two jack -and -bore operations totaling 900 feet in length. Shaw's Cove Lift Station Rehabilitation CITY OF LAGUNA BEACH I LAGUNA BEACH, CA Construction Manager. Mr. Salgado managed this $1.5M project that was to rehabilitate an existing sewer lift station. Improvements included construction of a new wet and dry well, installation of new pumps as well as new piping and valving, installation of a stand-by diesel generator, and construction of a new force main. The project also included trench restoration, roadway reconstruction and resurfacing, and traffic striping and signage. Specific issues included a construction site in a confined canyon adjacent to one of the City's popular recreation beaches. The confined area entailed complex excavation and shoring N V 5 activities to allow construction of the new wet and dry wells. The project was successfully completed without impacting beach access during construction. CONTACTINFO DAVID MAHER, PE, QSD/QSP david.maher@nv5.com er Construction Manager g .................................................................................................................................................................................... EXPERIENCE Mr. Maher has more than 14 years of experience with various capital 14 years improvement and utility projects. His qualifications include designing various EDUCATION water and wastewater projects, including mechanical, structural, civil B.S. Civil Engineering elements utilizing CAD software, and project coordination. He has both design and construction management experience with projects, such as sewage LICENSES/ treatment plants that included several types of buildings like above -ground CERTIFICATES and underground concrete tanks, precast concrete manholes, retaining walls, Civil Engineer (CA) administration buildings, and tankers discharge facilities. He has extensive No. 86136 real -world knowledge in the fields of construction superintendent experience, Qualified SWPPP project cost control, subcontracts management, scheduling and cost Developer estimation, plan checking, and permit coordination. Qualified SWPPP Project Experience Practitioner.................................................................................................................................................................................... AVAILABILITY Arantine Hills Sewer and Water Infrastructure Projects 40% CITY OF CORONA I CORONA, CA Assistant Construction Manager. Mr. Maher assisted the Construction Manager with the project management tasks of the $14.7M three-phase Arantine Hills sewer and water improvement projects to provide the necessary infrastructure for the Arantine Hills Development Project. The project involved the construction of a buried cast -in -place sewer lift station with above -grade controls. This was connected to a second project to construct the sewer force main with fused HDPE pipe via conventional open trench and trenchless jack - and -bore sewer construction along arterial streets and Caltrans ROW, forming 4 miles of pipeline. Relocation of 3,300 LF of potable water line also was required to install the new force mains. A third project managed simultaneously was the construction of the California Avenue Sewer at a depth of 25 feet below grade. SGVMWD Interconnect and Site Improvements CITY OF AZUSA LIGHT AND WATER I AZUSA, CA Assistant Construction Manager. Mr. Maher is assisting the Construction Manager with the project management tasks of the SGVMWD Interconnect and Site Improvements project. His role includes reviewing submittals, responding to RFIs, reviewing change orders, and coordinating with the Engineer, the City and other agencies as needed. The project consists of the construction of an interconnection pipeline, including approximately 18-inch class 350 ductile iron pipe, 14-inch and 18-inch schedule 40 CML&C steel pipe, including valves, connections, abandonments and appurtenances. Work also includes a 14-inch pressure -reducing and flow -control station, and site work that includes concrete vault replacement, pavement replacement, grading and traffic control. Paseo De Valencia Lift Station MOULTON NIGUEL WATER DISTRICT I LAGUNA HILLS, CA Project Engineer. Mr. Maher assisted with the preparation of plans, specifications and cost estimates and construction support to rehabilitate and upgrade the existing lift station by replacing the existing pumps and mechanical, electrical and associated equipment. Plans will include provisions V 5 for a future odor -control system in the new electrical equipment and for a portable generator plug-in connection and associated equipment. CONTACT INFO PEDRAM ABBASSI, LEED AP BD+C, QSP, CESSWI pedram.abbassi@nv5. er Construction Manager g 949.585.0477 .................................................................................................................................................................................... Mr. Abbassi has successfully completed several small- and large-scale public EXPERIENCE works improvements projects. His skills in the development of project control 17 years procedures and methodologies for cost and schedule control have been EDUCATION implemented on several recent large-scale projects. Mr. Abbassi has accrued B.S. Civil Engineering more than 17 years of construction industry experience, demonstrating his expertise in a range of responsibilities. He has served as a primary point LICENSES of contact between design team members, general contractors, and owner LEEDAP BD+C representatives. Qualified SWPPP Practitioner Project Experience Certified Erosion, Sediment and Storm .................................................................................................................................................................................... Walnut Pump Station Building Upgrades (Walnut Avenue at Flower Street) Water Inspector CITY OF SANTA ANA I SANTA ANA, CA Construction Manager. Mr. Abbassi acted as staff for the City of Santa Ana and AVAILABILITY oversaw the $6M upgrades of the Walnut Pump Station. This upgrade project 70% included the removal of existing piping, pumps, motors, and valves; demolition of existing 55-year-old masonry structures, including pump station electrical equipment, office and shop facilities, sand trap, carport, perimeter wall, and on -site paving; construction of a new enlarged 3,720-square-foot structure that housed pumps, new electrical equipment, office, and shop facilities; construction of 160-square-foot masonry storage building; construction of motorized valve vaults and appurtenant piping to automate startup sequence for three existing wells; re-routing of 24-inch DIP and CML&C piping around a new storage building with valve goose -neck structure and grated receiving manhole for well startup bypass water disposal; construction of new 8-foot-high perimeter masonry fence wall; construction of new 10-foot-high concrete tennis practice wall; construction of a motorized 8-foot-high by 16-foot-long wrought iron rolling gate; construction of 20-foot by 50-foot by 14-foot-high carport; improvements to retain and recharge stormwater; collapsible radio tower for SCADA purposes; installation of five vertical turbine water pumps; new electrical transformers; construction of new switchgear, motor control center, and well controls; replacement of site wiring and conduits; and regrading and paving of site to provide access to all new equipment, as well as a new streetscape in front of structure. Springdale Street Water Main Rehabilitation CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Construction Manager. This $6M project included improvements to a 36-inch and 42-inch steel water transmission main in Springdale Street and for the rehabilitation of Springdale Street from Warner Avenue to the north city limits. Algonquin Sewer Lift Station CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Construction Manager. Mr. Abbassi was responsible for this $1.3M sewer lift station project that included the abandonment and demolition of an existing V 5 sewer lift station, installation of a new sanitary sewer lift station, installation of an 8-inch sewer force main on Heil Avenue, the installation of a 12-inch sewer force main on Algonquin Street, asphalt paving and removal, restoration of existing public and private improvements, and all appurtenant work. CONTACTINFO NHAN LY nhan.949.5 5.0477com Construction Administration 949.585.0477 EXPERIENCE Mr. Ly has more than five years of experience working on various civil/ 5 years electrical engineering projects throughout California. His professional EDUCATION experience includes preparing construction plans, design services, and cost B.S. Civil Engineering estimates for various projects. He is proficient in AutoCAD, MicroStations, GIS, Ed Web Viewer, FAA, FFE/EES, SAP, Osmose O-Calc, JPA, and ProjectWise LICENSES/ technical software. Mr. Ly is also fluent in Vietnamese and possesses strong CERTIFICATES management and leadership skills. OCTA Certified: Portland Cement Concrete (PCC) Project Experience Distress Training OCTA Certified: Asphalt Long Beach Water Department Emergency Project Concrete (AC) Distress LONG BEACH WATER DEPARTMENT I LONG BEACH, CA Training Construction Administration. Mr. Ly assisted with construction administration AFFILIATIONS for the completion of an emergency project for the Long Beach Water American Society of Civil Department. The project provided LBWD a connection to the Los Angeles Engineers (ASCE) County Sanitation District's (LACSD) reclaimed water pipeline. While initially California Land being constructed by a different contractor under the jurisdiction of LACSD, after Surveyors Association construction was underway, LACSD's Contractor abandoned the project and (CLSA) LEWD agreed to take over the work. Work involved construction of additional 25-foot-deep shoring within 5 feet of the operational LACSD operational plant. AVAILABILITY 50% Arantine Hills Sewer and Water Infrastructure Projects CITY OF CORONA I CORONA, CA - Construction Administration. Mr. Ly assisted with construction administration for the $14.7M, three-phase Arantine Hills sewer and water improvement projects to provide the necessary infrastructure for the Arantine Hills Development Project. The project involved the construction of a buried cast - in -place sewer lift station with above -grade controls. This was connected to a second project to construct the sewer force main with fused HDPE pipe via conventional open trench and trenchless jack -and -bore sewer construction along arterial streets and Caltrans ROW, forming 4 miles of pipeline. Relocation of 3,300 LF of potable water line was also required to install the new force mains. A third project managed simultaneously was the construction of the California Avenue Sewer at a depth of 25 feet below grade. All three projects were to be completed together for the final and finished sewer lift station to function. Bankfield Sewage Pump Station CITY OF CULVER CITY I CULVER CITY, CA Construction Administration. Mr. Ly is assisting with construction administration for the construction of the Bankfield Sewage Pump Station. The new pump station will receive diverted flows from two existing pump stations once construction is complete, and possibly diverted flows from two more pump stations at a later date. The new pump station will have a 10-foot-by-20-foot sewage wet well that is 35 feet deep, constructed in groundwater with watertight shoring. There will be two submersible pumps, a flow meter vault, a valve vault, a bypass vault for the two force mains, and an emergency diesel -fueled backup N V 5 electrical generator. There also will be a 25-foot-by-20-foot building to house instrumentation and SCADA systems, a bathroom and electrical components. CONTACT INFO CRAIG M. WHEELER craig.wheeler@nv5.com 949.585.0477 Construction Inspector ....................................................................................................................................................... _... ........................ EXPERIENCE Mr. Wheeler has more than 30 years of experience in engineering and 30 years construction in both the public and private sectors. He is a licensed "A" EDUCATION General Engineering Contractor and has provided project management B.A. Philosophy and inspection services on a wide variety of public works projects, including street, traffic signal, street lighting, water, sewer, storm drain, and parks and LICENSES/ landscaping improvements. As a project manager and construction inspector, CERTIFICATES Mr. Wheeler's responsibilities include site observation and construction quality Licensed "A" General assurance and control, ensuring general site safety, preparing daily reports, Engineering Contractor photo documentation, monitoring SWPPP and BMP implementation, providing NASSCO-Certified daily updates to the City project manager, providing recommendations and Inspector (Pipeline, responses for contractor RFIs, assisting with submittal and shop drawing Lateral and Manhole reviews, tracking quantities, and conducting progress payment reviews. Assessments) Crisis Management Project Experience ..................................................................................................................................................................................... Facilities Management Public Works Inspection (Staff Augmentation) AVAILABILITY CITY OF NEWPORT BEACH I NEWPORT BEACH, CA 40% Public Works Inspector. Mr. Wheeler provided construction inspection services for City projects and private improvements/encroachments within public the right-of-way. His duties included: construction observation, public contract administration, project meeting attendance, utility coordination, minimizing traffic impacts, construction staking and surveying, material testing, project documentation, record drawings, and permit system record keeping. Citywide Sewer Repairs CITY OF WEST HOLLYWOOD I WEST HOLLYWOOD, CA Alternate Construction Inspector. Mr. Wheeler provided construction inspection services for this citywide sewer repair and rehabilitation project. The project included sewer cleaning, pre- and post -construction CCTV video surveys, sewer line point repairs and reconstruction, and sewer line CIPP lining. Manhattan Beach Water Line and Street Improvements CITY OF MANHATTAN BEACH I MANHATTAN BEACH, CA Construction Inspector. Mr. Wheeler served as Construction Inspector on the paving portion of this citywide water line improvements project. The scope of work included full -width grind and overlay on all of Terrazo Place, Longfellow Drive, and Ronda Drive from Kuhn Drive to Altura Way. Emergency Storm Drain Repair CITY OFTORRANCE I TORRANCE, CA Construction Inspector. Mr. Wheeler provided inspection services for the repair of the storm drain pipeline located at Madison Street and Serra Drive. The project included excavation and removal of an 18-inch collapsed reinforced concrete pipe (RCP), including bedding material; sub -grade N V 5 compaction; new crushed aggregate base; and base course asphalt and finished course asphalt. The project included shoring and traffic control, potholing existing utilities, and AC paved repair area. Mr. Wheeler received and reviewed submittals and requests for information (RFIs). CONTACTINFO DAVID LEDYARD david.ledyard@nv5.com 949.585.0477 Construction Inspector p .................................................................................................................................................................................... EXPERIENCE Mr. Ledyard has more than 36 years of engineering and construction 36 years inspection experience. He has served as both a supervisory inspector, EDUCATION overseeing permit inspectors, as well as a lead inspector on various capital A.A. Engineering improvement projects, including street, sewer, water and storm drain improvements. As construction inspector, Mr. Ledyard's responsibilities include AVAILABILITY site observation and construction quality assurance and control, ensuring 60% general site safety, preparing daily reports, photo documentation, monitoring SWPPP and BMP implementation, providing daily updates to the city project manager, labor compliance and EEO interviews, providing recommendations and responses for contractor RFls, assisting with submittal and shop drawing reviews, tracking quantities, and assisting with the progress payment reviews. Project Experience .................................................................................................................................................................................... Sewer Relining and Point Repair CITY OF PASADENA I PASADENA, CA Construction Inspector. Mr. Ledyard served as construction inspector for the rehabilitation of more than 10,000 LF of existing 8-inch- and 10-inch-diameter sewer mains. Specifically, the project included pipe lining and/or point repairs; cleaning; pre -lining and post lining video inspections; removing and replacing damaged sections of pipes; and installation of pipe liners. Sewer Capacity Upgrades CITY OF PASADENA I PASADENA, CA Construction Inspector. Mr. Ledyard served as construction inspector for the reconstruction of approximately 2,900 linear feet of sanitary sewer. The work included the removal of existing 8-inch- to 10-inch-diameter sewer mains and replacing them with 10-inch- to 18-inch-diameter mains; reconstructing existing sewer manholes, and reconnecting existing house sewer laterals. Eastside Well Collector Project CITY OF PASADENA I PASADENA, CA Construction Inspector. Mr. Ledyard served as construction inspector on this $5M water improvements project. The scope of work included the installation of approximately 4 miles of 16-inch, 20-inch, and 24-inch water mains along Monte Vista Street, Craig Avenue, Foothill Boulevard, Sierra Madre Villa Avenue and Sierra Madre Boulevard. The project also included connections to an existing reservoir and six groundwater wells. He also was responsible for permit coordination and plan reviews. Lake Avenue Water Main Replacement Project CITY OF PASADENA I PASADENA, CA Construction Inspector. Mr. Ledyard served as construction inspector on this $1.5M water improvement project. The scope of work included the installation V 5 of approximately 1 mile of 8-inch diameter water main line; installation of all valves, hydrants and appurtenances; reconnection with existing adjacent mains; and reconnection/reconstruction of existing water services. CONTACT INFO MIKE HELMA, LEED AP mike.helma@nv5.com 949.585.0477 Construction Inspector EXPERIENCE Mr. Helma has more than 30 years of experience in construction management 30 years and inspection with specific expertise in street improvements, sewer, water EDUCATION and storm drain systems, heavy grading, concrete structures, traffic signals, B.S. Civil Engineering paving and landscaping. He is a LEED Accredited Professional with expertise in the management of large- and small-scale projects, in addition to complex LICENSES projects. His experience includes serving as an extension of city staff and LEER Accredited public works departments, where all assigned projects are completed in a Professional timely and professional manner. AVAILABILITY 60% Project Experience Imperial Highway Crossing and Upgrade Water Mains GOLDEN STATE WATER COMPANY I NORWALK, CA Construction Inspector. Mr. Helma provided construction inspection services for this project that involved installing 12-inch-by-8-inch tee and gate valves on Imperial Highway and extending 8-inch ductile iron pipe to upgrade water main and fire service on Paddison. The project included installing 735 feet of 8-inch ductile iron pipe along with 6-inch fire hydrant and 12 each — 1-inch domestic water services. The project also included restoring 2,400 square feet of asphalt paving on Imperial Highway and Paddison and required night work on Imperial Highway and coordination with Caltrans. Huntington Beach South Beach Phase I Rehabilitation CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Senior Construction Manager. Mr. Helma provided construction management services for site improvements to the beachfront plaza and parking lot area from Beach Boulevard to Huntington Street that included concession facilities, restrooms, walkways, an upgrade to existing parking lot paving, ADA access, outdoor showers and foot wash areas and trash enclosures. Brea Sewer Lift Station CITY OF BREA I BREA, CA Senior Construction Manager. Mr. Helma provided construction management services for a master sewer upgrade project. The work consisted of constructing 3 miles of new 15-inch, 24-inch and 27-inch VCP sewer main; construction of new 48-inch and 60-inch-diameter manholes; construction of a new 48-inch-diameter drop -manhole; removal and replacement of existing PCC pavement, AC pavement, PCC curb and gutter, and PCC sidewalk. The project included the installation of a sewer lift station with switchgear equipment. SOCWA Wet Well Rehabilitation Project CITY OF LAGUNA BEACH I LAGUNA BEACH, CA Construction Inspector. This project involved the rehabilitation of a SOCWA Wet Well. The project included construction of new underground gravity sewer infrastructure, a temporary sewage bypass pumping system of the lift station, rehabilitation of the wet well concrete surfaces and installation of a new PVC liner, installation of a new biological odor control system, replacement V 5 of mechanical piping and appurtenances in the drywell, and miscellaneous electrical modifications. CONTACTINFO MATT GREER maft.greer@nv5.com 949.585.0477 Construction Inspector EXPERIENCE Mr. Greer has 14 years of experience as a qualified Quality Control Inspection 14 years and Construction Engineer with experience in the management and inspection EDUCATION of public works projects. His projects have included sewer and water -related B.S. Civil Engineering facilities, street rehabilitations, sidewalk improvements, slurry seal projects, landscaping and irrigation, storm drains and vertical construction. He has LICENSES/ extensive experience dealing with the public, elected officials, contractors, CERTIFICATES architects and engineers. He has been responsible for monitoring construction C2 Workzone Traffic activities, preparing daily construction inspection reports, verifying compliance Control Certificate with plans and specifications, maintaining record drawings, final inspections, OSHA 10-Hour and assisting in field startups. Construction Certificate Project Experience AVAILABILITY .................................................................................................................................................................................... 20% Staff Augmentation Inspection Services IRVINE RANCH WATER DISTRICT I IRVINE, CA Construction Inspector. Mr. Greer is providing inspection services for domestic water, recycled water and sanitary sewer projects for the Irvine Ranch Water District. His duties include tracking project progress, inspection of grade and alignment of the water districts utilities, inspection of the testing and approving the installation of the water districts utilities, creating and maintaining the daily reports and project files, inspection of PCC structures such as manholes, thrust blocks and overflow, headwall, spillway, vehicle crossing and outflow PCC structures for NTS Basins. Bette Davis Recycled Water Design -Build Project CITY OF GLENDALE I GLENDALE, CA Construction Inspector. Mr. Greer provided inspection services for this $2.8M project completed through a single Design -Build Entity (DBE). The project generally consists of construction of new 8-inch PVC recycled water transmission line to Bette Davis Park. The final portion of the pipeline will be constructed within the City of Los Angeles and will require permitting and coordination with the City of Los Angeles. Sewer Force Main and Lift Station Rehabilitation CITY OF HUNTINGTON BEACH I HUNTINGTON BEACH, CA Construction Inspector. Mr. Greer served as Construction Inspector for the replacement of an existing sewer lift station and force main. The project included the construction of a concrete vault to house the new station, pumps, valves, and metering equipment, as well as electrical and telemetry systems. The project also included the construction of new sewer and force mains, and manhole structures. The existing lift station had to remain in operation while the new facilities were being constructed. Water and Sewer Main Systems CITY OF CATHEDRAL CITY I CATHEDRAL CITY, CA Construction Inspector. Mr. Greer served as construction inspector for the construction of 30,000 LF of main line VCP sewer, 20,000 LF of VCP sewer laterals, 18,000 LF of 24-inch to 72-inch RCP storm drains, 30,000 LF of DIP water main and 1,000,000 square feet of street improvements. CONTACT INFO RAY FARNAGHI, LEED GA ray.farnaghi@nv5.com Construction Inspector 949.585.0477 p EXPERIENCE Mr. Farnaghi has more than 17 years of successful demonstrated experience 17 years in the construction management and inspection of large-scale and complex EDUCATION projects. Mr. Farnaghi's experience includes several large facility and park B.S. Civil Engineering renovations and improvements. He understands the balance between working effectively with architects, engineers, contractors, inspectors, and construction LICENSES/ crews. He works diligently to ensure that all construction activities have a CERTIFICATES strategic plan and can offer sensible resolutions to avoid delays. LEED GA AVAILABILITY Project Experience 40%................................................................................................................................................................................... SGVMWD Interconnect and Site Improvements CITY OF AZUSA LIGHT AND WATER I AZUSA, CA Construction Inspector. Mr. Farnaghi is providing construction inspection services for the SGVMWD Interconnect and Site Improvements project. His role includes reviewing submittals, responding to RFIs, reviewing change orders, and coordinating with the Engineer, the City and other agencies as needed. The project consists of the construction of an interconnection pipeline, including approximately 18-inch class 350 ductile iron pipe, 14-inch and 18-inch schedule 40 CML&C steel pipe, including valves, connections, abandonments and appurtenances. Work also includes a 14-inch pressure - reducing and flow -control station, concrete vault replacement, AC pavement resurfacing and reconstruction, PCC sidewalks, curb and gutter. Arantine Hills Sewer and Water Infrastructure Projects CITY OF CORONA I CORONA, CA Inspector. Mr. Farnaghi provided inspection services for the $14.7M three- phase Arantine Hills sewer and water improvement projects to provide the necessary infrastructure for the Arantine Hills Development Project. The project involved the construction of a buried cast -in -place sewer lift station with above -grade controls. This was connected to a second project to construct the sewer force main with fused HDPE pipe via conventional open trench and trenchless jack -and -bore sewer construction along arterial streets and Caltrans ROW, forming 4 miles of pipeline. Relocation of 3,300 LF of potable water line also was required to install the new force mains. A third project managed simultaneously was the construction of the California Avenue Sewer at a depth of 25 feet below grade. All three projects were to be completed together for the final and finished sewer lift station to function. Blandwood Road/True Avenue Sewer Lift Station Replacement CITY OF DOWNEY I DOWNEY, CA Construction Inspector. Mr. Farnaghi was responsible for site observation and construction quality for the City during the replacement of two old sewer lift stations on Blandwood Road and True Avenue with a new wet well submersible type sewer lift station. The project included construction of new V 5 sewer gravity and force main lines to deliver from and convey raw sewage to the new station. The project also included the construction of AC pavement, PCC sidewalks, driveways, and curb and gutter. CONTACTINFO JAMES REMUS james.remus@nv5.com Construction Inspector 949.585.0477 p EXPERIENCE Mr. Remus has spent more than 28 years as a construction inspector for 28 years a variety of pipeline and construction projects. He has worked closely with EDUCATION engineering firms, public agencies and specialists in the fields of biology and Office Management archaeology as related to respective projects. Mr. Remus is knowledgeable in a variety of construction activities, including heavy documentation of design/ LICENSES/ build structures, testing and trench safety. He has spent more than 13 years as CERTIFICATES a cross -connection specialist with the Walnut Valley Water District. Cross Connection Control and Backflow Project Experience Preventionand Program .................................................................................................................................................................................... Specialist Staff Augmentation Inspection Services C2 Workzone Traffic IRVINE RANCH WATER DISTRICT I IRVINE, CA Control Certificate Inspector. Mr. Remus provided inspection services for water, wastewater OSHA 10-Hour and sewer projects for the Irvine Ranch Water District. His duties include: Construction Certificate confirming that the Contractors are adhering to the Contract Documents, as well as generating daily reports for several ongoing projects. The types of AVAILABILITY projects he has worked on include: housing tracts, commercial sites, as well as 60% capital and non -capital projects. Odor Reduction Facility ENCINA WASTEWATER AUTHORITY Construction Inspector. Mr. Remus' duties included inspection services, reviewing shop drawings, reviewing change orders, and request for information and daily reports. Sunnyslope Avenue Pipeline, Junkie Tank and Pump Station ELSINORE VALLEY WATER DISTRICT I LAKE ELSINORE, CA Construction Manager. The project included the installation of a new pump station, discharge 8-inch potable pipeline through a hilltop residential neighborhood that had limited access and a narrow road, and bolted steel potable water storage tank. San Luis Rey Wastewater Treatment Plant CITY OF OCEANSIDE I OCEANSIDE, CA Construction Manager. The project included the expansion and upgrading of the existing San Luis Rey Wastewater Treatment Plant. 16-inch Potable and Non -Potable Pipeline YUCAIPA VALLEY WATER DISTRICT I YUCAIPA, CA Construction Inspector. The project included the installation of 16,000 LF of 16-inch potable and non -potable pipelines, including all appurtenances. Recharge Pipeline Project MOJAVE WATER AGENCY I MOJAVE, CA Construction Inspector. Mr. Remus was responsible for a 15-mile segment of the 48-inch CMI & C steel force main, which included both welded and o-ring gasket joints. He was accountable for trench safety and proper placement of N V 5 two -sack sand slurry mix in the pipe zone at specified locations. CONTACT INFO DANIEL WARREN daniel.warren@nv5.com 949.585.0477 Construction Inspector EXPERIENCE Mr. Warren is a water/wastewater inspector with more than 26 years of 26 years experience in public works. Additionally, Mr. Warren was a Grade III Water LICENSES Distribution Operator, and Grade II Water Treatment Operator for the Rowland Water Distribution Water District. He also served as a Construction Inspector for the City of La Operator Grade III Habra Heights. Mr. Warren is extremely knowledgeable about the need for the No. 8020 Contractor's conformance to the approved plans and specifications, adherence to field quality control, as well as what the various heavy construction industry Water Treatment standards and construction principles are for water and wastewater systems. Operator Grade II No. Mr. Warren has a significant knowledge of all aspects of public utilities and 18940 provides expert quality control for all aspects of potable water, sewer, and Recycled Site Supervisor recycled water works throughout his execution of his duties as an Inspector. Conversion from Potable to Recycled Water Project Experience CompetentPerson ......................................................................................................I............... Site Survey for Soil Bankfield Sewage Pump Station Conditions CITY OF CULVER CITY I CULVER CITY, CA Inspector. Mr. Warren is providing inspection services for the construction Trench Shoring Certified of the Bankfield Sewage Pump Station. The new pump station will receive Underground Utilities diverted flows from two existing pump stations once construction is complete, Certified and possibly diverted flows from two more pump stations at a later date. The AVAILABILITY new pump station will have a 10-feet-by-20-feet sewage wet well that is 35 feet 50% deep, constructed in groundwater with watertight shoring. There will be two submersible pumps, a flow meter vault, a valve vault, a bypass vault for the two force mains, and an emergency diesel -fueled backup electrical generator. There also will be a 25-feet-by-20-feet building to house instrumentation and SCADA systems, a bathroom and electrical components. Arantine Hills Sewer and Water Infrastructure Projects CITY OF CORONA I CORONA, CA Inspector. Mr. Warren provided inspection services for the $14.7M three- phase Arantine Hills sewer and water improvement projects to provide the necessary infrastructure for the Arantine Hills Development Project. The project involved the construction of a buried cast -in -place sewer lift station with above -grade controls. This was connected to a second project to construct the sewer force main with fused HDPE pipe via conventional open trench and trenchless jack -and -bore sewer construction along arterial streets and Caltrans ROW, forming 4 miles of pipeline. Relocation of 3,300 LF of potable water line also was required to install the new force mains. A third project managed simultaneously was the construction of the California Avenue Sewer at a depth of 25 feet below grade. All three projects were to be completed together for the final and finished sewer lift station to function. Well Installation and Treatment ROWLAND WATER DISTRICT I ROWLAND HEIGHTS, CA V 5 Inspector. Mr. Warren provided inspection services for the installation of a water well to treat contamination of the groundwater and return the water source to the recycled water distribution system. CONTACT INFO SALVADOR SANCHEZ sa Ivad or. san chez@ nv5. Construction Inspector com 949.585.0477 ................................................................................................................................................................................... Mr. Sanchez is adept at managing and delivering a variety of public works EXPERIENCE projects, including water, sewer, and storm drain improvements. His skills in 30 years the development of project control procedures and methodologies for cost CERTIFICATIONS and schedule control have been implemented on several large-scale projects. CA Water Distribution Mr. Sanchez has accrued more than 30 years of public works experience, Operator, D5 No. 08546 demonstrating his expertise in a range of responsibilities, including six years with the City of Riverside, nine years with the City of Pico Rivera and 14 years CA Water Treatment with the City of Glendale Water Department. Operator, T4 No. 16793 Water utilities Sciences Project Experience Certificate .................................................. AVAILABILITY Water Main Replacement and Street Improvements 50% CITY OF MANHATTAN BEACH I MANHATTAN BEACH, CA Inspector. Mr. Sanchez provided inspection services for the 2013-2014 Water Main Replacement and Street Improvements project. The project replaced old and/or undersized water mains to reduce the risk of main breaks and enhance fire suppression flows. New 6-inch ductile iron pipes replaced a total of 10,261 LF of existing water mains. Work also included the installation of five new fire hydrants, reconnection of four existing fire hydrants and the installation of 2-inch water blowoff assemblies at four sewer pump stations. Long Beach Water Department Emergency Project LONG BEACH WATER DEPARTMENT I LONG BEACH, CA Inspector. Mr. Sanchez provided inspection services for the completion of an emergency project for the Long Beach Water Department. The project provided LBWD a connection to the Los Angeles County Sanitation District's (LACSD) reclaimed water pipeline. While initially being constructed by a different contractor under the jurisdiction of LACSD, after construction was underway, LACSD's Contractor abandoned the project and LBWD agreed to take over the work. Work involved construction of additional 25-foot deep shoring within 5 feet of the operational LACSD operational plant. Various Water and Wastewater Projects CITY OF GLENDALE DEPARTMENT OF WATER AND POWER I GLENDALE, CA Inspector/Water System Supervisor II. Mr. Sanchez was responsible for the management and inspection of several water and wastewater projects over the course of 14 years. Responsibilities included inspecting construction, repair, maintenance and operation of water systems and pumping facilities; supervising pump maintenance mechanics, water distribution operators, water treatment operators, SCADA technicians and water system apprentices; overseeing the operation and maintenance of a Diatomaceous Earth Filter Treatment Plant: preparing for water outages and coordination with City staff and contractors for smooth and efficient outages; implementing necessary changes or postponements of projects as the system dictated; working with water quality staff and health departments on water system sanitary surveys; reviewing and evaluating employee job performance and recommending appropriate personnel V 5 action; and recording and reporting monthly to the water superintendent. CONTACTINFO CARLOS BARRIOS carlos.barrios@nv5.com Construction Inspector 949.585.0477 p EXPERIENCE Mr. Barrios is a water/wastewater inspector with more than 30 years of 30 years experience in public works. Additionally, Mr. Barrios was a Grade D5 Certified LICENSES/ Water Distribution Operator and Grade T3 Certified Water Treatment CERTIFICATES Operator for the City of Glendale Department of Water & Power. He has a Certified Water vast knowledge of governmental operations, policies, and procedures. His Distribution Operator, responsibilities include site observation and construction quality assurance Grade D5 No. 10282 and control, ensuring general site safety, preparing daily reports, photo documentation, monitoring SWPPP and BMP implementation, providing daily Certified Water Treatment updates to the City project manager, and tracking quantities. Operator, Grade T3 No. 21130 Project Experience AVAILABILITY................................................................................................................................................................................. 50% Water Well No. 12 Packer Project CITY OF SANTA FE SPRINGS I SANTA FE SPRINGS, CA Construction Inspector. Mr. Barrios provided construction inspection services for the removal of an existing pump, well rehabilitation, initial/final video surveys, installation of a test pump, depth discrete water sampling and laboratory analysis, installation of packer(s), pumping test(s) for packer, removal of test pumps, and the re -installation of well the pump. City of Glendale, Department of Water & Power CITY OF GLENDALE Project Manager/Construction Inspector. Mr. Barrios oversaw site development construction activities at various stages of construction for conformance with plans, specifications, city ordinances, safety regulations, and material standards. He provided daily inspection reports, oversaw construction methods and procedures including the Best Management Practices (BMP's), maintained OSHA standards and the traffic "Watch Manual," and public outreach services. Projects included: • Inspection for the construction of the Pelanconi Avenue Water Main Cleaning and Lining Project • Inspection for the construction of the Central Avenue Water Main Cleaning and Lining Project • Inspection for the construction of the Public Work's Project "Fiscal Year 2008/09 Street Rehabilitation Project" which includes the construction of storm drain pipes, catch basins, and manholes; Removal of an existing 18-inch corrugated metal pipe (CMP) and replacement with a 24-inch reinforced concrete pipe (RCP); Removal and replacement of sewer pipes. • Inspection for the construction of the Public Work's Project Flower Street Widening Project, which includes the construction of storm drain pipes, catch basins, and manholes; Removal and replacement of sewer pipes and relocation of several well lines, recycled lines and potable mains. • Inspection for the construction of the Public Work's Project "Grandview Street Repair Project" which includes the construction of storm drain pipes, catch basins, and manholes; Removal and replacement of sewer V 5 pipes; and the relocation of several well lines, recycled lines and potable mains. CONTACTINFO bruce.boyer@nv5.com EXPERIENCE 18 years EDUCATION Building Inspection Technology LICENSES/ CERTIFICATES ICC Certified Building Inspector, No. 5053131, ICC Certified Electrical Inspector, No. 5053131 ICC Certified Mechanical Inspector, No. 5053131, IAPMO Certified Plumbing Inspector, No. 097980 Transportation Worker Identification Credential (TWIG) BRUCE BOYER Special Inspector - Electrical Mr. Boyer has more than 18 years of code compliance experience with more than 14 years of specialized experience in commercial and energy infrastructure compliance. He has in depth knowledge of jurisdictional compliance requirements for local agencies including cities, counties, fire departments and planning departments as well as multiple state and federal agencies. In addition, Mr. Boyer has extensive knowledge of wood, steel frame and concrete masonry buildings, special inspection requirements, approved fabricator requirements and has the ability to work with project stakeholders to ensure the successful delivery of code compliant projects. Project Experience Alamitos Energy Center CALIFORNIA ENERGY COMMISSION/AES Lead Onsite Inspector, provides onsite inspection and oversight for this project which includes the provision of DCBO duties performed on behalf of the California Energy Commission. The project scope includes the demolition of existing above and below ground structures, piping, and construction of a 640 MW natural gas fired combined cycle air cooled electrical generating facility in Long Beach. AVAILABILITY Inland Empire Energy Center 40% CALIFORNIA ENERGY COMMISSION/CALPINE Chief Site Inspector for the 810 MW project which consisted of the construction of two GE S107H combined cycle systems (H System). The project connected an onsite switchyard to existing Southern California Edison Valley substation located approximately one mile east of the project site via a new 500 kV transmission line. The project also included the construction of a new 18 inch, 4.7 mile pipeline for the disposal of nonreclaimable wastewater. Code Compliance Inspections OAK VALLEY UNION SCHOOL DISTRICT Performed inspections for code compliance inspections for the Oak Valley Union School District. The structures inspected were new well installations that included piping, piping support, new electrical service, transformers, chlorine injection, and branch circuits. A new water treatment building was also included in the project scope. Inspections included foundation of a new wood framed treatment building and also included full electrical inspections of the meter, transformer and new branch circuits including panels. Railyard Redevelopment Project CITY OFTRUCKEE I TRUCKEE, CA Served as Inspector for the Union Pacific Railroad Redevelopment Project in the Town of Truckee, California. The project consisted of the construction of a maintenance facility, wood framed office building, prefabricated metal shop building, a detached prefabricated metal storage building, and related site work. The buildings included new mechanical, electrical, plumbing, and fire protection V 5 systems. Compliance with the 2016 California Building Codes and all applicable laws, ordinances, regulations, and standards (LORS) was verified. CONTACTINFO VICTOR GRUBER victor.gruber@nv5.com Special Inspector - Electrical EXPERIENCE .................................................................................................................................................................................... 30 years Mr. Gruber has more than 30 years of experience providing services to the construction industry. He has served as a residential, commercial and EDUCATION industrial inspector for various public and private entities. Mr. Gruber is a B.S. Construction resourceful, analytical and detail -driven individual who is capable of completing Engineering multiple projects with strict deadlines. He has excellent working knowledge A.S. Building Inspection of construction concepts, including the ability to analyze data to develop and Technology interpret codes. He exercises independent judgment and decision making in LICENSES/ the diagnosis and resolution of problems. CERTIFICATES ICC Certified Accessibility Project Experience Inspector/Plans ...........................................................................................................-....................................................................... . Examiner, No. 5244590- Huntington Beach Energy Project 21 CALIFORNIA ENERGY COMMISSION/AES ICC Certified Building Acts as Lead Onsite Inspector for the HBEP project which includes the provision Inspector, No. 5244590 of Delegate Chief Building Official (DCBO) duties performed on behalf of the —135 California Energy Commission. NV5 performs independent review of the final design and inspections of the construction to verify compliance with applicable ICC Certified Building engineering laws, ordinances, regulations, and standards (LORS), local building Plans Examiner, No. codes, California Building Code, and the facility design, geology, workers safety, 5244590-133 transmission system engineering, and other conditions of certification. DCBO ICC Certified Plumbing duties include design review, plan check, construction inspection, and document Inspector, No. 5244590- control for all applicable engineering disciplines (civil, electrical, structural, P5 mechanical, fire protection, and architectural). In addition, safety, HAZMAT, ICC Certified Electrical NPDES, and SWPPP monitoring during construction will be provided. Inspector, No. 5244590- Alamitos Energy Center E5 CALIFORNIA ENERGY COMMISSION/AES UPC Plumbing Inspector, Acts as Lead Onsite Inspector for this project that includes the provision of No. 5244590-34 Delegate Chief Building Official (DCBO) duties performed on behalf of the IAPMO Mechanical California Energy Commission. The project scope includes the demo and Inspector, No. N90940 construction of a 640 MW natural gas -fired combined cycle air cooled electrical generating facility in Long Beach. Certificate of Achievement in Railyard Redevelopment Project Combination Inspection CITY OF TRUCKEE i TRUCKEE, CA Certificate of Completion Served as Inspector for the Union Pacific Railroad Redevelopment Project for Plan Review in the Town of Truckee. The project consisted of the construction of a maintenance facility, wood framed office building, pre -fabricated metal shop AVAILABILITY building, a detached pre -fabricated metal storage building, and related site 40% work. The buildings included new mechanical, electrical, plumbing, and fire protection systems. Compliance with the 2016 California Building Codes and all applicable laws, ordinances, regulations, and standards (LORS) was verified. Shiloh Wind Farm N V 5 COUNTY OF SOLANO Provided inspection services to ensure project was constructed in compliance with California Building, Electrical, Plumbing, Mechanical and local ordinances, regulations and standards. CONTACT INFO DEVAN DAGLEY, PE, QSD/QSP devan.dagley@nv5.com Special Inspector—Structural EXPERIENCE .........................................................................................................................................................................I.......... 9 years Mr. Dagley is a senior Engineer in NV5's structural group with over 9 years of structural design and construction management experience. He is well - EDUCATION versed in providing construction management, performing inspections (both M.S. Civil Engineering during and post -construction), structural calculations of new and existing B.S. Civil Engineering buildings to determine code -prescribed forces or as -built capacity. He is adept LICENSES/ in preparing constructability reviews and reports, analysis of construction CERTIFICATES costs from changed conditions, draft change orders, and claims disposition Civil Engineer (CA) recommendations. He is skilled in preparing construction documents, cost No. C78462 estimates, proposals, scopes of work, and has performed QA/QC reviews of plans (internal and third party) to identify potential conflicts that may arise. Qualified SWPPP Developer/Practitioner, Project Experience (CA) No. 23714 ........................................................................................................................._......................................................... Certified Cal OES SAP 803-2 Reservoir Structural Inspection Disaster Worker OTAY WATER DISTRICT I JAMUL, CA No. 81164 Project Engineer/Lead Inspector. Provide visual inspection and evaluation AVAILABILITY of the condition of the steel roof framing and components, including the 40% overflow funnel. The inspection involved observing the rafters, girders, support columns, dollar plate and roof skin. In addition to the inspection, NV5 provided a Technical Memorandum, which summarized the findings of the inspection and provided repair recommendations. NV5 was then tasked to prepare repair drawings for a halo rafter support. Structural Investigation - Administration Building OTAY WATER DISTRICT I SPRING VALLEY, CA Lead Project Engineer/Lead Inspector. Performed on -site structural investigation and reviewed as -built drawings on file to verify existing framing configurations and locations of load -bearing walls in order to determine if an interior non -load bearing wall and kiosk could be removed. Framing was verified by looking through existing mechanical access hatches and opening small hole in drywall ceiling. Framing was confirmed to be consistent with what was depicted on as-builts. Soledad Mountain Road 6-inch HP gas reroute SDG&E I SAN DIEGO, CA Construction Manager/Structures Representative. Mr. Dagley acted as construction manager/structures representative for SDG&E during construction activities at Garnet Avenue bridge over Rose Creek. This project included coring through the abutment diaphragm and bent caps, excavating behind abutment in order to install a 23-foot-long precast concrete "seismic box," and installing a 10" steel casing which houses the 6" HP gas carrier pipe. Was on- rIIIIIIIIIs ite full time and maintained daily logs and photographs during construction activities. Interfaced with SDG&E contractor crews and SDG&E crews in order N V to resolve various field issues during construction. CONTACTINFO ERIC RODRIGUEZ, PE, SE eric.rodriguez@nv5.com Special Inspector —Structural EXPERIENCE............................................................................................................ 15 years Mr. Rodriguez has over 15 years of project engineering and structural design EDUCATION experience. His experience encompasses a variety of projects including power B.S. Civil Engineering plants, schools, healthcare facilities, industrial, and commercial facilities. He also has conducted structural code compliance reviews of various power plant LICENSES/ structures, non -building structures, and commercial and retail structures. His CERTIFICATES levels of involvement have included preparation and review of proposals, Civil Engineer (CA) preparation and review of structural drawings, supporting calculations, and No. C56757 specifications, as well as construction support. Structural Engineer (CA) No. S4617 Project Experience AVAILABILITY 40% .................................................................................................................................................................................. Stanton Energy Reliability Center (SERC) CALIFORNIA ENERGY COMMISSION Engineering Manager and Lead Structural Engineer providing plan review oversight and structural plan review for the Stanton Energy Reliability Center (SERC). The project consists of two General Electric (GE) LM6000- based EGTs which is a Hybrid EGT developed by GE and Wellhead Power Solutions. NV5 will act on behalf of the California Energy Commission (CEC) and will provide independent review of the final design and inspections of the construction. Huntington Beach Energy Project CALIFORNIA ENERGY COMMISSION Lead Engineer for this project that includes the provision of Delegate Chief Building Official (DCBO) duties performed on behalf of the California Energy Commission. Activities will include demolition of the remaining portions of a decommissioned peaker, the removal of a fuel oil tank and additional, auxiliary structures/equipment. As DCBO NV5 will provide independent review of the final design and inspections of the construction. Long Beach Community College District LONG BEACH CITY COLLEGE I LONG BEACH, CA Structural investigation of an existing concrete stadium structure as part of the Division of the State Architect close-out procedures. Our task is to develop a testing and inspection program to confirm that the existing as -built conditions are in compliance with the agency approved structural documents. North Orange County Community College District ENGINEERING AND TECHNOLOGY SWING SPACE I LAHABRA,CA Structural evaluation, analysis, and retrofit of two existing non -conforming concrete tilt -up buildings for Community College School use. Our evaluation included non-destructive and destructive testing of existing structural elements to verify their capacities, structural analysis to determine which elements are code compliant, and structural strengthening of existing structural elements found deficient. CONTACT INFO REBECCA COLE rebecca.cole@nv5.com Public Outreach EXPERIENCE 20 years Ms. Cole manages public affairs and community relations programs for EDUCATION infrastructure improvement programs and has developed and implemented B.S. English award -winning public affairs programs for local governmental agencies that span Southern California. She has collaborated with elected officials, media AVAILABILITY representatives and civic groups throughout the region on important project 30% milestones using a range of proven communication tactics. Ms. Cole has won numerous awards from the Public Relations Society of America, including the coveted Silver Anvil Award for best public communication program. Project Experience .................................................................................................................................................................................... Community Relations for CIP Projects CITY OF SAN DIEGO I SAN DIEGO, CA Off -site Community Relations Manager. Ms. Cole served as the off -site community relations manager in charge of various projects under the City's nearly $1 B CIP to improve or repair aging infrastructure such as pipelines, reservoirs and pump stations. Responsibilities included launching the CIP department's speakers' bureau program, drafting informational materials, briefing elected officials and media representatives, and managing various special events to commemorate the start and completion of key projects. Water Conservation and Rate Increase CARLSBAD MUNICIPAL WATER DISTRICT I CARLSBAD, CA Project Supervisor. Ms. Cole oversaw community relations for the City of Carlsbad outreach efforts to support successful implementation of mandatory water use restrictions and approval of increased water rates and a new water rate structure. Ms. Cole managed production of information materials, website updates, media materials, and bill inserts to communicate important updates to customers. Advanced Water Treatment Project PADRE DAM MUNICIPAL WATER DISTRICT Public Relations Manager. Ms. Cole led the public outreach team in its effort to build support for Padre Dam's Advanced Water Purification Project, an innovative water recycling and groundwater recharge project. She managed the project's successful groundbreaking and dedication events that highlighted the project's purpose and need and garnered supporters for the project. Infrastructure Communications WATER UTILITIES DEPARTMENT I OCEANSIDE, CA Public Relations Manager. The City of Oceanside is working steadily to improve its aging water infrastructure in neighborhoods throughout the City. Ms. Cole is managing community relations services on a variety of pipeline and infrastructure projects that support the City's infrastructure improvement N V 5 projects. They include water and sewer pipeline replacement projects in various neighborhoods, desalination testing at the Oceanside Harbor, and reservoir rehabilitation in a dense neighborhood. CONTACT INFO GABRIELA DOW gabhela.dow@nv5.com Public Outreach EXPERIENCE_ ................._....................................................................... ............ ....... 20 years Ms. Dow is a communications specialist with 20 years of experience in public outreach, public affairs and media relations. In January 2014, she was listed as EDUCATION one of nine "People to Watch in 2014" by the San Diego Union Tribune Business B.A. English, Literature, section featuring her work with tech startups and focus on helping to modernize and Communications government agencies. Ms. Dow is well -versed in the use of technology AFFILIATIONS to maximize outreach and manage results -driven programs. Her current Habitat for Humanity, responsibilities with NV5 and various municipalities throughout California include Board President and Vice the development of communications strategy and programs, public outreach President, 1999-2007 and engagement, message and collateral development, events management, Barrio Logan College media relations and incorporation of digital/social media technology. Institute (BLCI) 1999- 2005: Mentor for three Project Experience studentsthrough .................................................................................................................................................................................... . community program Public Outreach Plan AVAILABILITY CITY OF LAGUNA HILLS AND CITY OF RANCHO SANTA MARGARITA I ORANGE COUNTY, CA 60% Ms. Dow developed and assisted in the implementation of public outreach plans for adoption of e-Government processes and software by staff and public users. These efforts increased the adoption of online permitting applications, online class registration, and a facility reservation software and citizen request management system. Also developed and placed articles to support outreach efforts. Water Conservation Public Outreach VALLECITOS WATER DISTRICT I SAN MARCOS, CA Ms. Dow assists with ongoing, as -needed public education and outreach activities including materials development, translation services, social media and website/wiki development and general public relations and marketing efforts. Water Utilities Department Communications Support CITY OFOCEANSIDE I OCEANSIDE,CA Ms. Dow worked with the team to develop a communications plan and strategies for rebranding the Utilities Department and environmental programs, which extends into assisting with rebranding and logo development for the entire City. Developed the GreenOceanside mobile app and Myers Tait mobile landing page to engage the public in a more modern and effective manner. Assisted with improving the presentation of the City's Water Quality Report by developing a community calendar and resource guides. Also currently provides event management and public outreach services for pump station and pipeline construction projects. City of Carlsbad Communications CITY OF CARLSBAD I CARLSBAD, CA Ms. Dow supported the City communications director and multiple departments with the development of outreach plans, message development, events management, material development, and public and media relations. The primary focus was on special projects such as incorporating digital tech/social N V 5 media, and developing the communications plan to launch the City -supported biotech incubator. J PACIFIC RESOURCES es BENJAMIN OCASIO Labor Compliance Principal HIGHLIGHTS Benjamin Ocasio's experience includes providing prevailing wage monitoring services, developing and implement business outreach and local hire programs and negotiating and implementing Project Labor Agreements for a variety of construction projects. PROJECT EXPERIENCE Labor Compliance and Project Labor Agreement Administrator, Water Replenishment District of Southern California, Pico Rivera, CA, March 2017 to present. EDUCATION University of Southern California M.P.A, 1983 Responsibilities Include providing state and Davis -Bacon prevailing wage monitoring services, implementing and administering the District's Project Labor Agreement on this more than $120 million water treatment facility and reporting as required. Labor Compliance and Project Labor Agreement Administrator, Santa Monica -Malibu Unified School District, Santa Monica, CA, March 2018 to present. Responsibilities include providing prevailing wage monitoring services, implementing and administering the District's Project Labor Agreement on projects ranging from $37 to more than $100 million, and reporting as required. Labor Compliance Administrator, Del Richardson & Associates, Inc., Los Angeles Stadium and Entertainment District, Inglewood, CA, August 20016 to present. Working under Del Richardson & Associates, Inc., Mr. Ocasio provides technical support on this large- scale construction project. Responsibilities include managing staff, resolving complex labor compliance issues, and preparing a monthly local hire report to the owner. Labor Compliance Manager, NV5, Irvine, CA, February 2014 to present. Responsibilities comprised of assisting this construction management firm with State and Davis -Bacon prevailing wages on various projects ranging from a water reservoir, public facilities, and street projects. Further activities include representing the City clients during audits with Caltrans, HUD and other funding agencies. Labor Compliance Manager, AIMC CS, El Monte, CA, September 2015 to present. Responsibilities comprised of assisting this construction management firm with State and Davis -Bacon prevailing wages on various projects street projects and representing the City clients during audits with Caltrans. Centinela Valley Union High School District, Lawndale, CA, June 2014 to February 2017. Responsibilities include providing prevailing wage monitoring services, implementing and administering the District's Project Labor Agreement on 3 high school modernization projects with a combined value of over $130 million. AVAILABILITY 100% EXHIBIT C Fee Schedule Effective January 1, 2020, through December 31, 2020. If contract assignment extends beyond that date, a new rate schedule will be added to the contract. CONSTRUCTION SERVICES Principal Senior Construction Manager Construction Manager Office Engineer Project Controls Engineer Labor Compliance/Documents Control Administration Construction Inspector (Prevailing Wage) Construction Inspector (Non Prevailing Wage) Building Inspector (Non -Prevailing Wage) Surveying (2-person survey crew) COMMMUNITY OUTREACH Project Manager Assistant Project Manager Project Coordinator Media Specialist Strategic Advisor Community Relations Specialist Events /Outreach Specialist Graphic Design Administrative REIMBURSABLE EXPENSES Reproduction Consultant Services Automobile Transportation Delivery, Freight, Courier Agency Fees Commercial Travel *Assumes prevailing wages are applicable for field work. N VIS HOURLY RATE $230 $185 $165 $120 $120 $90 $90 $138 $125 $110 $250* HOURLY RATE $175 $150 $120 $130 $190 $145 $145 $120 $85 COST Cost Cost + 10 % $.575 per mile Cost Cost Cost r_rrvrrn M^Al oKIMRIC enln ev ^XIuo Principal Engineer/ Geologist $ 210 /hr. ''.. Associate Engineer / Geologist $ 190 /hr. Senior Engineer/ Geologist $ 175 /hr. Project Engineer/ Geologist - $ 150 Senior Staff Engineer/ Geologist - - _ $ 125 //hr. /hr. Staff Engineer / Geologist $ 115 1 /hr. **Soil / Asphalt/ Concrete Technician - Prevailing Wage Group 1 $ 105 /hr. **Batch Plan Inspector - Prevailing Wage Group 2 $ 110 1 /hr Daily vehicle/ equipment charge Senior CAD Technician - $ 50 /day $ 105 $ 90 1 /hr /hr.—,I Administrative Staff - - - _ Asphalt Mix Design Review Hveem Stability & Unit Weight Marshall Stability, Flow & Unit Weight 300 ea. 190 ea—.1 240 ea. Maximum Theoretical Unit Weight (Rice)-130�ea. Extraction - Ignition Oven (including gradation) $ 200 ea. Percent Swell $ - 140 '', ea. - Unit Wt Compacted Sample (Specific Gravity) '.; $ 85 ea. Unit Weight Sample Requiring Compaction- $ 140'ea. SOILS Chloride Content of Soil $ 80 ea. Consolidation (up to 9 loads) $ 275 - ea. Direct Shear (undisturbed ring specimens) $ 250 ea. Direct Shear (remolded specimens) $ 295 ea. Expansion Index $ 160-ea. _ _ Proctor (per curve) $ 200 ea. Proctor w/Rock Correction (per curve) $ 225 ea.-- Moisture Content / Dry Density $ 40 - ea. Plasticity Index/Liquid Limit (Atterberg Limit) $ 150 ea. R-value (minimum 3 points) $ - 275 - ea. Resistivity & pH of Soil $ 170 ea. Sand Equivalent $ 95 ea. Sieve Analysis $ 130 ea. Sulfate Content of Soil $ 80 - ea. Global Positioning System(GPS)- Differential $ 105 /day Ground Penetrating Radar (GPR) - Cart Mounted _ $ 551 /day Ground Penetrating Radar (GPR) - Truck Mounted _ - $ 1,323 /day Dynamic Cone Penetrometer (DCP) Drive Probe $ 105 1 /probe Falling Weight Deflectometer (FWS) with GPR Concrete Coring(Equipment+Technician) - ! GENERAL TERMS AND CONDITIONS **The above quoted personnel rates are based upon a multiplier of the hourly rate determined by the General Prevailing Wage Determinations for Building/Construction Inspectors and Field Soils and Material Testers, in effect as of this date (Determination # SC-23-63-2-2019-1D). Should the Prevailing Wage rate change after the next issue date our rates may change based upon the Prevailing Wage rate in effect at that time, but our rates will maintain the same multiplier. Minimum Charges for Material Testing and Inspections -Hours will be charged upon arrival on she. For inspection call -out between 0 and 4 hours a minimum charge of 4 hours will be charged. Eight hours will be charged for work performed over 4 hours up to eight hours. Actual time will be charged for work performed over 8 hours, rounded up to the nearest half hour. A4-hour minimum will apply for unscheduled cancellations. A4-hour minimum charge shall apply to all cancellations after inspector or technician has been dispatched. Per Diem and Travel Expenses -Actual Cost plus 5%for out of Los Angeles County work Testing samples - There will be a 50% premium charge for "rush/priority" testing. This testing laboratory agrees to exercise reasonable care in obtaining, preserving and caring for the samples to be tested, but assumes no responsibility for damages, either direct or consequential, which arise or are alleged to arise from loss, damage or destruction of samples due to circumstances beyond this testing laboratory's control, samples are discarded after testing unless requested otherwise in writing by the client. Overtime Rates - NV5 rates for Technical Staff are based on an 8-hour workday between the hours of 6:00 a.m. and 4:30 p.m., Monday through Friday. Work in excess of 8 hours in one day will be charged a premium of 1.5 times the quoted rates. Work over 40 hours In one week will be charged at 1.5 times quoted rate. Work over 12 hours in one day or over 8 hours on the 7th consecutive day or worked holidays will be charged at 2.0 times quoted rates. Holidays - NV5, Inc. observes the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Should a Holiday fall on Saturday or Sunday, the closest previous or following, regular work day will be observed for the Holiday. Mileage - Mileage will be charged at IRS Rate per mile for services outside Los Angeles County. Outside Services/ Subcontractors - Cost plus 5%will be charged for any work not directly performed by NV5 or for any materials procured. This Fee Schedule contains only the basic services performed by this office and is not a complete listing. Do not hesitate to call for a quotation or proposal Ifyour service needs are not listed herein. JKL_ PACIFIC RESOURCES 5=RVIC E5 PACIFIC RESOURCES SERVICES RATES Pacific Resources Services has established the following rates for projects starting after January 2020. PACIFIC RESOURCES SERVICES -LABOR RATES 2019-2021 * Staff Hourly Rate Principal $134.79 Senior Analyst $112.33 Analyst $101.09 Staff Support $67.40 `Rates will remain fixed during the duration of the agreement. All hourly costs are fully burdened. There are no additional costs (such as mileage, communication, etc.) to our client. 1 -- ACC)RD CERTIFICATE OF LIABILITY INSURANCE QATEA'YYY) v241204/zo2o 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(les) must be endorsed. It 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 endorsements , PRODUCER Cavl Rea & Associates B 460 Street, Suite 1800 San Diego CA 92101 CONTACertificate De ertment PHONE FAX 619.744-0674 A)C. NO, 619_234.8601 EMAIL Scertificates(filcavignac.com NSaREFULs) AFFORDING COVERAGE RUG _,,, INSURER : Valley Fore Insurance ComDanv 20508 INSURED NVBINC0-01 Inc` 83 163 Technology Drive Suite 100 Irvine, CA 92618 INSU E a: Continental Casual Co. 20443 c Continents Insurance Company INSURER _Z- Y 36289 -..—...._,�_----�....P INSURER D:Transeo l,(,ation Insurance Co. 20494 a- „-� INSURER,A9;, Bentley (Insurance Company., 32603 ,-_,- _ INSURER F: w V COVERAGES CERTIFICATE NUMBER: 102664747 REVISION NUMBERR THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE. POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR TYPE OF INSURANCE AD UB POLL NU E. POLICDYEFF OLIC(MMADDRYYY LIMIT$ A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE L:: .1 OCC Y 607040530 5/1/2020 ! 6/1R021 EACH OCCURRENCE $1000004 0 ..-� St,INi0 W0 X Gvmes Unb/SeAn V MEO EXP An one Gerson $16,000 PERSONA- 6ADV INJURY , $ 1,p90000 X Wu ble GENERAL AGGREGATE $2,000.000 GENLAGGREGATE % LIMIT APP'�LIES PER POLICY K] EP O- 0 LOC PRODUCTS -COMPlOP AGO $2000000 SIMP Get) Uhdlil 51,W0,OOD OTHER: a Auromoge X LMa1LRY ANYAUTO Y 6057040676 E1112020 61 W2 eBN I $ OODILY INJURY (Per Person) $ ALL OWNED M SCHEDULED AUTOS AUTOS BODILY INJURY (Per acddent) $ .. HIRED AUTOS AOTOSWNED WU p.�E $ C X UMBRaLLAL" X OCCUR CUE60760545M 5/1/2020 SIUM1 EACHOCCURREN'CS dX1960 AGGREGATE 20,000.000 EXCESS LIAO LAIMS,MA E CEO I X I RETENTION D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORMARTNERIEXECUTIVE Y! OFFICERIMEMSEREXCLUDED4 N NIA WA67040656 an/2020 W2021 E.LEACHACCIDENT $100oom EL. DISEASE -EA EMPLOYEE S1000,000 (Mandatory in NH) ayes dBStlibe under DESCRIPTION OF OPERATIONS bdw E.L. D)SEASE-POLICY LIMIT 1000000 E PR&OSSIMAY Pollution UabMly AECA03600504 5/112020 5/1/2021 Each Claim $10,000,000 Arr r"Me $20,000.000 ✓'� DESCRIPTION OF OPERA GONE i LOCATIONS I VEHICLES (ACORD 101, Ack ltlanel Remarks Sohedele, may be attached If more spaces Is mauled)-) Re: On -Call Water Resources. Additional Insured coverage applies to General Liability and Automobile Liability for City of Santa Ana, its officers, ampleyees, agents and representatives per policy form. Excess/Umbrella policyy follows form over underlyingpolicies: General LiabiilN Auto Liability &Employers Liability additional (additional Insured and waiver of subrogation a%ly). Professional Liability - Claims made form, OAOTTSe costs Included thin limit. Primary coverage applies to Liability and Automobile Liability per pot cy torm. If the Insurance company elacts,Jo cancel or non -renew coverage a 30 days written nodes of such cancellation or nonrenewai will be provided and 10 days for nonpayment of premium. �L// City Of Santa Ana RSk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana CA 92702 1ss ANgiE AmEdo— SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 014 Contractors., ucts-Completed This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: t. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily Injury, property damage or personal and advertising Injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only it: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. It. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10.01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph 1, above is deleted in its entirety and replaced by the following: WHO iS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional Insured on this coverage part, but only with respect to liability for bodily Injury, property damage or personal and advertising Injury arising out of your work that is subject to such written contract, Ili, Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A, coverage broader than required by the written contract or B, a higher limit of insurance than required by the written contract. IV, The insurance granted by this endorsement to the additional insured does not apply to bodily Injury, property damage, or personal and advertising Injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, Including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2, supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional Insured on another endorsement attached to this coverage part, V. Under COMMERCIAL GENERAL LIABILITY : _i%4A19li(3P}0W&titled Other Insurance is amended to add the following, which supersedes any pro"44 NmwiAjl!Kwipt0§i&pndition or elsewhere in this coverage part: Primary and Noncontributory Insurance Af g 2020 koNWOVIVAA (lu^90) Policy No: 6057040530 Page 1 of 2 ANgiE Acmdo Etfectivs Date: 05 / 01 / 2 02 0 Insured Name: Nv5 Global, tnc CepyrWA CNA All nights neservsd. kdudes w pyrightsd material 0Insurmnce aer*ss ofsce, Imn, Mth Ra permfssbn. Contractors Products -Completed With respect to other insurance available to the additional insured under which the additional insured is a named Insured, this insurance is primary to and will not seek contribution from such other Insurance, provided that a written contract requires the Insurance provided by this policy to be: 1, primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other Insurance available to the additional Insured. But except as specified above, this insurance will be excess of all other Insurance available to the additional insured. VI, Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL. GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim. 2. send the Insurer copies of all legal papers received, and otherwise cooperate with tits Insurer In the investigation, defense, or settlement of the claim; and 3. make available any other Insurance, and tender the defense and Indemnity of any claim to any other insurer or self -Insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part, However, if the written contract requires this Insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured Is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the insurer receives written notice of a claim from the additional insured, VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS Is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. Is currently In effect or becomes affective during the term of this policy: and B. was executed prior to: 1. the bodily injury or proporty damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, is effect on the effective date of said policy at the hour stated In said policy, unless another effective date is shown below, and expires concurrently with said Policy. REVIEWED & APPROVED By Risk MANA(IEMENt DIVISION Page 2of2 Effective Date: 05/01/2020 InsuredName:Nv5 Global, Inc. ANCjiEACEvEdo Copyright CNA All Rights Reserved, tndudos copyrighted material oflnsurmce swvicas office. fnc, wilt, ita permt$sion. Policy No: 6057040530 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products•completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below. and exoires concurrentiv with said Policv. REVIEWED & APPROVED By Risk MANAGEMENT DivisiON AP*020 ANgiE AMEdo CNA7162OXX (Ed.10/12) It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE 1. Paragraph A.I. Who is An Insured of Section 11— LIABILITY COVERAGE is amended to include as an additional insured the person or organization scheduled above, but only if you are required by "written contract" to make that person or organization an additional insured under this policy. 2, The Insurance provided to the additional insured is limited as follows: a. The person or organization to an additional Insured only with respect to "bodily injury' or "property damage" arising out of a covered "auto" and caused by your negligent acts or omissions or the negligent acts or omissions of someone, other than the additional Insured, for whom you are legally liable. b. The person or organization is not an additional insured for the person or organization's own acts or omissions, nor those of anyone, other then you, for whom the person or organization Is legally liable. c. We will not provide the additional insured any broader coverage or any higher limit of liability than the least that is: (1) Required by the "written contract'; or (2) Afforded to you under this policy. 8. Condition 2. Duties In the Event of Accident, Clain, Suit or Loss of Section IV — BUSINESS AUTO CONDITIONS Is amended to add the following conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: a. Give us written notice of an "acddenr which may result in a claim or "auit" under this insurance, and of any claim or "suit" that does result; b, Agree to make available any other insurance the additional insured has for a loss we cover under this policy; c. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit'; and d. Tender the defense and Indemnity of any claim or "suit"' to any other insurer or self Insurer whose policy or program applies to a loss we cover under this policy. But if the "wriffen contract" requires this insurance to be primary and non-contributory, this provision d. does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional Insured written notice of a "suit," 4. Only for the purpose of the Insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Writtan contract" means a written contract or written agreement that requires you to make a person or organization an additional insured under this policy, provided the contract or agreement: _ 1. Is currently in effect or becomes effective during the term of this policy; and c— 2. Was executed prior to the accident for which the additional insured seeks coverage under this policy. Page 1 of 2 Insured Name: NV5 GLOBAL, INC. — np�1.,� ,, AA �� 111 Copyright Oh#h;higk%WQd, Policy No: 6057040575 Endorsement No: Effective Date: 05/01/2020 All other terms and conditions of the Policy remain unchanged. Material used with permission of IBC? Properties, Inc 1' Insured Name: NV5 GLOBAL, INC. Ry Ri kWM a & APPROVED MENT OV aD AP 2020 ANGIE AcEVEdo CNA71526XX (Ed. 10/12) No: 6057040676 No: Effective bate; 05/01./2020 Copyright CNA AN Rights Reserved. •. 6057040675 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER Y TRANSFER �. RIGHTS �. RECOVERY M OTHERSAGAINST R (WAIVER !. This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: NV5 Global, Inc Endorsement Effective Date: 05/01/2020 SCHEDULE Or Organization(s): PERSON OR ORGANIZATION AGAINST WHOM HAVE AGREED TO NAIVE SUCH RIGHT OF VERY IN A WRITTEN CONTRACT OR information required to complete this Schedule, It not she The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation Is waived prior to the "accident" or the "loss" under a contract with that person or organization, REVIEWED & APPROVED By Risk MANAgEMENr DIVISION APR 2020 ANgiE ACFVFdO GA 04 44 0310 Copyright, Insurance Services Office, Inc., 2009 Pago 1 of t dby Samantha M. Sagianth igneam Samantha M. Lambert Date: 2022 nc 12 12•31 •» ACORO® CERTIFICATE OF LIABILITY II�l�teiVCc-°'°°'"y `J DATE (MM/DD/YYYY) 5/l/2023 4/29/2022 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 Lockton Companies CONT NAMEACT 3280 Peachtree Road NE, Suite #250 Atlanta GA 30305 (404) 460-3600 PHONE FAX ExY : A/C No E-MAILo ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: The Continental Insurance Company 35289 INSURED NV5 Me. 1491108 163 Technology Drive INSURER B: National Fire Insurance Co of Hartford 20478 INSURER C : Transportation Insurance Company 20494 INSURER D : National Fire and Marine Insurance Co 20079 Suite 100 Irvine CA 92618 INSURER E INSURER F : COVERAGES Irvine CERTIFICATE NUMBER: 17540928 REVISION NUMBER: XXXXXXX 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/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE XOCCUR Contractual Liab Y N 7014856125 5/1/2022 5/1/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE PREM SESOEa oNcurrDence $ 1,000,000 X MED EXP (Any one person) $ 15,000 X Cross Liab lncl PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n PRO - POLICY F-1 LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY Y N 7014842659 5/1/2022 5/1/2023 COEaMBINED ident SINGLE LIMIT acc $ 1,000,000 X BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE Per accident $ XrXXXXXX $ XXXXXXX A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE N N 7014841883 5/1/2022 5/1/2023 EACH OCCURRENCE $ 20,000,000 AGGREGATE $ 20,000,000 DED X RETENTION $ $0 $ XXXXXXX B C AND EMPLOYERS' LIABILITY WORKERS COMPENSATION ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? FNI (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A N 7014842824 AOS 7014842810(CA) 5/1/2022 5/1/2022 5/1/2023 5/1/2023 X STATUTE EERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D A A Prof/Poll Liab Bus Per Prop Leased/Rented Equip N N 42-EPP-321328-01 7014856125 7014900785 5/1/2022 5/1/2022 5/1/2022 5/1/2023 5/1/2023 5/1/2023 Ea. Claim/Agg. $10M/$20M Limit$18,016,286 Limit $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 17540928 City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED THE EXPIRATION DATE THEREOF, N ACCORDANCE WITH THE POLICY PROVISI AUTHORIZED a 1tWeM wmtDMsEmt <" �� REVIEWED&APPROVED By., 13hKManagement$upervrsor ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD TION. All riahts reserved. CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required) Re: On -Call Water Resources. Additional Insured coverage applies to General Liability and Automobile Liability for City of Santa Ana, its officers, employees, agents and representatives per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply). Professional Liability - Claims made form, defense costs included within limit. Primary coverage applies to General Liability and Automobile Liability per policy form. If the insurance company elects to cancel or non -renew coverage a 30 days written notice of such cancellation or nonrenewal will be provided and 10 days for nonpayment of premium. w,k�f D REVIEWED & Mmovm By. 1 i5K Man agement$upervrsor ACORD 25 (2016/03) Certificate Holder ID: 17540928 Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed erations Coveraae Endorsemen This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or el coverage part: eEv�eow Primary and Noncontributory Insurances '-110M Ri5K Management Supervisor n Page 1 of 2 Effective Date: 0 5 / 01 / 2 02 2 Insured Name: NV5 Global, Inc Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed erations Coveraae Endorsemen With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below. and exoires concurrentiv with said Policv. Page 2 of 2 w,k�e REVIEWED &APPRovm By. 139 K Management$upervesor Effective Date: 0 5 / 01 / 2 02 2 Insured Name: Nv5 Global, Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Attachment Code: D587566 Master 1D: 1491108, Certificate ID: 17540928 Policy No: 7014856125 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. w,k�e REVIEWED&APPRovm By. �� 1 i5K Man agement$upervrsor Attachment Code: D587568 Master 1D: 1491108, Certificate ID: 17540928 It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. REVIEWED&APPRovm By. 139 K Management$upervrsor Form No: CNA68021XX (02-2013) Endorsement Effective Date: 05/01/2022 Policy No: 7014856125, 7014842659,7014841883 Attachment Code: D587561 Master ID: 1491108, Certificate ID: 17540928 CO►1_1 ADDITIONAL• 'SEMENT - CONTRA OBLIGATION C NA71526XX (Ed. 10112) It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization AS REQUIRED BY CONTRACT 1. Paragraph A.1. Who Is An Insured of Section II - LIABILITY COVERAGE is amended to include as an additional insured the person or organization scheduled above, but only if you are required by "written contract" to make that person or organization an additional insured under this policy. 2. The insurance provided to the additional insured is limited as follows: a. The person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of a covered "auto" and caused by your negligent acts or omissions or the negligent acts or omissions of someone, other than the additional insured, for whom you are legally liable. b. The person or organization is not an additional insured for the person or organization's own acts or omissions, nor those of anyone, other than you, for whom the person or organization is legally liable. c. We will not provide the additional insured any broader coverage or any higher limit of liability than the least that is: (1) Required by the "written contract"; or (2) Afforded to you under this policy. 3. Condition 2. Duties In the Event of Accident, Claim, Suit or Loss of Section IV - BUSINESS AUTO CONDITIONS is amended to add the following conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: a. Give us written notice of an "accident" which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; b. Agree to make available any other insurance the additional insured has for a loss we cover under this policy; c. Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and d. Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this policy. But if the "written contract" requires this insurance to be primary and non-contributory, this provision d. does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement unt -, REVIEWED& APPRov from the additional insured written notice of a "suit."i.494 '-110M Risk Management Supervisor Attachment Code: D587561 Master ID: 1491108, Certificate ID: 17540928 4. Only for the purpose of the insurance provided by this endorsement, SECTION V - DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured under this policy, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to the accident for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. Policy No: 7014842659 Effective Date: 5/1/2022 Insured Name: NV5, Inc. CNA71526XX (Ed. 10/12) w,k�e REVIEWED&APPROvm By. �� 1 i5K Man agement$upervrsor Attac : D587560 Master 1D: 1491108, Certificate ID: 17540928 CNA71527XX (Ed. 10/12) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 w,k�e REVIEWED&APPRovm By. 139 K Management$upervesor Policy Endorsement No: Effective Date: 0 5/ 01 / 2 0 2 2 Insured Name: NV5 GLOBAL, INC. Copyright CNA All Rights Reserved. Attachment Code: D587563 Master 1D: 1491108, Certificate ID: 17540928 POLICY NUMBER: 7014842659 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE 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 modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: NV5 Global, Inc Endorsement Effective Date: 05/01/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE SUCH RIGHT OF RECOVERY IN A WRITTEN CONTRACT OR AGREEMENT. Information reauired to complete this Schedule. if not shown above. will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident' or the "loss" under a contract with that person or organization. w,k�e REVIEWED&APPROVED BY. 1 i5K Man agement$upervrsor CA 04 44 03 10 © Insurance Services Office, Inc., 2009 Page 1 of 1 1--] Attachment Code: D587582 Master 1D: 1491108, Certificate ID: 17540928 MW 11""I Policy No. 7014842824 i IIIk Dues w '��� ul° IIII uu � liii uu We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. rate endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, s effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Policy : 701 REVIEWED &APPRovm By. 139 K Management$upervesor Endorsement Effective Date 05/01/2022 Attachment Code: D587581 Master ID: 1491108, Certificate ID: 17540928 CNA POLICY NO: 7014842824 WORKERS COMPENSATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC00 03 13 (04-1984) Endorsement Effective Date: 5/1/2022 Policy: 7014842824 REVIEW EO & APPROVm BY.. �� 1 i5K Man agement$upervrsor Attachment Code: D587581 Master ID: 1491108, Certificate ID: 17540928 CNA WORKERS COMPENSATION TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. [ ] Specific Waiver [X] Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: Waiver of Subrogation Operations Premium: The premium charge for this endorsement shall be premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 1. Advance Premium: Waiver of Subrogation Advance Premium All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No:WC.:42 03 04 B (06-2014) Endorsement Effective Date:05/01/2022 Policy No. 7014842824 w,k�e REVIEWED&APPROVED BY. �� 1 i5K Man agement$upervrsor Attachment Code: D587581 Master ID: 1491108, Certificate ID: 17540928 CNA UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page. 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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties. Schedule Any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement All other terms and conditions of the policy remain unchanged. :his endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 43 03 05 (07-2000) Endorsement Effective Date: 05/01/2022 Policy No. 7014842824 REVIEW EO & APPROVm BY.. �� 1 i5K Man agement$upervrsor Attachment Code: D587584 Master 1D: 1491108, Certificate ID: 17540928 Policy No. 7014842810 W due ini' i3 "„t1l t l�t�w,1r9U �fV� 1,� U1f� This endorsement changes the policy to which it is attached. It is agreed that Part One -' 'Workers' Compensation Insurance G. Recovery From Others and (Part Two -' Employers' ILIa'blllity Insurance Ih'I. IRecovery From Others alre alrnen'ded by adding the following: We will not 'enforce our night to recover against persons or organizations. (This agreement applies only to the extent that you perform work rounder a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure, The amount is Blanket Waiver of Subrogation Percentage Charge , All other terms and conditions of the policy Iremain unchanged. This endorsement„ which forms a part of and 'is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Iffectiwre date of said policy at the hour stated in said policy, unless another effective date (the IEndorsement IEffective IMDate) is shown Ibelow, and expires concurrently with said policy unless another expiration date is shown Ibelow. x+,kre REVIEW EO & APPRovm By.. 139 K Management$upervesor Forma No: - 19 1'00-I ICY 1-'1 7) POl Endorsement Effective (Date; L05/01/2022 Attachment Code: D587579 Master 1D: 1491108, Certificate ID: 17540928 lull/ iJr!� nl211 '�/., It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021A (02-2013) Endorsement Effective Date: 05/01/22 © CNA All Rights Reserved. Policy Now REVIEWED&APPRovm By. 1 i5K Management$upervrsor Attachment Code: D585737 Master ID: 1491108, Certificate ID: 17540928 Contractor's Equipment Coverage Coverage: Contractor's Equipment Carrier: Continental Insurance Company Effective: 5/ 1/22-5/ 1/23 Policy Number: 7014900785 Blanket Policy Limit: $5,511,318 Limit Per Item: $500,000 Blanket Short -Term Equipment Leased, Borrowed, or Rented From Others Limit: $500,000 Per occurrence/item w,k�e REVIEWED &APPROvm By. �� 1 i5K Man agement$upervrsor 7ATE (MMIDDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 5/1/20251/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADD'TI A,_ IRy UKP, the policy(ies) st have ADDITIONAL INSURED provisions or be endorsed. nSUBROGATICM IS WAIVED, subject to the tel ms a �(c`bj�� Apfgy�,ri�/�olicies may require an endorsement. A statement on lAs Me fiEa�i AdMt confer riohts to the certi `icate h er in lied of su endorsement(s). /ROr)rd1tR ILO't #Fn1CNmpanies Angie AceLockton 3 eachtree Road NE, Suite 41000 Atlanta GA 30305 AC(6 3 Date. 202 do — Technical Services H (404) 460-3600 FAx IC No Ext : A/c No E VSCerts@lockton.com INSURER(S) AFFORDING COVERAGE NAIC # u . Hartford Fire Insurance Company 19682 _ INSURED NV_5,Inc. 1491108 133 Technology Drive Suite 200 Irvine CA 92618 INSURER B:Navigators Specialty insurance Company 36056 INSURERC: Twin City Fire Insurance Company 29459 INSURER D : Everest Indemnity Insurance Company 10851 INSURER E : National Fire and Marine Insurance CO 20079 INSURER F : COVERAGES Irvine CERTIFICATE NUMBER: 171 (fIA 71(, REVISION NUMBER: XXXXXXX 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/DDIYYYY POLICY EXP W MMIDD/YY LIMITS A X COMMERCIAL GENERAL LIABILITY y y 21 CSE S88600 5/l /2024 5/1/2025 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 JPRO- POLICY LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: A AUTOMOBILE LIABILITY y y 21 CSE S88601 5/1/2024 5/1/2025 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X BODILY INJURY (Per person) $ XXXXXXX ANY AUTO BODILY INJURY (Per accident) $ XXXXXXX OWNED SCHEDULED AUTOS ONLY AUTOS X PROPERTY DAMAGE Per accident $ XXXXXXX HIRED X NON -OWNED ONLY AUTOS ONLY $XXXXXXX B X UMBRELLA LIAB X OCCUR N N GA24EXRZOD`VT51C 5/1/2024 5/1/2025 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ $0 $ XXXXXXX C WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) H I A y 22 WE BE9P58 5/l /2024 5/1/2025 X STATUTE OER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Excess Liab N N XC3EX00564-241 5/1/2024 5/1/2025 Ea. Claim/Agg. $1OM/$1OM E Prof/Poll Liab 42-EPP-321328-03 5/l/2024 5/1/2025 Ea. Claim/Agg. $10NI120M A Bus Per Prop 22 UIJN AF9909 5/l /2024 5/1/2025 Limit $20,415,609 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) *SEE PAGE TWO* 17506716 City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th floor Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRC oR.N a RA Mougmumt DMslcrn AUTHORIZED REPRIESENTATIVE! REVIEWED & APPROVED BY: Risk Management Specialist ACORD 25 (2016/03) © 1988-2016 AC The ACORD name and logo are registered marks of ACORD CONTINUATION DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS (Use only if more space is required) Attachment Code: D646207 Master ID: 1491108, Certificate ID: 17506716 NV5 Global Workers Compensation Insurer by State Alaska - Twin City Fire Insurance Company Alabama - Twin City Fire Insurance Company Arkansas - Twin City Fire Insurance Company Arizona - Twin City Fire Insurance Company California - Sentinel Insurance Company Colorado - Twin City Fire Insurance Company Connecticut - Twin City Fire Insurance Company District of Columbia - Twin City Fire Insurance Company Delaware - Twin City Fire Insurance Company Florida - Twin City Fire Insurance Company Georgia - Property & Casualty Insurance Company of Hartford Hawaii - Hartford Underwriters Insurance Company Iowa - Twin City Fire Insurance Company Idaho - Twin City Fire Insurance Company Illinois - Twin City Fire Insurance Company Indiana - Twin City Fire Insurance Company Kansas - Twin City Fire Insurance Company Kentucky - Twin City Fire Insurance Company Louisiana - Twin City Fire Insurance Company Massachusetts - Sentinel Insurance Company Maryland - Twin City Fire Insurance Company Maine - Twin City Fire Insurance Company Michigan - Twin City Fire Insurance Company Minnesota - Nutmeg Insurance Company Missouri - Hartford Underwriters Insurance Company Mississippi - Twin City Fire Insurance Company Montana - Twin City Fire Insurance Company North Carolina - Hartford Insurance Company of the Southeast North Dakota - Twin City Fire Insurance Company Nebraska - Twin City Fire Insurance Company New Hampshire - Twin City Fire Insurance Company oR,N a Risk ManagementDMsian f ° REVIEWED & APPROVED BY: 1" Risk Management Specialist Attachment Code: D646207 Master ID: 1491108, Certificate ID: 17506716 New Jersey - Hartford Underwriters Insurance Company New Mexico - Hartford Insurance Company of the Southeast Nevada - Twin City Fire Insurance Company New York - Hartford Accident and Indemnity Insurance Company Ohio - Twin City Fire Insurance Company Oklahoma - Twin City Fire Insurance Company Oregon - Twin City Fire Insurance Company Pennsylvania - Twin City Fire Insurance Company Rhode Island - Twin City Fire Insurance Company South Carolina - Twin City Fire Insurance Company Tennessee - Twin City Fire Insurance Company Texas - Hartford Underwriters Insurance Company Utah - Twin City Fire Insurance Company Virginia - Twin City Fire Insurance Company Vermont - Twin City Fire Insurance Company Washington - Twin City Fire Insurance Company Wisconsin - Hartford Casualty Insurance Company West Virginia - Twin City Fire Insurance Company Wyoming - Twin City Fire Insurance Company oR,N a Risk ManagementDMsian REVIEWED & APPROVED BY: Afg Aezv 1" Risk Management Specialist Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'bur" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: HG 00 01 09 16 Page 1 of 21 (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice And Good Samaritan Coverage "Bodily injury" arising out of the rendering of or failure to render the following health care services by any "emr worker" shall be deer oR. RA ManagementDMslcn "occurrence" for: f E°x� REVIEWED&APPROVED BY. 11" Risk Management Specialist © 2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 (1) Professional health care services such as: (a) Medical, surgical, dental, laboratory, x- ray or nursing services or treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (c) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or (2) First aid services, which include: (a) Cardiopulmonary resuscitation, whether performed manually or with a defibrillator; or (b) Services performed as a Good Samaritan. For the purpose of determining the limits of insurance, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". However, this Incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision. 2. Exclusions This insurance does not apply to: 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. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability Risk Management Division "Bodily injury" to:r E REVIEWED&APPROVED BY. (1) An "employee" of �I Ae and In the course W---�Risl<Management Specialist y NJ Page 2 of 21 HG 00 01 09 16 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out from a "ho, � Ern RAAk� D�� REVIEWED & MPROVED BY. (e) At or from °I III Afg Ae location on wi Risk Management Specialist contractors or HG 00 01 09 16 Page 3 of 21 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". 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 "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or actio authority in hin any of these. Damage To Prope "Property damage n takan by nrniarnmantP1 dei Ride ManagementDMslcrn f e ° REVIEWED & APPROVED BY. rtY " t(1" Risk Management Specialist Page 4 of 21 HG 00 01 09 16 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, Mslm inability to manipt R_s& D&MP ret MBY. f e °� REVIEWED & PaPPROVm BY: This exclusion applie 111 claimed for notificatic ARM_s Disk Management Specialist monitoring expenses V NJ HG 00 01 09 16 Page 5 of 21 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any "employment — related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment -related practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos (1) "Bodily injury" or "property damage" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". s. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will harlofo A fl— insured against any' RA ManagementDMslcn for "personal and ads si e o REMFEWEo & APPROVED BY. this insurance does r , 1" Risk Management Specialist y NJ Page 6 of 21 HG 00 01 09 16 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. i.Infringement Of Intellectual Property Rights (1) "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, trade dress, service mark or other designation of origin or authenticity; or (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) Infringement, in your "advertisement", of: (a) Copyright; (b) Slogan; or (c) Title of any literary or artistic work; or (2) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclus Paragraphs a., b. am Nye RA ManagementDiviaian „ f °� REVIEWED & MPROvm BY. personal and advert si Definitions Section. I 1 " Disk Management Specialist y NJ HG 00 01 09 16 Page 7 of 21 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. t. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohit . dissemination, di, oR. RA ManagementDiviaian recording, sendin f E°x REVIEWED&APPROVED BY. communicating of or information. Risk Management Specialist y NJ Page 8 of 21 HG 00 01 09 16 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 u. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment — related practices"; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment -related practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". w. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured c you own or rent that oR. RA ManagementDMsian occupies. f a°' RWLo&MPRwmBY. Workers Compensatic 1" Risk Management Specialist To a person, whethe HG 00 01 09 16 Page 9 of 21 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 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. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 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. e. All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A— Bodily Inji Damage Liability, such F E RA ManagementDiviaian deemed to be damages =f °x Re�eo&AaPRovmBY. "property damage" and � Afg Ae ' of insurance. -- Risk Management Specialist Page 10 of 21 HG 00 01 09 16 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" 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 employment 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 that "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 (1)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services: (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any "employee" or "volunteer worker" providing first aid services; and (b) Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or uGP of that nrnnartu• and (2) Until your legal i appointed. d. Legal Representath Your legal represe �f oR.N Risk ManagementDMsian f e ° REVIEWED & MPROvm BY. ,e Aezv ,}, M Risk Management Specialist HG 00 01 09 16 Page 11 of 21 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, 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 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 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. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged (e) Any failure t adjustments Page 12 of 21 HG 00 01 09 16 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, 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 "occurrence" 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 services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", RA ManagementDiviaian "personal and ad) eo REMEWED & APPROVED BY. out of operations Or municipality; OI 199 �W Risk Management Specialist y NJ HG 00 01 09 16 Page 13 of 21 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or @MPUYFROG, W%04V fM*oNA@rs by that insured, if the 'occurrence" 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 services by or for you. The limits of insurance that apply to additional insureds is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. 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. SECTION III — LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products - completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above Each Occurrence Limit i E RisleManagamerttDiviaian the sum of: =f °x RWLYCIED&MPRovmBY. a. Damages under Cove I 1 " Disk Management Specialist y NJ Page 14 of 21 HG 00 01 09 16 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 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 any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additio such claim or "suit" ti oR. RA Mougmumt DMslcn defense and indemni If a°x RE\AEWEo&APPROVED BY. However, this provisi extent that you have ����Risk Management Specialist y NJ HG 00 01 09 16 Page 15 of 21 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership; (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess. contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract Risk Management Division This insurancE RWLAVEo&MPR(WMBY. agreed in a wr agreementthc Risk Management Specialist primary. If oth Page 16 of 21 HG 00 01 09 16 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have Coverage Part, thosE RA ManagementDMslcn us. The insured muss y eRWeIVEo&MPRovmBY. 1" Risk Management Specialist V NJ HG 00 01 09 16 Page 17 of 21 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Anvothor land vehicle trat is sub' t a c pu sory or inancia response i ityQaw or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: a. I nj u ry; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 8. "Employment -Related Practices" means: a. Refusal to employ that person; b. Termination of that person's employment; or c. Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. Risk Management Division 10."Hostile fire" means f e'x REVIEWED&APPROVED BY. uncontrollable or breaks `N Afg Aezv ' Intended to be. Disk Management Specialist V NJ Page 18 of 21 HG 00 01 09 16 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 11."Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. 12."Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section III — Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13."Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road constru( equipment such RAMougementDMslcn rollers; If e� RE\AEWEo&APPROVED BY. e. Vehicles not describe that are not self -prop 199 ` WPM Risk Management Specialist y NJ HG 00 01 09 16 Page 19 of 21 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 18."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Prod ucts-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or nr i ini iemrl materials; or RAManagementDiviaian (3) Products or op f °x ReMeWEo&APPROVED BY. classification, liste ' in a policy Schedi Risk Management Specialist y NJ Page 20 of 21 HG 00 01 09 16 Attachment Code: D587565 Master ID: 1491108, Certificate ID: 17506716 completed operations are subject to the General Aggregate Limit. 20."Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21."Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. LL. IG11� VI � vv Vlf�Gl 11 c Ids a elsVll VVl ll.! IJ furn,14W cTtlo you to suoslitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker" means a person who a. Is not your "employee"; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d.Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25."Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. �,�P_", Risk ManagementDMsian �II f °;' REVIEWED & APPROVED BY. °� Afg Aezv 1" Risk Management Specialist V NJ HG 00 01 09 16 Page 21 of 21 Attachment Code: D587568 Master ID: 1491108, Certificate ID: 17506716 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE This policy is subject to the following additional Conditions: If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided to the certificate holder(s) with mailing addresses on file with the agent of record. Such notice will be provided within 30 days of the Company's receipt of certificate holder(s) information from the agent of record. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term oR,N a Risk ManagementDMsian °� f ' REVIEWED & APPROVED BY. Aezv 1" Risk Management Specialist Form IH 03 22 08 12 © 2012, The Hartford