Loading...
HomeMy WebLinkAboutSULLY-MILLER CONTRACTING COMPANY (BRISTOL ST. IMPROVEMENTS FROM WARNER AVE. TO ST. ANDREW PL.) INSURANCE ON FILE WORK MAY PROCEED 0FIL INSURA:F,1. F XPIRES CITY OF SANTA ANA � , CA]E, 'APR 0 8 2015 CONSTRUCTION CONTRACT AGREEMENT PROJECT 11-6741 & 19-6499 BRISTOL STREET IMPROVEMENTS FROM WARNER AVENUE TO SAINT ANDREW PLACE AND PO RI M BRISTOL STREET(PHASE 4)WATER MAIN IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 4t' day of March, 2025 by and between the City of Santa Ana,California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Sully-Miller Contracting Company(hereinafter"CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named,mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Bristol Street Improvements From Warner Avenue To Saint Andrew Place And Bristol Street(Phase 4)Water Main Improvements Project(hereinafter referred to as the"WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the"Contract Documents"as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Twenty-Two Million Three Hundred Fifty-Four Thousand Four Hundred Ninety-Two Dollars and Twenty-Five Cents($22,354,492.25), as set forth and identified in the BID PROPOSAL,which is attached hereto and incorporated herein as Exhibit"A". The BID PROPOSAL contains a schedule of unit price(s)or lump sum(s)based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith,but reserves the right to increase or decrease the amount of any rev.08/01/2023 Page 1 of 3 class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay,and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement,which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work(Performance Bond),and one in the amount of One Hundred Percent(100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. S. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond(Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars($500,000),the Warranty Bond amount shall be the greater of Ten Thousand Dollars($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars($500,000),the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000)or Ten Percent(10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions,to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from,or in any manner relating to,any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; Page 2 of 3 (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury,property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA :: �ji L. ALVARO NUNEZty Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Sully-Miller Contracting Company y DocuSigned by: By: K,ic Nellesen a "JeWealterio Assistant City Attorney TITLE: Assistant Secretary RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Saba Nabil J C a a Date:2025.02.13 14:54:14-08'00' NABIL SABA, PE Executive Director Public Works Agency Page 3 of 3 CERTIFICATE OF INCUMBENCY AND RESOLUTION I, Anthony L. Martino, 11, do hereby certify that I am the Secretary of Sully-Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE NAME Chairman Of The Board Marcus Leavitt President William Joseph Thomas Boyd Vice President, CFO,Treasurer Jae Won and Assistant Secretary Vice President and Assistant Secretary Scott Bottomley Secretary Anthony L. Martino,II Assistant Secretary Jeff Galterio Assistant Secretary Mark Pachura I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on December 14, 2023, and that this resolution has not been in any way rescinded, annulled, or revoked but the same is still in full fore and effect: BID TENDERS: GENERAL RESOLVED, that any officer of the Corporation be and they hereby are authorized in the name and on behalf of the Corporation, under its corporate seal or otherwise (i) to prepare proposals and bids for the supplying of construction materials and the performance by itself or in joint venture, of work of whatsoever nature in connection with the construction or paving of highways, roads and airports and in connection with earthworks and civil engineering projects of all kinds, together with all work incidental thereto, (ii) to execute and submit any and all such proposals and bids to any governmental authority, instrumentality, or agency of the United States, its several states,territories and possessions, including without limitation, any municipality or other political or corporate subdivision thereof, and to any corporation, partnership, sole proprietorship, or other business entity, (iii) in connection with any such submission, to deliver bid deposits or bonds as may be required and (iv) to execute and deliver definitive agreements binding the Corporation to perform work in accordance with any proposals and bids authorized hereby. IN WITNESS WIIEREOF, I have hereunto set my hand and affixed the corporate seal this 8th day of April 2024. By: (SEAL) Antho .Martino, II Secretary Sully-Miller Contracting Company 135 S. State College Blvd., Ste. 400 Brea, CA 92821 Docusign Envelope ID:91F206F5-424B-431A-B7E6-95AB3921ADA6 EXHIBIT A CITY OF SANTA ANA ADDENDUM No. ONE Project 11-6741 PROPOSAL Project 19-6499 PROJECT NO.: 11-6741 - BRISTOL STREET IMPROVEMENTS FROM WARNER AVENUE TO SAINT ANDREW PLACE PROJECT NO.: 19-6499 -BRISTOL STREET (PHASE 4)WATER MAIN IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Sully—Miller Contracting Company REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 22,740 CY $ $ 72.00 1,637,280.00 2 Clearing and Grubbing 1 LS $ $ 925000.00 925000.00 3 Asphalt Concrete Pavement(AC)* 18,676 TN $ $ 140.00 2,614,640.00 4 Cold Mill (3") 10,741 SF $ $ 6.00 64,446.00 5 Asphalt Rubber Hot Mix(ARHM) 3,922 TN $ $ 134.00 525,548.00 6 Crushed Aggregate Base—Class II(CAB)* 1,500 Cy $ $ 125.00 187,500.00 7 PCC Sidewalk(T=4") 56,120 SF $ $ 6.50 364,780.00 8 PCC Driveway Approach(Commercial=8") 3,680 SF $ $ 12.50 46,000.00 9 PCC Driveway Approach(Residential=6") 1,955 SF $ $ 18.75 36,656.25 10 PCC Curb Ramp 3,680 SF $ $ 22.00 80,96.00 11 PCC Curb and Gutter(Type A-2-8) 5,290 LF $ $ 36.00 190,440.00 P-1 of P-23 s Docusign Envelope ID:91F206F5- 24B-431A-B7E6-95AB3921ADA6 ADDENDUM No. ONE . CITY OF SANTA ANA Project 11-6741 PROPOSAL Project 19-6499 PROJECT NO.: 11-6741 - BRISTOL STREET IMPROVEMENTS FROM WARNER AVENUE TO SAINT ANDREW PLACE PROJECT NO.: 19-6499 -BRISTOL STREET (PHASE 4)WATER MAIN IMPROVEMENTS Item Description Qty Unit Unit Price Amount 12 PCC Curb and Gutter(Type A-2-6) 1,035 LF $ $ 47.50 49,162.50 13 PCC Curb(Type B-1) 4,945 LF $ $ 33.00 163,185.00 14 PCC Median Curb(4") 460 LF $ $ 32.00 14,720.00 15 Colored Concrete for Median Turn Pocket— 2,875 SF $ $ Brick Red,Topcast Exposed Aggregate Finish(T=4") 13.50 38,812.50 16 Colored Concrete—Brick Red,Topcast 3,740 SF $ $ Exposed Aggregate Finish(T=6") 23.0 86,020.00 17 Concrete Bus Pad 8,970 SF $ $ 14.00 125,580.00 18 Concrete Bus Pad—with Dowels 552 SF $ $ 36.00 19,872.00 19 PCC Protected Bike Lane(6") 805 LF $ $ 32.00 25,760.00 20 Adjust Manhole Frame and Cover to Finished 17 EA $ $ Grade 2,100.00 35,700.00 21 Furnish and Install New Water Valve Frame 7 EA $ $ and Cover 2,800.00 19,600.00 22 Furnish and Install Survey Monument to 1 EA $ $ Finished Grade 2,200.00 2,200.00 23 Adjust Manhole Frame&Cover per OC San 2 EA $ $ Std. 4,300.00 8,600.00 24 Traffic Signal Modification at Bristol St and 1 LS $ $ Warner Ave 154,000.00 154,000.00 25 Traffic Signal Modification at Bristol St and 1 LS $ $ 418,000.00 Glenwood Pl. 418,000.00 26 Traffic Signal Modification at Bristol St and I LS $ $ 167,000.0 St.Andrew Pl. 167,000.00 27 Install 2"PVC Conduit per Plan 250 LF $ $ 100.00 25,000.00 28 Install 3"PVC Conduit per Plan 3,000 LF $ $ 65.00 195,000.00 P-2 of P-23 Doousfgn Envelope ID;91F206F54248431A-B7E6-95AB3921ADA6 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 11-6741 - BRISTOL STREET IMPROVEMENTS FROM WARNER AVENUE TO SAINT ANDREW PLACE PROJECT NO.: 19-6499-BRISTOL STREET(PHASE 4)WATER MAIN IMPROVEMENTS .Item Description Qty Unit Unit Price Amount 29 Install 4"PVC Conduit per Plan 440 LF $ $ 100,00 44,000.00 30 Install No. 6 Pull Box 20 EA $ $ 2,500.00 50,000.00 31 Install No.613 Pull Box 8 EA $ $ 2,500.00 20,000.00 32 Install SCE Pull Box 1 EA $ $ 5,000.00 5,000.00 33 Install Traffic Signal Loop Detector(Type E 12 EA $ $ Loop) 1,000.00 12,000.00 34 Install CCTV&1P Communication System I LS $ $ 35,000.00 35,000.00 35 Install 144 Strand SMFO Cable 3,700 LF $ $ 10.00 37,000.00 36 Install 12 Strand SMFO Cable 200 LF $ $ 10.00 2,000.00 37 Fusion Splice 1 Shand of Single Mode Fiber 156 EA $ (SMFO) 100.00 15,600.00 38 Install Fiber Optic Splice Closure l EA $ $ 5,000.00 5,000.00 39 Pothole Traffic Signal Pole Location for 12 EA $ $ Utility Conflicts 3,000.00 36,000.00 40 Temporary Overhead Wiring at Traffic 1 LS $ $ Signals 46,000.00 45,000.00 41 Street Lighting Installation 1 LS $ $ 747,000.00 747,000.00 42 8"PVC Class 305(DR 14)C900 Pipe 1,300 LF $ $ 350.00 455,000.00 43 12"PVC Class 305(DR 14)C900 Pipe 2,700 LP $ $ 435.00 1,174,500.00 44 1"Copper Water Service 14 EA $ $ 7,000.00 98,000.00 45 2"Copper Water Service 1 EA $ $ 21,000.00 21,000.00 P-3 of P-23 Docusign Envelope ID:91F206F5-424B-431A-B7E6-95AB3921ADA6 CITY OF SANTA ANA PROPOSAL PROJECT NO.., 11-6741 -BRISTOL STREET IMPROVEMENTS FROM WARNER AVENUE TO SAINT ANDREW PLACE PROJECT NO.; t9-6499 -BRISTOL STREET (PHASE 4)WATER MAIN IMPROVEMENTS item Description Qty unit Unit Price Amount 46 6"Fire Service 1 EA $ $ 48,000.00 48,000.00 47 Fire Hydrant 1 i EA $ $ 24,000.00 264,000.00 48 8"Resilient Wedge Gate Valve 12 EA $ $ 4,500.00 54,000.00 49 12"Resilient Wedge Gate Valve 7 EA $ $ 6,700.00 46,900.00 50 Steel Casing 150 LF $ $ 310.00 46,500.00 51 Abandon Existing Water Service 30 EA $ $ 310.00 9,300.00 52 Abandon Existing Fire Service 1 EA $ $ 2,500.00 2,500.00 53 Abandon Existing Sewer Lateral 34 EA $ $ 2,600.00 88,400.00 54 CCTV Inspection of Existing Sewer Main 6,000 LF $ $ 5.00 30,000.00 55 CCTV Inspection of Existing Sewer Laterals 40 EA $ $ 1,300.00 52,000.00 56 Vertical Offset Type 1 (As-Needed)* 4 EA $ $ 7,700.00 30,800.00 57 Vertical Offset Type 2 3 EA $ $ 18,400.00 55,200.00 58 Additional Potholing(As-Needed)* 13 EA $ 2,300.00 29,900.00 59 8'High Sound Wall(including footing) 2,750 L1; $ $ 438.00 1,204,500.00 60 Ornamental Wall(including footing) 500 LF $ $ 1,000.00 500,000.00 61 2222 S,Bristol St.-Wall Reconstruction 1 LS $ $ 7,500.00 7,500 62 1306 W. Saint Anne Pl. -Wall 1 LS $ $ Reconstruction 7,500.00 7,500.00 P-4 of P-23 Docuslgn Envelope ID:91F206F5424B-431A-B7E6-95AB3921ADA6 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 11-6741 - 13RISTOL STREET IMPROVEMENTS FROM WARNER AVENUE TO SAINT ANDREW PLACE PROJECT NO.: 19-6499 -BRISTOL STREET(PHASE 4)WATER MAIN IMPROVEMENTS Item Description Qty Unit Unit Price Amount 63 Trench Shoring&Plating 1 LS $ $ 1,150,000.00 1,160,000.00 64 18"RCP SD(2500-D)per City Standard Plan 310 LF $ $ 1150 700.00 217,000.00 65 24"RCP SD(2500-D)per City Standard 40 LF $ $ Plan 1150 1,000.00 40,000.00 66 30"RCP SD(2500-D)per City Standard Plan 60 LF $ $ 1150 1,000.00 60,000.00 67 48"RCP SD(1750-D)per City Standard Plan 2,520 LF $ $ 1150 925.00 2,331,000.00 68 Reinforced Concrete Collar(D�18")per City 3 EA $ $ Standard Plan 320 1,300.00 3,900.00 69 Reinforced Concrete Collar(D=24")per City 1 EA $ $ Standard Plan 320 1,300.00 1,300.00 70 Junction Chamber Typc'B'per City Standard 12 EA $ $ Plan 307 20,000.00 240,000.00 71 Catch Basin Type'B'(W=7')including Local 9 EA $ $ Depression per City Standard Plan 302 and 305 16,000.00 144,000.00 72 Catch Basin Type`13'(W=2F)including 2 EA $ $ Local Depression per City Standard Plan 303 and 305 28,000.00 66,000.00 73 Concrete Pipe Support per SPPWC Standard 2 EA $ $ Plan 224-2(Case I-36"MWD) 4,000.00 8,000.00 74 Wrap Proposed 18"Diameter Pipe with 24 200 LF $ $ Mil Polyethylene Liner 200.00 40,000.00 75 Abandon Existing 24"Storm Drain and 90 LF $ $ Backf ll per STD 1212 62.00 5,580.00 76 Remove Existing 21"Storm Drain Line 20 LF $ $ 300.00 6,000.00 77 Remove Existing Manhole Structure and 2 EA $ $ Junction Box-Backfill per STD, 1150 10,000.00 20,000.00 78 Remove Existing 21'x3'Catch Basin 1 EA $ $ 11,200.00 11,200.00 79 Remove Existing 9'x4'Catch Basin 1 EA $ $ 6,500.00 6,500.00 80 Transition Structure 2 EA $ $ 44,000,00 88,000.00 P-5 of P-23 a Docusign Envelope ID:91F206F5.424B-431A-B7E6-95AB3921ADA6 ADDENDUM No. ONE ' CITY OF SANTA ANA l* Project 11-6741 PROPOSAL Project 19-6499 PROJECT NO.: 11-6741 - BRISTOL STREET IMPROVEMENTS FROM WARNER AVENUE TO SAINT ANDREW PLACE n PROJECT NO.: 19-6499 -BRISTOL STREET (PHASE 4) WATER MAIN IMPROVEMENTS Item Description Qty Unit Unit Price Amount 81 Install French Drain 94 LF $ $ 270.00 25,380.00 82 Construct Parkway Culvert Type"A"per 20 LF $ $ City Standard Plan 318 Case 11 600.00 12,000.00 83 Construct Parkway Culvert Type"B"per 120 LF $ $ City Standard Plan 319 Case 11 100.00 12,000.00 84 Curb Inlet 30 EA $ $ 1,200.00 36,000.00 85 Retaining Curb 79 LF $ $ 75.00 5,925.00 86 Signing and Striping 1 LS $ $ 68,500.00 68,500.00 87 Landscaping 1 LS $ $ 445,000.00 445,000.00 88 Irrigation 1 LS $ $ 410,000.00 410,000.00 89 24"Box-Coast Live Oak 69 EA $ $ 775.00 53,475.00 90 25'BTH-Date Palm 34 EA $ $ 4,400.00 149,600.00 91 Re-configure Existing Irrigation at 2222 S. I LS $ $ 6,700.00 6,700.00 Bristol Street 92 Re-configure Existing irrigation at 2200 S. 1 LS $ $ 8,800.00 8,800.00 Bristol Street 93 1-Year Landscaping&Irrigation 1 LS $ $ Maintenance Period 31,000.OD 31,000.00 94 Furnish and Install Bus Shelter Unit(12' AD 4 EA $ $ Sunset Shelter) 37,000.00 148,000.00 I 95 Bus Island Railing 470 LF $ $ 291.00 136,770.00 96 Filterra Offline(FT0612)- 12'x6'by Contech 5 EA $ $ or Approved Equal 84,000.00 420,000.00 97 Filterra Offline(FT0806)-8'x6'by Contech 2 EA $ $ or Approved Equal 56,000.00 112,000.00 98 Utility Undergrounding 1 LS $ $ 2,007,000.00 2,007,000.00 99 Stormwater Pollution Prevention Plan 1 LS $ $ (SWPPP)- Risk Level 2 250,000.00 250,000.00 100 Project Advertisement Sign 2 EA $ $ 4,500.00 9,000.00 P-6 of P-23 Docusign Envelope ID:91F206F5-424B-431A-B7E6-95AB3921ADA6 CITY OF SANTA ANA ADDENDUM No. ONE Project 11-6741 PROPOSAL Project 19-6499 PROJECT NO.: 11-6741 -BRISTOL STREET IMPROVEMENTS FROM WARNER AVENUE TO SAINT ANDREW PLACE PROJECT NO.: 19-6499 -BRISTOL STREET(PHASE 4) WATER MAIN IMPROVEMENTS Item Description Qty Unit Unit Price Amount 101 Construction Permit 1 LS $45,300 $ 45,300.00 102 Re-configure Existing Fire Protection 1 LS $ $ Backflow Assembly at 2222 S.Bristol Street* 33,000.00 33,000.00 TOTAL BASE BID $ 22,354,492.25 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the"25%"limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f This bid itern is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (368) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long-lead time items. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be$11,420 per calendar day. NameofFirnl Sully-Miller Co tracting Company Signature of BIDDER Jeff Galterio Title Assistant Secretary (If an individual, so state. If a firm or co-partnership, state the fine name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) t- ,i P-7 of P-23 4 Docusign Envelope ID:91 F206F5-424B-431A-87E6-95A83921ADA6 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 11-6741 -BRISTOL STREET IMPROVEMENTS FROM WARNER AVENUE TO SAINT ANDREW PLACE PROJECT NO.: 19-6499-BRISTOL STREET(PHASE 4)WATER MAIN IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council,endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duty authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service property addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten. (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said.funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned: BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids,and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. .NameofFirm Sully-Miller Contracting Company Signature of BIDDER t Jeff Galterio Title Assistant Secretary **Please see Attached Certificate of Incumbency and Resolution** (If an individual,so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager,thereof.) i. al P-8 of P-23 ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 3/131 C THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT LibertyMutual Insurance Co. Nat'l Ins Northeast PHONE FAX 500 N3rd St, Suite 300 c AIc No): E-MAIL Wausau,WI 54403 ADDRESS: CMeCertProduction@LibertyMutual.com INSURERS AFFORDING COVERAGE NAIC# www.LibertyMutual.com INSURER A: Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B: LM Insurance Corporation 33600 SULLY-MILLER CONTRACTING COMPANY 135 S.State College Blvd. INSURER C: Suite 400 INSURER D: Brea CA 92821 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 84336107 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIODIYYYY MMIDDIYYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY �/ TB2-631-510805-025 4/1/2025 4/1/2026 EACH OCCURRENCE $2000000 DAMAGE TO RENTED CLAIMS-MADE ./ OCCUR PREMISES Ea occurrence $500 000 Per Job Aggregate MED EXP(Any one person) $10 000 IncludesXCU PERSONAL&ADV INJURY $2000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY� PEA LOC PRODUCTS-COMPIOPAGG $3 000,000 OTHER: $ A AUTOMOBILE LIABILITY AS2-631-510805-015 4/1/2025 4/1/2026 EOM�BIINdEeDISINGLELIMIT $2,000,000 ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ B WORKERS COMPENSATION WC5-631-510805-035 4/1/2025 4/1/2026 �/ SPER TATUTE ERH AND EMPLOYERS'LIABILITY Y/N Covers All States ANYPROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $2 000,000 OFFICER/MEMBER EXCLUDED? �N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $2 000 .000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $2 000 000 A Automobile Physical Damage: AS2-631-510805-015 4/1/2025 4/1/2026 All Medium, Heavy,Extra Heavy and Trailer Types Comp&Coll Deds:$1,500 "All Private Passengers, Pick Ups and Vans Comp&Coll Deds:$500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Project No.11-6741 Bristol Street Improvements from Warner Avenue to Saint Andrew Place and Project No.:19-6499 Bristol Street(Phase 4) Water Main "See Addendum" Digill",signe Tu Tran Nguyen APPROVED N(ryu en° 8 Tu Tran Nguyen ai 9:24 am,Apr 07,2025 7 Y 2025.04.07 YP 09:24.48-0700 CERTIFICATE HOLDER CANCELLATION Job10340704 CI of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Hall - Ross Annex ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE Diane Beaudoin ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 84336107 1 3-004090 1 4/25-4/26 - Sully Miller I Julie Nelson 1 3/13/2025 8:58:32 AM (EDT) I Page 1 of 2 AGENCY CUSTOMER ID: 3-004090 LOC#: AC"I?" ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Liberty Mutual Insurance Co.Nat'l Ins Northeast 135 S.State CollLLER ege CONTRACTING COMPANY POLICYNUM13ER Suite 400 Brea CA 92821 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability Insurance(03/16) HOLDER: City of Santa Ana City Hall-Ross Annex ADDRESS:20 Civic Center Plaza Santa Ana CA 92701 RE: Project No. : 11-6741 Bristol Street Improvements from Warner Avenue to Saint Andrew Place / Project No. : 19-6499 Bristol Street (Phase 4) Water Main Improvements The City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers is/are additional insured with regards to general liability and automobile liability, as their interest may appear, where required by written contract with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, Coverage is primary and nen-contributory. Waiver of Subrogation is included in favor of the certificate bolder on general liability, workers Compensation and automobile liability, and applies only to the specific jobs of the insured performed under written contract, and where applicable by law. 30-day Notice of Cancellation, except for 10-day Notice of Cancellation for nonpayment of premium. ACORD 101 (2000/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 04336107 1 3-004090 1 4/25-4/26 - Gully Miller I Julie Nelson 1 3/13/2025 8:5802 AM (=T) I Page 2 of 2 Page 1 of 2 A`CO 03/11/2025RV CERTIFICATE OF LIABILITY INSURANCE DATE{M /2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT W W Certificate NAME: Center Willie Towers Watson Northeast, Inc. PHONE ],_g77^945-737$ FAX 1-888-467-237$ c/o 26 Century Blvd AIC No; P.O. Box 305191 E•MRE35: certificates@wtwao.com ADD Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE NAIL0 INSURERA: Liberty Mutual Eire Insurance Company 23035 INSURED INSURERS: Berkshire Hathaway Specialty Insurance Com 22276 Sully-Miller Contraoting Company 135 s, state College Blvd., Suite 400 INSURERC: Brea, CA 92921 INSURER D: INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER:W38104652 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN$R ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDD NYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ MED EXP(Any une nrson) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑PRO ❑ LOC JECT PRODUCTS-COMPIOP AGO $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ee accldart ANY AUTO BODILY INJURY{Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY[NJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE nt AUTOS ONLY AUTOS ONLY Per accide $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 X EXCESS LIAB CLAIMS-MADE Y Y TL2-631-510040-B25 04/01/2025 04/01/2026 AGGREGATE $ 3,000,000 X DED RETENTION$0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE I I ER ANYPROFFI EORIMEMB RFXCLU E07ECUTIVE ❑ NIA E.L.EACH ACCIDENT $ {Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below I I I I E.L.DISEASE-POLICY LIMIT $ B 1st Excess Liability Y Y 47-x86-302408-10 04/01/2025 04/01/2026 Each Occurrence $5,000,000 Aggregate ryry $5,D00,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) For Division Branch: 10340704 ey Tu Trarr Nguyen atg:244am,Apr07,2025 Excess policy is follow form over the General Liability, Automobile, and Employers Liability. Project No. 11-6741 Bristol Street Improvements from Warner Ave to St. Andrew Place and Project 16--6499 Bristol Street (Phase 4) Water Main. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana - City Hall Rosa Annex Attn: City Clerk AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza �tGLWf Santa Ana, CA 92701 01988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR m: 27418627 SATcl: 3870056 AGENCY CUSTOMER ID: LO C#: ACC)R" ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Sully-Miller Contracting company Willis Towers Watson Northeast, Inc. 135 S. state College Blvd., Suite 400 POLICY NUMBER Brea, CA 92821 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers are included as Additional Insureds as respects to Umbrella/Excess Liability. Umbrella/Excess Liability policy shall be Primary and Non-Contributory with any other insurance in force for or whiah may be purchased by Additional Insureds. Waiver of Subrogation applies in favor of Additional Insureds with respects to Umbrella/Excess Liability. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR in: 27418627 BATCH: 3870056 CERT: W38104652 A CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDIYYYY) 0410212025 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,LLC. PHONE FAX 1166 Avenue of the Americas 1C.hijQ,Ex", AIC No New York,NY 10036 E-MAIL ADDRE S: INSURERS AFFORDING COVERAGE NAIc# CN101472134-HRI-Prof.24-25 Nelson INSURERA: National Fire&Marine Insurance Company 20079 INSURED - INSURER la: SULLY-MILLER CONTRACTING COMPANY 135 S.STATE COLLEGE BLVD.,STE.400 INSURER C: BREA,CA 92821 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: NYC-012256014.00 REVISION NUMBER: o 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSp WVD POLICYNUMBER MWDDNYYY) (MMIDDfYYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRFNCE $ - CLAIMS-MADE OCCUR DAMAGE TO RENTED PRE SES Ea occon'ence $ MED EXP(Anyone person) $ PERSONAE.&ADV INJURY $ GHN'L AGGREGATE LIMIT APPLIES PER: GENFRALAGGREGATE $ POLICY D JE�a LOC PRODUCTS-COMPIOP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED id Per accent AUTOS ONLY AUTOS BODILY INJURY( ) $ HIRED NON-OWNED PROPERTYDAMAGE AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ ❑E6 RETENTION $ WORKERS COMPENSATION PERT OTHER • AND EMPLOYERS'LIABILITY ANYPROPRIETORIPARTNFR/EXECUTIVt= YIN STA UTE OFFICEWMEMBERFXCLUDED7 NI NIA E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A CONTRACTORS'PROFESSIONAL. 42-CNP-335886.01 0710112024 D710112025 EACH CLAIM I AGG 2,000,000 LIABILITY(CLAIMS MADE) SELF INSURED RETENTION 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project No.:11-6741 Bristol Street Improvements from Warner Avenue to Saint Andrew Place I Project No.:19-6499 Bristol Street(Phase 4)Water Main Job 10340704 APPROVED Sy Tu Trarr Nguyen at 9:24 am,Apr 07,2625 CERTIFICATE HOLDER CANCELLATION Cily of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 Civic Center Plaza-City Hall,Ross Annex THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Santa Ana,CA 92701 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN101472134 LOC#: New York A�� ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA,LLC. SULLY-MILLER CONTRACTING COMPANY 136 S.STATE COLLEGE BLVD.,STE.400 POLICY NUMBER BREA,CA 92821 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Waiver of Subrogation Is Included in favor of the certlBcale holder and applies only to the spediic johs of the Insured performed under written contract,and where applicable by law. City of Santa Ana is Loss Payee ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number TB2-631-510805-025 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS WITH PRODUCTSICOMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Location of Covered Operations: Organization(s): The City of Santa Ana, its City Council, officers, Project No.: 11-6741 Bristol Street Improvements officials, employees, agents and volunteers are from Warner Avenue to Saint Andrew Place / covered as additional insured with respect to Project No.: 19-6499 Bristol Street(Phase 4)Water liability arising out of work or operations performed Main by or on behalf of the Permittee including materials, parts or equipment furnished in connection with such work or operations A. Section II —Who Is An Insured is amended to include as an additional insured: 1. Any person or organization where required by a"written contract"you have entered into where the contract requires the entity to be added as an additional insured under your Policy; and 2. The particular person or organization, if any, shown in the Schedule of this endorsement at the location(s) shown in the Schedule. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for"bodily injury", "property damage", or"personal and advertising injury"caused, in whole or in part, by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the"written contract'; or b. "Your work" that is specified in the "written contract" but only for"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. 2. If the"written contract"specifically requires you to provide additional insurance coverage via; a. The 10/01 edition of CG2010 (aka CG 20 10 10 01); b. The 10/01 edition of CG2037(aka CG 20 37 10 01); or c. The 11/85 edition of CG2010(aka CG 20 10 11 85), then in Paragraph B.I.above,the words"caused, in whole or in part, by"are replaced by the words"arising out of'. LD 20 116 01 20 ©2020 Liberty Mutual Insurance Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C2 - COLAS GROUP INTERNAL: Employees and partners who need to know. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That is required by the"written contract'; c. That is described in B.I.above; or d. That is afforded to you under this Policy, whichever is less. 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance of Section IV — Commercial General Liability Conditions, this insurance is excess over all other insurance available to the additional insured,whether on a primary, excess, contingent or any other basis. But if required by the"written contract' to be primary and non-contributory,this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided 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. C. Section IV—Commercial General Liability Conditions is amended as follows: 1. The Duties In The Event Of Occurrence, Offense, Claim Or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an 'occurrence" or an offense which may result in a claim or"suit' under this insurance, and of any claim or"suit"that does result; (2) Except as provided in Paragraph 113.4. of this endorsement, make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of any claim or"suit"; and (4) 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 Coverage Part. But if the "written contract' requires this insurance to be primary and non-contributory, this provision (4) 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 claim or"suit'. D. Only for the purpose of the insurance provided by this endorsement, Section V— Definitions is amended to add the following definition: LD 20 116 01 20 ©2020 Liberty Mutual Insurance Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C2 -COLAS GROUP INTERNAL: Employees and partners who need to know. "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: 1. Is currently in effect or becomes effective during the term of this Policy; and 2. Was executed prior to: a. The"bodily Injury"or"property damage"; or b. The offense that caused the"personal and advertising injury", for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. LD 20 116 01 20 ©2020 Liberty Mutual Insurance Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C2 -COLAS GROUP INTERNAL: Employees and partners who need to know. COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and ROUP INTERGIOLZE0*468s and partners who n*ddlarlontm Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: TB2-631-510805-025 COMMERCIAL GENERAL LIABILITY CG24041219 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: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s)Or Organization(s): The City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers are covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts or equipment furnished in connection with such work or operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 C2-COLAS GROUP INTERNAL: Employees and partners who need to know. Policy Number TB2-631-510805-025 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY—UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)! Email Address or mailing address: Number Days Notice: Organ za ion(s): City of Santa Ana 20 Civic Center Plaza 30 City Hall—Ross Annex Santa Ana, CA 92701 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 0105 11 ©2011 Liberty Mutual Group of Companies.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C2-COLAS GROUP INTERNAL: Employees and partners who need to know. COVERAGE C—MEDICAL PAYMENTS d. Workers' Compensation And Similar Laws 1. Insuring Agreement To a person, whether or not an "employee" of a. We will pay medical expenses as described any insured, if benefits for the"bodily injury" are below for"bodily injury" caused by an accident: payable or must be provided under a workers' compensation or disability benefits law or a (1) On premises you own or rent; similar law. (2) On ways next to premises you own or rent; e. Athletics Activities or To a person injured while practicing, instructing (3) Because of your operations; or participating in any physical exercises or provided that: games, sports, or athletic contests. (a) The accident takes place in the f. Products-Completed Operations Hazard "coverage territory" and during the policy Included within the "products-completed period; operations hazard". (b) The expenses are incurred and reported g. Coverage A Exclusions to us within one year of the date of the Excluded under Coverage A. accident;and g (c) The injured person submits to SUPPLEMENTARY PAYMENTS — COVERAGES A examination, at our expense, by AND B physicians of our choice as often as we 1. We will pay, with respect to any claim we reasonably require. investigate or settle, or any "suit" against an b. We will make these payments regardless of insured we defend: fault. These payments will not exceed the a. All expenses we incur. applicable limit of insurance, We will pay b. Up to $250 for cost of bail bonds required reasonable expenses for: because of accidents or traffic law violations (1) First aid administered at the time of an arising out of the use of any vehicle to which accident; the Bodily Injury Liability Coverage applies. We (2) Necessary medical, surgical, X-ray and do not have to furnish these bonds. dental services, including prosthetic c. The cost of bonds to release attachments, but devices; and only for bond amounts within the applicable (3) Necessary ambulance, hospital, limit of insurance. We do not have to furnish professional nursing and funeral services. these bonds. 2. Exclusions d. All reasonable expenses incurred by the insured at our request to assist us in the We will not pay expenses for"bodily injury': investigation or defense of the claim or "suit", a. Any Insured including actual loss of earnings up to $250 a To any insured, except"volunteer workers". day because of time off from work. b. Hired person e. All court costs taxed against the insured in the "suit". However, these payments do not include To a person hired to do work for or on behalf of attorneys' fees or attorneys' expenses taxed any insured or a tenant of any insured, against the insured. c. Injury On Normally Occupied Premises f. Prejudgment interest awarded against the To a person injured on that part of premises insured on that part of the judgment we pay. If you own or rent that the person normally we make an offer to pay the applicable limit of occupies. insurance, we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 ©Insurance Services Office, Inc.,2012 CG 00 01 0413 g. All interest on the full amount of any judgment So long as the above conditions are met, attorneys' that accrues after entry of the judgment and fees incurred by us in the defense of that before we have paid, offered to pay, or indemnitee, necessary litigation expenses incurred deposited in court the part of the judgment that by us and necessary litigation expenses incurred is within the applicable limit of insurance. by the indemnitee at our request will be paid as These payments will not reduce the limits of Supplementary Payments. Notwithstanding the insurance. provisions of Paragraph 2.b.(2) of Section I — Coverage A— Bodily Injury And Property Damage 2. If we defend an insured against a "suit" and an Liability, such payments will not be deemed to be indemnitee of the insured is also named as a parry damages for "bodily injury" and "property damage" to the "suit",we will defend that indemnitee if all of and will not reduce the limits of insurance. the following conditions are met: Our obligation to defend an insured's indemnitee a. The "suit" against the indemnitee seeks and to pay for attorneys' fees and necessary damages for which the insured has assumed litigation expenses as Supplementary Payments the liability of the indemnitee in a contract or ends when we have used up the applicable limit of agreement that is an"insured contract"; insurance in the payment of judgments or b. This insurance applies to such liability assumed settlements or the conditions set forth above, or by the insured; the terms of the agreement described in c. The obligation to defend, or the cost of the Paragraph f. above, are no longer met. defense of, that indemnitee, has also been SECTION II—WHO IS AN INSURED assumed by the insured in the same "insured 1. if you are designated in the Declarations as: contract"; a. An individual, you and your spouse are d. The allegations in the "suit"and the information insureds, but only with respect to the conduct of we know about the "occurrence" are such that a business of which you are the sole owner. no conflict appears to exist between the b. A partnership or joint venture, you are an interests of the insured and the interests of the insured. Your members, your partners, and indemnitee; their spouses are also insureds, but only with e. The indemnitee and the insured ask us to respect to the conduct of your business. conduct and control the defense of that c. A limited liability company, you are an insured. indemnitee against such suit and agree that Your members are also insureds, but only with we can assign the same counsel to defend the respect to the conduct of your business. Your insured and the indemnitee; and managers are insureds, but only with respect to f. The indemnitee: their duties as your managers. (1) Agrees in writing to: d. An organization other than a partnership, joint (a) Cooperate with us in the investigation, venture or limited liability company, you are an settlement or defense of the"suit'; insured. Your "executive officers" and directors are insureds, but only with respect to their (b) Immediately send us copies of any duties as your officers or directors. Your demands, notices, summonses or legal stockholders are also insureds, but only with papers received in connection with the respect to their liability as stockholders. suit"; {c) Notify any other insurer whose coverage e. A trust, you are an insured. Your trustees are is available to the indemnitee; and also insureds, but only with respect to their duties as trustees. (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". CG 00 01 0413 0 Insurance Services Office, Inc.,2012 Page 9 of 16 2. Each of the following is also an insured: c. Any person or organization having proper a. Your "volunteer workers" only while performing temporary custody of your property if you die, duties related to the conduct of your business, but only: or your "employees", other than either your (1) With respect to liability arising out of the "executive officers" (if you are an organization maintenance or use of that property; and other than a partnership, joint venture or limited (2) Until your legal representative has been liability company) or your managers (if you are appointed. a limited liability company), but only for acts within the scope of their employment by you or d. Your legal representative if you die, but only while performing duties related to the conduct with respect to duties as such. That of your business. However, none of these representative will have all your rights and "employees" or "volunteer workers" are duties under this Coverage Part. insureds for: 3. Any organization you newly acquire or form, other (1) "Bodily injury" or "personal and advertising than a partnership, joint venture or limited liability injury": company, and over which you maintain ownership or majority interest, will qualify as a Named Insured (a) To you, to your partners or members {if if there is no other similar insurance available to you are a partnership or joint venture), to that organization. However; your members (if you are a limited liability company), to a co-"employee" a. Coverage under this provision is afforded only while in the course of his or her until the 90th day after you acquire or form the employment or performing duties organization or the end of the policy period, related to the conduct of your business, whichever is earlier; or to your other "volunteer workers" b. Coverage A does not apply to "bodily injury" or while performing duties related to the "property damage" that occurred before you conduct of your business; acquired or formed the organization; and (b) To the spouse, child, parent, brother or c. Coverage B does not apply to "personal and sister of that co-"employee" or advertising injur/, ' arising out of an offense "volunteer worker" as a consequence of committed before you acquired or formed the Paragraph (1)(a) above; organization. (c) For which there is any obligation to No person or organization is an insured with respect to share damages with or repay someone the conduct of any current or past partnership, joint else who must pay damages because of venture or limited liability company that is not shown the injury described in Paragraph (1)(a) as a Named Insured in the Declarations. or(b)above;or SECTION Ili—LIMITS OF INSURANCE (d) Arising out of his or her providing or 1. The Limits of Insurance shown in the Declarations failing to provide professional health and the rules below fix the most we will pay care services. regardless of the number of: (2) "Property damage"to property; a. Insureds; (a) Owned, occupied or used by; b. Claims made or"suits" brought; or (b) Rented to, in the care, custody or control c. Persons or organizations making claims or of, or over which physical control is bringing"suits", being exercised for any purpose by; you, any of your "employees", "volunteer 2. The General Aggregate Limit is the most we will workers", any partner or member (if you are pay for the sum of: a partnership or joint venture), or any a. Medical expenses under Coverage C; member (if you are a limited liability b. Damages under Coverage A, except damages company). because of"bodily injury' or "property damage" b. Any person (other than your "employee" or included in the "products-completed operations "volunteer worker"), or any organization while hazard";and acting as your real estate manager. c. Damages under Coverage B. Page 10 of 16 0 Insurance Services Office, Inc., 2012 CG 00 01 0413 3. The Products-Completed Operations Aggregate (3) The nature and location of any injury or Limit is the most we will pay under Coverage A for damage arising out of the "occurrence" or damages because of "bodily injury" and "property offense. damage" included in the "products-completed b. 1f a claim is made or "suit" is brought against operations hazard". any insured,you must: 4. Subject to Paragraph 2. above, the Personal And (1) Immediately record the specifics of the Advertising Injury Limit is the most we will pay claim or"suit"and the date received;and under Coverage B for the sum of all damages because of all "personal and advertising injury" (2) Notify us as soon as practicable. sustained by any one person or organization. You must see to it that we receive written notice 5. Subject to Paragraph 2. or 3. above, whichever of the claim or"suit"as soon as practicable. applies, the Each Occurrence Limit is the most we c. You and any other involved insured must: will pay for the sum of: (1) Immediately send us copies of any a. Damages under Coverage A;and demands, notices, summonses or legal b. Medical expenses under Coverage C papers received in connection with the because of all "bodily injury' and "property claim or"suit"; damage"arising out of any one"occurrence". (2) Authorize us to obtain records and other 6. Subject to Paragraph 5. above, the Damage To information; Premises Rented To You Limit is the most we will (3) Cooperate with us in the investigation or pay under Coverage A for damages because of settlement of the claim or defense against "property damage" to any one premises, while the"suit";and rented to you, or in the case of damage by fire, (4) Assist us, upon our request, in the while rented to you or temporarily occupied by you enforcement of any right against any person with permission of the owner. or organization which may be liable to the 7. Subject to Paragraph S. above, the Medical insured because of injury or damage to Expense Limit is the most we will pay under which this insurance may also apply. Coverage C for all medical expenses because of d. No insured will, except at that insured's own "bodily injury"sustained by any one person. cost, voluntarily make a payment, assume any The Limits of Insurance of this Coverage Part apply obligation, or incur any expense, other than for separately to each consecutive annual period and to first aid,without our consent. any remaining period of less than 12 months, starting 3. Legal Action Against Us with the beginning of the policy period shown in the No person or organization has a right under this Declarations, unless the policy period is extended Coverage Part: after issuance for an additional period of less than 12 months. In that case, the additional period will be a. To join us as a party or otherwise bring us into deemed part of the last preceding period for purposes a"suit"asking for damages from an insured; or of determining the Limits of Insurance. b. To sue us on this Coverage Part unless all of SECTION IV— COMMERCIAL GENERAL LIABILITY its terms have been fully complied with. CONDITIONS A person or organization may sue us to recover on 1. Bankruptcy an agreed settlement or on a final judgment Bankruptcy or insolvency of the insured or of the against an insured; but we will not be liable for Bankr ankrd's estate will not relieve us of our damages that are not payable under the terms of insureobligations under this Coverage Part. this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement 2. Duties In The Event Of Occurrence, Offense, means a settlement and release of liability signed Claim Or Suit by us, the insured and the claimant or the a. You must see to it that we are notified as soon claimant's legal representative. 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 CG 00 01 0413 0 Insurance Services Office, Inc.,2012 Page 11 of 16 4. Other Insurance (3) When this insurance is excess over other If other valid and collectible insurance is available insurance, we will pay only our share of the to the insured for a loss we cover under Coverages amount of the loss, if any, that exceeds the A or B of this Coverage Part, our obligations are sum of: limited as follows: (a) The total amount that all such other a. Primary Insurance insurance would pay for the loss in the This insurance is primary except when absence of this insurance; and Paragraph b. below applies. If this insurance is (b) The total of all deductible and primary, our obligations are not affected unless self-insured amounts under all that other any of the other insurance is also primary. insurance. Then, we will share with all that other insurance (4) We will share the remaining loss, if any, with by the method described in Paragraph c. any other insurance that is not described in below. this Excess Insurance provision and was not b. Excess Insurance bought specifically to apply in excess of the Limits of Insurance shown in the (1) This insurance is excess over: Declarations of this Coverage Part. (a) Any of the other insurance, whether c. Method Of Sharing primary, excess, contingent or on any other basis: If all of the other insurance permits contribution (i} That is Fire, Extended Coverage, by equal shares, we will follow this method g also. Under this approach each insurer Builder's Risk, Installation Risk or contributes equal amounts until it has paid its similar coverage for"your work"; applicable limit of insurance or none of the loss (H) That is Fire insurance for premises remains,whichever comes first. rented to you or temporarily If any of the other insurance does not permit occupied by you with permission of contribution by equal shares, we will contribute the owner; by limits. Under this method, each insurer's (iiii) That is insurance purchased by you share is based on the ratio of its applicable limit to cover your liability as a tenant for of insurance to the total applicable limits of "property damage" to premises insurance of all insurers, rented to you or temporarily g, Premium Audit occupied by you with permission of the owner; or a. We will compute all premiums for this Coverage Part in accordance with our rules (iv) If the loss arises out of the and rates, maintenance or use of aircraft, a Part as b. Premium shown in this Coverage autos or watercraft to the extent not g subject to Exclusion g. of Section I— advance premium is a deposit premium only. At Coverage A — Bodily Injury And the close of each audit period we will compute Property Damage Liability. the earned premium for that period and send notice to the first Named Insured. The due date (b) Any other primary insurance available to for audit and retrospective premiums is the date you covering liability for damages arising shown as the due date on the bill, If the sum of out of the premises or operations, or the the advance and audit premiums paid for the products and completed operations, for policy period is greater than the earned which you have been added as an premium, we will return the excess to the first additional insured. Named Insured. (2) When this insurance is excess, we will have c. The first Named Insured must keep records of no duty under Coverages A or B to defend the information we need for premium the insured against an "suit" if an other g y y computation, and send us copies at such times insurer has a duty to defend the insured as we may request. against that "suit". If no other insurer y defends, we will undertake to do so, but we 6. Representations will be entitled to the insured's rights against By accepting this policy,you agree: all those other insurers. a. The statements in the Declarations are accurate and complete; Page 12 of 16 0 Insurance Services Office, Inc., 2012 CG 00 01 0413 b. Those statements are based upon However, "auto" does not include "mobile representations you made to us; and equipment". c. We have issued this policy in reliance upon 3. "Bodily injury" means bodily injury, sickness or your representations. disease sustained by a person, including death 7. Separation Of Insureds resulting from any of these at any time. Except with respect to the Limits of Insurance, and 4. "Coverage territory'means: any rights or duties specifically assigned in this a. The United States of America (including its Coverage Part to the first Named Insured, this territories and possessions), Puerto Rico and insurance applies: Canada; a. As if each Named Insured were the only b. International waters or airspace, but only if the Named Insured;and injury or damage occurs in the course of travel b. Separately to each insured against whom claim or transportation between any places included is made or"suit" is brought. in Paragraph a.above; or 8. Transfer Of Rights Of Recovery Against Others c. All other parts of the world if the injury or To Us damage arises out of: If the insured has rights to recover all or part of any (1) Goods or products made or sold by you in payment we have made under this Coverage Part, the territory described in Paragraph a. those rights are transferred to us. The insured above; must do nothing after loss to impair them. At our (2) The activities of a person whose home is in request, the insured will bring "suit" or transfer the territory described in Paragraph a. those rights to us and help us enforce them. above, but is away for a short time on your 9. When We Do Not Renew business; or If we decide not to renew this Coverage Part, we (3) "Personal and advertising injury' offenses will mail or deliver to the first Named Insured that take place through the Internet or shown in the Declarations written notice of the similar electronic means of communication; nonrenewal not less than 30 days before the provided the insured's responsibility to pay expiration date. damages is determined in a "suit"on the merits, in If notice is mailed, proof of mailing will be sufficient the territory described in Paragraph a. above or in proof of notice. a settlement we agree to. SECTION V—DEFINITIONS S. "Employee" includes a "leased worker". "Employee" does not include a "temporary 1. "Advertisement" means a notice that is broadcast worker". or published to the general public or specific 6. "Executive officer" means a person holding any of market segments about your goods, products or the officer positions created by your charter, services for the purpose of attracting customers or constitution, bylaws or any other similar governing supporters. For the purposes of this definition: document. a. Notices that are published include material 7. "Hostile fire" means one which becomes placed on the Internet or on similar electronic uncontrollable or breaks out from where it was means of communication;and intended to be. b. Regarding web sites, only that part of a web g, "Impaired property" means tangible property, other site that is about your goods, products or than "your product" or "your work", that cannot be services for the purposes of attracting used or is less useful because:. customers or supporters is considered an advertisement. a. It incorporates "your product" or "your work" 2. "Auto" means: that is known or thought to be defective, deficient, inadequate or dangerous; or a. A land motor vehicle, trailer or semitrailer b. You have failed to fulfill the terms of a contract designed for travel on public roads, including any attached machinery or equipment; or or agreement; b. Any other land vehicle that is subject to a if such property can be restored to use by the repair, replacement, adjustment or removal of compulsory or financial responsibility law or "your product" or "your work" or your fulfilling the other motor vehicle insurance law where it is terms of the contract or agreement, licensed or principally garaged. CG 00 01 0413 ©insurance Services Office, Inc.,2012 Page 13 of 16 Policy Number: AS2-631-510805-015 Issued by: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED- NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s)or Organizations(s): The City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers are covered as additional insured with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts or equipment furnished in connection with such work or operations Regarding Designated Contract or Project: 11-6741 Bristol Street Improvements from Warner Avenue to Saint Andrew Place / Project No.: 19-6499 Bristol Street(Phase 4)Water Main Each person or organization shown in the Schedule of this endorsement is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the"bodily injury"or"property damage",then this insurance will be primary and we will not seek contribution from such insurance. OUP INTERN&CE84123yMdtind partners*=t9plJftfty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: AS2-631-510805-015 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s)Or Organization(s): The City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers are covered as additional insured with respect to liabiity arising out of work or operations performed by or on behalf of the Permittee including materials, parts orequipment furnished in connection with such work or operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an"insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. ZOUP INTERQA12ff J*63s and partners who r@dd3arWm.Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: AS2-631-510805-015 COMMERCIAL AUTO CA04441013 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: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s)Or Organization(s): The City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers are covered as additional insured with respect to liabiity arising out of work or operations performed by or on behalf of the Permittee including materials, parts or equipment furnished in connection with such work or operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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. ?OUP INTERGAl0C-44p*43s and partners who r@dIddarlimme.Services Office, Inc., 2011 Page 1 of 1 Policy Number AS2-631-510805-015 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY-UMBRELLA COVERAGE FORM Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organ ization s : City of Santa Ana 20 Civic Center Plaza 30 City Hall-Ross Annex Santa Ana,CA 92701 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 ©2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. C2-COLAS GROUP INTERNAL: Employees and partners who need to know. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0% of the California workers' compensation premium otherwise due on such remuneration. Schedule [Additional premium is a percent of the California Manual Workers Compensation premium. Subject to a minimum premium charge of$ 0] Person or Organization Job Description The City of Santa Ana, its City Council, officers, officials, Project No.:11-6741 Bristol Street Improvements from Warner employees, agents and volunteers are covered as additional Avenue to Saint Andrew Place / Project No.: 19-6499 Bristol insured with respect to liability arising out of work or operations Street(Phase 4)Water Main performed by or on behalf of the Permittee including materials, parts or equipment furnished in connection with such work or operations Issued by Co 2-Liberty Mutual Fire Insurance Company For attachment to Policy No. WC5-631-510805-035 Effective Date 04/01/2025 Premium$ Issued to WC 04 03 06 R1 Page 1 of 1 Ed. 08/2013 C2 -COLAS GROUP INTERNAL: Employees and partners who need to know. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s)! Email Address or mailing address: Number Days Notice: Organization(s): City of Santa Ana 20 Civic Center Plaza 30 City Hall—Ross Annex Santa Ana, CA 92701 All other terms and conditions of this policy remain unchanged. Issued by For attachment to Policy No. WC5-631-510805-035 Effective Date 04/01/2025 Premium $ Issued to WC 99 20 75 ©2016 Liberty Mutual Insurance Page 1 of 1 Ed. 12/01/2016 C2 -COLAS GROUP INTERNAL: Employees and partners who need to know. R. Subrogation and Transfer of Rights of Recovery If we make any payment under this policy, we shall be subrogated to all "insured's" rights against any person or entity, including the right to participate with an "insured" in the exercise of all "insured's" rights of recovery. You shall execute and deliver instruments and papers to us and do whatever else is necessary to secure such rights. With respect to a "protective indemnity claim", this includes a written transfer to us of any assignment(s) of rights obtained if an "insured" has elected not to pursue same in furtherance of its "protective indemnity claim".An "insured" shall do nothing to prejudice such rights as described in this paragraph, including, but not limited to, providing full cooperation as stated in Condition C.above. We shall not exercise any such rights against any persons, firms or corporations included in the definition of "insured" or against any other entities, except any "design professional", if prior to a "professional liability claim" or "pollution claim", a waiver of subrogation is contractually agreed to in writing by an "insured". With respect to any recovery obtained through subrogation, reimbursement shall be made as follows: 1. First, expenses incurred in obtaining such subrogation recovery shall be deducted from the recovery amount and allocated to the party that incurred such expense; 2. The remaining amount shall be allocated as follows: a. First, to any interest who has paid any amount in excess of the limit of Insurance provided under this policy; b. Next,to us; and c. Then to any interest as are entitled to claim the remainder, if any. V Definitions A. "Bodily Injury" shall mean physical injury, sickness or disease, sustained by any person, including death resulting therefrom or mental anguish, emotional distress or shock, sustained by any person caused by a "pollution event" arising out of your "covered operations", "completed operations" or"transportation", "Bodily injury" shall extend to include medical monitoring, but only when such medical monitoring is a direct result of a "pollution event".to which Coverage Part C:Contractor's Pollution Liability applies. B. "Claim"shall mean: 1. Any"professional liability claim";and 2. Any"pollution claim"; C. "Clean-up costs" shall mean the reasonable and necessary costs and expenses, including legal expenses and "restoration costs", that are incurred to investigate, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess the effects of a "pollution event", but only to the extent: 1. Required by"environmental law";or 2. In the absence of any applicable "environmental law", recommended in writing by an "environmental professional". As used herein, "environmental law" means the federal, state, provincial, municipal or local laws that are applicable to "pollutants" or a "pollution event", of the territory that has authority and jurisdiction over the clean-up of a "pollution event", including, but not limited to,that particular territory's statutes, rules, ordinances, guidance documents, and governmental, judicial or administrative orders and directives. Page 10 CL-CNPC-001-03/2023 MEMORANDUM Risk Management Analyst To: Human Resources Department Date: March 10,2025 Sean Thomas, Principal Civil Engineer �— From: Public Works Agency RISK MANAGEMENT CERTIFICATE OF INSURANCE REVIEW PROJECT NO. 11-6741 & 19-6499 BRISTOL STREET IMPROVEMENTS AND PHASE 4 Subject: WATER MAIN IMPROVEMENTS (WARNER AVENUE TO SAINT ANDREW PLACE) The Public Works Agency's Construction Services Team has reviewed the scope of the project and can confirm that the contractor does not have a need to procure Builder's Risk Insurance, since the project does not contain a building element. Due to this exclusion for this project,we confirmed that Professional Liability Insurance(errors and omissions)is not required. Please feel fiee to contact me at 714-647-5655 if you have any questions. CITY OF SANTA ANA PUBLIC WORKS AGENCY -I CONTRACT CHANGE ORDER Project Number Project Nos. 11-6741 & 19-6499; Bristol Street Improvements from Change Order Number Warner Avenue to Saint Andrew Place and Bristol Street(Phase 4) Water Main Improvements To Sully-Miller Contracting Company Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not Included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE 1. Credit applied to original bid item #59 (8' High Sound Wall Including Footing) of 189 linear feet, due to revised sound wall designs for jog outs to avoid SCE poles. Reference correspondence regarding C0R#1 next steps dated July 10, 2025. AGREED PRICE = ($82,782.00) 2. To compensate the contractor for abandoning 1 additional sewer lateral at the contract unit price for bid item #53 (Abandon Existing Sewer Lateral). Reference correspondence regarding COR#5 dated June 9, 2025. AGREED PRICE.=$2,600.00 3. To compensate the contractor for 2 additional potholes at the contract unit price for bid item #39 (Pothole Traffic Signal Pole Location for Utility Conflicts). Reference correspondence regarding COR#6 dated July 3, 2025. AGREED PRICE,= $6,000.00 4. To compensate the contractor for additional survey work at 1241 East Saint Anne Place. Reference correspondence regarding COR#8 dated June 30, 2025. AGREED PRICE = $2,439.15 5. To compensate the contractor for additional 620 linear feet of conduits, and 2 pull boxes due to revised Crown Castle plans and scope. Reference correspondence regarding COR#9.1 dated August 13, 2025. AGREED PRICE = $20,136.88 Page 1 of 3 6. To compensate the contractor for investigating and relocating an existing water service in conflict with the proposed sound wall foundation. Reference correspondence regarding COR#11 dated July 15, 2025. AGREED PRICE =$1,825.83 7. To compensate the contractor for extra work to install jog outs of the sound wall at the SCE poles located on the East side of Bristol between Warner Ave. and St. Gertrude PI. Reference correspondence regarding COR#12 dated July 16, 2025. AGREED PRICE = $35,647.75 8. To compensate the contractor for extra work to regrade and re-compact sound wall footing at the northwest. Reference correspondence regarding COR#15.1 dated July 30, 2025. AGREED PRICE =$2,133.50 9. To compensate the contractor additional sound wall premiums on the west side between St. Gertrude Pl. to St. Anne Pl. Reference correspondence regarding COR#22 dated July 25, 2025. AGREED PRICE = $7,980.10 10. To compensate the contractor for installing the sound wall foundations up to the jog outs for all SCE pole locations. Reference correspondence regarding COR#23 dated August 4, 2025. AGREED PRICE = $11,381.34 WORK PERFORMED UNDER DISPUTE AT CITY-APPROVED PRICE 11.To compensate the contractor for remove the existing traffic signal pull box at St. Andrew, and install additional conduit and wiring to Pole No. 8. Reference correspondence regarding COR#4.2 dated July 3, 2025. APPROVED PRICE.= $5,519.57 12.To compensate the contractor for re-staking of the east sound wall from STA 23+54 to STA 26+06. Reference correspondence regarding COR#17 dated August 13, 2025. APPROVED PRICE =$813.05 13.To compensate the contractor installing jog outs at the SCE poles on the west side on Bristol. Reference correspondence regarding COR#25 dated September 18, 2025. APPROVED PRICE =$59,254.30 TOTAL CHANGE ORDER COST= $155,731.47 TOTAL CONTRACT INCREASE COST = $72,949.47 *Execution of this Change Order constitutes agreement only as to the specific scope of work and cost described herein. Additional non-compensable working days will be added following a time impact analysis demonstrating the work, delay event, or other excusable causes that affected the project critical path in regards to the items noted above in this Change Order. Page 2 of 3 CITY OF SANTA ANA -= ' PUBLIC WORKS AGENCY yr� CONTRACT CHANGE ORDER Project Number Project Nos. 11-6741 &19-6499;Bristol Street Improvements from Warner Avenue Change Order Number 1 to Saint Andrew Place and Bristol Street(Phase 4)Water Main Improvements To Sully-Miller Contracting Company Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE;THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this change order, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this change order, The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this change order. TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 72,949.47 By reason of this order the CONTRACT TIME completion will be adjusted as follows: *Zero (0)Workinq Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept as full payment therefor the agreed prices shown above. Accepted,Date 10✓27/25 Contractor Sully-Miller Contracting Company By Title rt� Pro'ect Manager Approval recommended Date P C WOR AGE N R 7VEDfRECTOR pp � Approved by tryI.A4 Date fTY MANAGER Attest: Date �3( CLER Page 3 of 3 CITY OF SANTA ANA MAR 1 9 2026 PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project Nos. 11-6741 & 19-6499; Bristol Street Improvements from Change Order Number 2 Warner Avenue to Saint Andrew Place and Bristol Street(Phase 4) Water Main Improvements To Sully-Miller Contracting Company Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time, Change requested by PUBLIC WORKS AGENCY DEDUCTIVE CHANGE ORDERS 1. Credit applied to the sound wall installation of single-sided split face blocks in lieu of double- sided split face blocks. Reference correspondence regarding COR#2 dated January 5, 2026. AGREED PRICE = ($11,065.00) 2. Credit applied to scope for the Charter/Spectrum vault#16 located behind the sound wall. Reference correspondence regarding Notice of Deductive Change dated January 15, 2026. AGREED PRICE = ($5,610.00) 3. Credit applied to original bid item #20 (Adjust Manhole Frame and Cover to Finished Grade) for the five (5) sanitary sewer manhole adjustments performed by others. Reference correspondence regarding Notice of Deductive Change dated January 27, 2026. CONTRACT SCOPE ADJUSTMENT=($10,500.00) 4. Credit applied to original bid item #53 (Abandon Existing Sewer Lateral) for the ten (10) sewer lateral abandonments performed by others. Reference correspondence regarding Notice of Deductive Change dated January 27, 2026. CONTRACT SCOPE ADJUSTMENT= ($26,000.00) EXTRA WORK AT AGREED PRICE 5. To compensate the contractor for the additional irrigation scope included in the Delta Revision #5 drawings. Reference correspondence regarding COR#26 dated October 14, 2025. AGREED PRICE = $6,136.37 Page 1 of 4 6. To compensate the contractor for the additional costs of procurement due to the revised Tolar Bus Depot furniture. Reference correspondence regarding COR#27 dated October 14, 2025. AGREED PRICE = $6,809.55 7. To compensate the contractor for the additional work associated with the installation of scrim fencing provided by others at the project site. Reference correspondence regarding COR#34 dated January 12, 2026. AGREED PRICE = $1,502.17 8. To compensate the contractor for additional conduits required due to the revised Charter/Spectrum plans. Reference correspondence regarding COR#31 dated January 23, 2026. AGREED PRICE = $293.84 9. To compensate the contractor for additional manhole lid adjustment and conduits required due to the existing TCA/TCG manhole location. Reference correspondence regarding COR#32 dated January 23, 2026. AGREED PRICE = $2,810.02 10.To compensate the contractor for the additional conduit, trench excavation and backfill, and mandrel due to the revised AT&T plans. Reference correspondence regarding COR#33 dated January 23, 2026. AGREED PRICE = $44,122.09 EXTRA WORK FOR DISPUTED CLAIMS AT AGREED PRICE 11.To compensate the contractor for the removal of existing sidewall and footing in order to install the proposed sound wall. Reference Notice of Claim and Petition for Resolution under COR #14. AGREED PRICE = $1,747.39 12.To compensate the contractor the additional labor required to excavate subsurface unknown physical conditions assumed to be Cement Treated Base. Reference Notice of Claim and Petition for Resolution under COR #16. AGREED PRICE = $6,227.04 13.To compensate the contractor for verification of construction survey staking of the sound walls location on the West side of Bristol Street. Reference Notice of Claim and Petition for Resolution under COR #17.1 . AGREED PRICE =$813.05 14.To compensate the contractor for installation of moisture barrier on sound walls where not indicated on the original plans. Reference Notice of Claim and Petition for Resolution under COR #18. AGREED PRICE.= $4,866.42 15.To compensate the contractor for engineering fees related to structural certification for concrete crack chasing procedure. Reference Notice of Claim and Petition for Resolution under COR#19. AGREED PRICE = $725.94 Page 2 of 4 16.To compensate the contractor for additional work created by additional site protection measures in response to Citywide protests. Reference Notice of Claim and Petition for Resolution under COR #20. AGREED PRICE = $6,370.76 17.To compensate the contractor for removal of soil and cleaning to install rebar at the revised jog outs for the sound walls located at the SCE poles from Saint Andrew Place to Saint Gertrude Place. Reference Notice of Claim and Petition for Resolution under COR #25.1. AGREED PRICE = $1,321.87 TOTAL DEDUCTED COST = ($53,175.00) TOTAL CHANGE ORDER COST= $83,746.51 NET CONTRACT INCREASE COST= $30,571.51 *Execution of this Change Order constitutes agreement only as to the specific scope of work and cost described herein. Additional non-compensable working days will be added following a time impact analysis demonstrating the work, delay event, or other excusable causes that affected the project critical path in regards to the items noted above in this Change Order. Page 3 of 4 -• CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project Nos. 11-6741 & 19-6499; Bristol Street Improvements from Warner Avenue Change Order Number 2 to Saint Andrew place and Bristol Street(Phase 4)Water Main Improvements To Sully-Miller Contracting Company Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this change order, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this change order. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this change order. TOTAL COST THIS CHANGE ORDER: DECREASE $ .......... INCREASE $ 30,571.51 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero (0)Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept as full payment therefor the agreed prices shown above. Accepted,Date 2/18f26 Contractor Sully-Miller Contracting Company By Title e Project Manager Approval recommended Date P WORKS ENCY EXECUTIVE DIRE OR Approved by V Date -] CITY MANAGER Attest: Date Page 4 of 4 CITY OF SANTA ANA PUBLIC WORKS AGENCY ' CONTRACT CHANGE ORDER Project Number Project Nos. 11-6741 & 19-6499; Bristol Street Improvements from Change Order Number 3 Warner Avenue to Saint Andrew Place and Bristol Street (Phase 4) Water Main Improvements To Sully-Miller Contracting Company Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract, NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE 1. To compensate the Contractor for additional cost to revise the traffic control plans due to revised phasing plans. Reference COR#43 dated March 30, 2026. AGREED PRICE= $3,252.20 2. To compensate the contractor for installing sound wall returns between the new sound walls and resident's properties. Reference COR#44 dated March 30, 2026. AGREED PRICE =$49,035.50 EXTRA WORK FOR DISPUTED CLAIMS AT AGREED PRICE 3. To compensate the contractor for the additional irrigation scope not represented under Definition of Bid Items. Reference Notice of Claim and Petition for Resolution under COR #21. AGREED PRICE = $34,465.00 TOTAL CHANGE ORDER COST=$86,752.70 *Execution of this Change Order constitutes agreement only as to the specific scope of work and cost described herein. Additional non-compensable working days will be added following a time impact analysis demonstrating the work, delay event, or other excusable causes that affected the project critical path in regards to the items noted above in this Change Order. Page 1 of 2 CITY OF SANTA ANA �F I PUBLIC WORKS AGENCY I CONTRACT CHANGE ORDER �f Project Number Project Nos. 11-6741 & 19-6499;Bristol Street Improvements from Warner Avenue Change Order Number 3 to Saint Andrew Place and Bristol Street(Phase 4)Water Main Improvements To Sully-Miller Contracting Company Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this change order, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this change order. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this change order. TOTAL COST THIS CHANGE ORDER: DECREASE $ ---------- INCREASE $ 86,752.70 By reason of this order the CONTRACT TIME completion will be adjusted as follows: *Zero (0)Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept as full payment therefor the agreed prices shown above, Accepted,Date 5/12/26 Contractor Sully-Miller Contracting Company By Title Project Manager Approval recommended Date 4/AzP P SAGEk-V-EXfFTTJVrE DIRECTOR Approved by Date cr MAN Attest: _`_' J• Date � �✓ CI Y ERK Page 2 of 2