Loading...
HomeMy WebLinkAboutS&H CIVIL WORKS (CITY PARKS ADA SIDEWALK IMPROVEMENTS (CDBG)) IfdSlJRIti JCE 0!',1 FILE WORK �M PROCEED uN k ftSURPAct ExP14C:� CITY OF SANTA ANA CONSTRUCTION CONTRACT OCT 2 0 2025 0. PW A(2) PROJECT 25-7527 Mi CITY PARKS ADA SIDEWALK IMPROVEMENTS (CDBG) This CONSTRUCTION CONTRACT is made and entered into this 19th day of September, 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 S&H Civil Works (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 City Parks ADA Sidewalk Improvement 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 Two Hundred Thirty-Six Thousand Eight Hundred Ninety-Two Dollars and Fifty Cents ($236,892.50), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev.09/01/2017 Page 1 of 4 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: hllp://www.saiita-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. 8. 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 Iosses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; Page 2 of 4 (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. 11. FEDERAL FUNDING REQUIREMENTS. Contractor shall comply, and ensure all subcontractors comply, with all applicable regulations, policies, guidelines and requirements of the Community Development Block Grant (CDBG)program set forth by U.S.Department of Housing and Urban Development for sub-recipients including,without limitation, the funding requirements laid out in Appendix H of the Contract Documents, incorporated fully be reference. Contractor's attention is specifically directed to the following, which are each incorporated herein by this reference: (i) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). (ii) Program Income—24 CFR Part 570.500(a)(1) (iii) Unused Program Income—24 CFR Part 570.503(b)(3) (iv) Transfers of Program Income—24 CFR Part 570.504(b)(2) (v) Disposition of Program Income 24 CFR Part 570.504(c) (vi) Applicability of Uniform Administrative Requirements—24 CFR § 570.502 (vii) Subpart K of the CDBG Regulations, commencing with 24 CFR § 570.600 (viii) Section 3 Requirements specified herein. (ix) Federal Contract Provisions specified herein. With respect to any conflict between such federal requirements and the terms of the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation,the more stringent requirement shall control. Contractor shall be subject to the Davis-Bacon Act. The federal minimum wage rates are included in Appendix J of the Contract Documents and incorporated herein by this reference. When the Davis-Bacon wage rates and California prevailing wage rates differ for similar kinds of labor, the Contractor shall pay not less than the higher rate. Contractor shall additionally comply with the applicable flow down terms and conditions of the CDBG Funding Agreement, included in the Contract Documents as Appendix I and incorporated herein by reference. Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA A A y } ENNIF L. LL LVARO NUNEZ City Cler City Manager APPROVED AS TO FORM; SONIA R. CARVALHO CONTRACTOR: City Attorney S&H CIVIL WORKS By: 'w L KYLE NELLESEN J SS C. SOTTO Assistant City Attorney President RECOMMENDED FOR APPROVAL: FO ROSAS, PE Acting Executive Director Public Works Agency Page 4 of 4 CITY OF SANTA ANA Addendum No, Two PROPOSAL PROJECT NO.: 25-7527 CITY PARKS ADA SIDEWALK IMPROVEMENTS PROJECT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 5 G I V I LWQK V5 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 Remove existing asphalt walkway and 15.450 SF S Construct PCC Sidewalk at Memorial ` *1 I q q Park,Heritage Park,Tortola Park(T=6") e� " L 21 Project Advertisement Sign I LS S 1,200 S 1,200 TOTAL BASE BID S q Lj e Bid Alternates: Item Description Qty Unit Unit Price Amount 1 Remove existing asphalt walkway and 2150 SF S S construct PCC Sidewalk at rNtemorial Park(TI 6") 2 Remove and.construct PCC Sidewalk at 2130 SF S Lillie King Park(T=6") 3 Root Shave* 4 LA S $ 4 Demo Three Bleachers(NIenmorial Park) I LS $ BID AUFERATF TOTAL S TOTAL COST(BASE BID+BID ALTERNATES) $ 23 1p, �} � v P-1 of P-18 r CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-7527 CITY PARKS ADA SIDEWALK IMPROVEMENTS PROJECT 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 actua[ 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. t This bid item 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 (40) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,200 per calendar day. Name of Firm �` f✓1 V�[�uwf)C�kS Signature of BIDDER Title l>zeSI (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.) P-2 of P-18 Client#: 2069117 SHCIV ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOIYYYY) 10/07/2025 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONT WCT USI Insurance Services LLC PHONE Briana Parker 2375 E.Camelback Road,Suite 740 E-MAILS Ext:949.668-1818 Arc,No Phoenix,A2 85016 ADDft 8: briana.parker@usi.com INSURER(S)AFFORDING_COVERAGE _ NAIC# 877 468-6516 INSURER A:Colony Insurance Company 39993 INSURED 5&H Civilworks INSURER e:Arch Insurance Company 11150 1801 Hilltop Dr INSURER c:Admiral Insurance Company 24856 Colton,CA 92324 INSURER D INSURER E.- INSURER F; COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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 ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE 1NSR 4NV6_ FOLICYNUMBER_ MMIDpIYYYY) (MWDPnTn LIMITS A X. COMMERCIAL GENERAL LIABILITY X X 600GLO21889900 03/17/2025 03/171202 -EACH OCCURRENCE $5 000 000 CLAIMS-MADE OCCUR DAMGETaoccuel occurrence) $100000 X; Bi/PD Ded:2,500 MED EXP(Any one person) s5,000 PERSONAL&ADV INJURY $1,000 000 GEOL AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE $10,000,000 PR - POLICY 4 JECT n LOC PRODUCTS-COMP/OP AGG $10,000,000 OTHER: $ B AUTOMOBILE LIABILITY X X 'FBCAT0633200 3/1712025 03/17/202 .COMBINED k SINGLE LIMIT $5,000,000 ANY AUTO BODILY INJURY{Per person} $ OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY(Per accident) S HIRED AUTOS ONLY �!AUTOS ONELYY ! PROPERTY DAMAGE $ Per accklpnt $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DED f RETENTION$ $ # --- - WORKERS COMPENSATION - ---- - - AND EMPLOYERS'LIABILITY YIN ST PER- OTH- T ANY PROPRIETORIPARTNER!EXECUTIVE^ E.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? NIA (Mandatory In NH) '-'- I E.L.DISEASE-EA EMPLOYEE $ If yes.describe under ... DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Pollution Liab. X X FEIECC3651600 03/1712025 03/17/202 1,000,00012,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(AGGRO 1e1,Additional Remarks Schedule,may be attached If more space Is roquired) RE: Project: City Parks ADA Sidewalk Improvements Project(CDBG) DIgiWly signed Tu Tran N9 �" The General Liability and Auto Liability policy(s) includes an automatic Additional Insured endorsement Nguyen ozs,n.na that provides Additional Insured status to the Certificate Holder,only when there is a written contract oasass-oaoo that requires such status, and only with regard to work performed by or on behalf of the named insured.The (See Attached Descriptions) APPROVED CERTIFICATE HOLDER CANCELLATION By 7Lr Iran Nguyen at 8.56 am,Oct fib,2025 City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Civic Center Dr.Suite 200 ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE ® 8-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S51219501/M50640489 BXPJ D 7 ® DATE(MMlDD1YYYY) ACC R" CERTIFICATE OF LIABILITY INSURANCE 91lO/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($),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the pollcy(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 NAME: Ajay Gupta P s1s 99z.6000 arC,No Gupta Insurance and Financial Services A/C No Ext: ( ) { )' 11145 Tampa Ave ADDRESS: ajay®guptairrS.Com INSURER(S)AFFORDING COVERAGE NAIC A• Northridge CA 91326 INSURER A: EVEREST PREMIER INS CO 16045 INSURED INSURER B: S&H CivilWorks INSURER C: 1801 HILLTOP DR INSURER D INSURER E: COLTON CA 92324-4958 INSURER F: COVERAGES CERTIFICATE NUMBER: 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MWDINYYYY) (MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE F OCCUR PREMISES Ea occurrenC9 $ MED EXP(Any one person) $ PERSONAL&ADV INJUHY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑PRO ❑LOC PRODUCTS-COMPIOP AGO $ JECT OTH ER: AUTOMOBILE LIABILITY (Ea accident $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED (Peraccldant) $ AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ ORKERS COMPENSATION 'C STATUTE ER NO EMPLOYERS'LIABILITY Y I N NY PROP.RIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A FFICENMEMBER EXCLUDE ] NIA 7600026668251 02/15/2025 02/15/2026 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Mandatory in NH) f yea,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached It more space Is required) Project:City Parks ADA Sidewalk Improvements Project(CDSG) fATPRO EVD uye n aNg t 8 SCrani Ocf t78;24(JI , CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Aft�tu'pfra: Santa Ana CA 92701 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DESCRIPTIONS (Continued from Pagel) General Liability and Auto Liability policy(s) includes an endorsement providing that 30 days'notice of cancellation for reasons other than non-payment of premium and 10 days'notice of cancellation for non payment of premium will be given to the Certificate Holder by the Insurance Carrier.The General Liability and Auto Liability policy(s)contains a special endorsement with "Primary and Noncontributory"wording,when required by written contract.The General Liability and Auto Liability policy(s) provide a Blanket Waiver of Subrogation when required by written contract, except as prohibited by law. SAGITTA 25.3(2016103) 2 of 2 #S512195011M 50640489 S&H Civilworks Endorsement Number: 3 Automatic Additional Insured — Owners, Lessees or Contractors This endorsement, effective 03/17/2025, attaches to and forms a part of Policy Number FEI-ECG-36516-00. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of$Applied, this endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s)or organization(s)whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person's or organization's vicarious liability arising out of your ongoing operations performed for that insured. ECC-319-0712 O 2018, Freberg Environmental, Inc, Page 1 of 1 S&H Civilworks Endorsement Number: 4 Automatic Waiver of Subrogation Endorsement This endorsement, effective 03117/2025, attaches to and forms a part of Policy Number FEI-ECC-36516-00. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the following coverage part(s): CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s)or organization(s)to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. ECC-320-0712 O 2018, Freberg Environmental, Inc. Page 1 of 1 S&H Civilworks Endorsement Number: 12 Automatic Primary and Non-Contributory Insurance (Endorsement Designated Work Or Project(s) This endorsement, effective 03/1712025, attaches to and forms a part of Policy Number FEI-ECC-36516-00. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Coverage Part(s)indicated below: CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s)or organization(s)whom the Named Insured agrees, in a written contract,to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of an additional premium of$Applied, and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s)or organization(s) named in the schedule may have is excess and non-contributory to this insurance. ECC-548-0317 ©2018, Freberg Environmental, Inc. Page 1 of 1 600 GL 0218899-00 POLICY NUMBER: 600 GL 0218899-00 COMMERCIAL GENERAL LIABILITY CG 2010.1219 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES CAR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organizations) Location(s)Of Covered Operations Any person or organization required to be included as All locations as required by written contract with the an Additional Insured on this policy pursuant to written Named Insured. contract with the Named Insured, that is fully executed prior to the commencement of the work that Is called for in the contract. Where no coverage under this policy shall apply for the Named Insured, no coverage or defense shall be afforded to the Additional Insured. information required to complete this Schedule, If not shown above,will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these Include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury', "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed, or However_ 2. That portion of "your work" .out of which the 1. The insurance afforded to such additional injury or damage arises has been put to Its intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and engaged in performing operations for a 2. If coverage provided to the additional Insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 1219 0 Insurance Services Office, Inc., 2018 Page 1 of 2 600 GL 0218899.00 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional Insured is the amount of insurance; 1. Required by the contract or agreement; or Rage 2 of 2 d Insurance Services Office, Inc.,2018 CG 20 10 1219 600 G L 0218899-00 COMMERCIAL.GENERAL LIABILITY CG20341219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT - AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL_GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the Insurance afforded to these include as an additional insured any person(s) or additional insureds, this insurance does not apply organization(s) from whom you lease equipment to any "occurrence" which takes place after the when you and such person(s) or organization(s) equipment lease expires, have agreed in writing in a contract or agreement C. With respect to the Insurance afforded to these that such person(s)or organization(s) be added as additional insureds, the following is added to an additional insured on your policy. Such Section III—Limits Of Insurance: person(s)or organlzation(s) is an insuredonly with The most we will a on behalf of the additional respect to liability for bodily injury", property pay damage or "personal and advertising injury" insured Is the amount of insurance: caused, in whole or in part, by your maintenance, 1. Required by the contract or agreement you operation or use of equipment leased to you by have entered into with the additional insured; such person(s)or organization(s), or However, the insurance afforded to such 2. Available under the applicable limits of additional insured: insurance; 1. Only applies to the extent permitted by law; whichever is less. and This endorsement shall not increase the 2. Will not be broader than that which you are applicable limits of insurance, required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. CG 20 3412 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 600 G L 0218899.00 POLICY NUMBER: 600 GL 0218899-00 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE[ - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name.Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization required to be included as All locations as required by written contract with the an Additional Insured on this policy pursuant to written Named Insured. contract with the Named Insured,that is fully executed prior to the commencement of the work that is called for in the contract.Where no coverage under this policy shall apply for the Named Insured, no coverage or defense shall be afforded to the Additional Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -- Who Is.An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s)or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance.: with respect to liability for "bodily injury" or If coverage provided to the additional insured Is "property damage"caused,In whole or In part, by required by a contract or agreement, the most we "Your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of Insurance: performed for that additional insured and included 1 Required by the contract or agreement;or in the"products-completed operations hazard", g. However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; Insured only applies to the extent permitted by whichever is less, law; and This endorsement small not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 1219 0 Insurance Services Office, Inc,,201 a Page 1 of 1 600 GL 0218899.00 COMMERCIAL GENERAL LIABILITY CG 20 01 1219 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 This insurance is primary to and will not seek additional insured. 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 GG 20 01 12.19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 600 GL 0218899.00 POLICY NUMBER:600 GL 0218899-00 COMMERCIAL GENERAL LIABILITY CG24041219 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 Organlzatlon(s)-: Any person or organization required to be Included as an Additional Insured on this. policy pursuant to written contract with the Named Insured, that is fully executed prior to the commencement of the work that is called for In the contract.Where no coverage under this policy shall apply for the Named Insured, no coverage or defense shall be afforded to the Additional Insured. 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 0 Insurance Services Office, [no,, 2018 Page 1 of 1 600 GL 0218899.00 DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT - RESTRICTED FORM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All Projects which are afforded coverage under this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declara- t€ons as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" Under SECTION I -- COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I — COVERAGE C MEDICAL PAYMENTS, which can be attributed only to ongoing operations at a single designated con- struction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under SECTION t COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except damages because of"bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under SECTION I COVERAGE C MEDICAL PAYMENTS regardless of the number of: a. Insureds; b. Claims made or"suits" brought;or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages or under SECTION I - COVERAGE C MEDICAL PAYMENTS shall reduce the Designated Construction Project General Aggregate Limit for that des- ignated construction project. Such payments shall not reduce the General Aggregate Limit shown in the..Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damages to Premises Rented to You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 5 The most we will pay for the sum of all Designated Construction Project General Aggregate Limits combined and to which this insurance applies is $5,000,000. - B. For all sums which the insured becomes legally obligated to pay as damages caused by`occurrences" Under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UCG2503-1013 Includes copyrighted material of Insurance Services Office, Inc., 1996 Page 'I of 2 with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED . BLANKET This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Under Covered Autos Liability Coverage, the Who is. An Insured provision is amended to include as an "insured" the person or organization who is required under a written contract to be included as an "insured" under this policy, but only with respect to their legal liability for your acts or omissions or the act or omissions of a person for whom Covered Autos Liability Coverage is afforded under this policy, All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number; FSCAT0633200 Named Insured: S&H CIVILWORKS This endorsement is effective on the inception date of this Policy unless otherwise stated herein; Endorsement Effective Date: 3/17/2 0 2 5 i 00 CA011.5 00 1.0 13 Page 1 of 1 INSURM COPY POLICYNUMBER: F"BCAT0633200 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVER' 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Names) Of Person(s) Or Organization(s): BLANKET AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. 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. CA 04 44 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 INSURED COPY WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 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 2% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE BLANKET WAIVER OF REQUIRED BY WRITTEN CONTRACT OR AGREEMENT SUBROGATION TO OBTAIN THIS WAIVER OF RIGHT FROM US PRIOR TO INJURY. ©1998 by the Workers'Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers'Compensation Insurance Forms Manual© '1999. INSURED COPY CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 25-7525 City Parks ADA Sidewalk Improvements Change Order Number 1 To 5&H Civil Works 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 UNTCL 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 costs associated with surveying and providing a topological survey for Portola Park per PCO41. AGREED PRICE = $6,350.00 2. To compensate the contractor for costs associated with providing a grading plan for Portola Park per PCO#2. AGREED PRICE = $6,800.00 3. To compensate the contractor for costs associated with providing temporary fencing for Portola Park per PCO#3. AGREED PRICE = $2,125.00 4. To compensate the contractor for costs associated with removing and constructing additional PCC sidewalk at Portola Park per PCO#4. AGREED PRICE = $12,896.00 5. To compensate the contractor for costs of constructing PCC retaining curb at Portola Park per PCO#5. AGREED PRICE = $7,540.00 6. To receive credit from the contractor for costs associated with the reduced quantity of sidewalk construction at Memorial Park per PCO#6. AGREED PRICE = ($8,325,00) 7. To receive credit from the contractor for costs associated with the reduced quantity of Class II base at Memorial Park per PCO#7. Page 1 of 3 AGREED PRICE = ($1,380.00) 8. To compensate the contractor for costs associated with constructing a PCC driveway at Memorial Park per PCO#8. AGREED PRICE = $8,572.00 9. To compensate the contractor for costs associated with removing and constructing additional PCC sidewalk at Lillie King Park per PCO#9. AGREED PRICE = $12,800.00 TOTAL.AGREED CHANGE ORDER= $47,378.00 5 Page 2 of 3 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 25-7525 City Parks ADA Sidewalk Improvements Change Order Number 1 To S&H Civil Works Contractor You are hereby directed to make the herein changes from the plans and spe0ficatiens or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER G NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER Unless otherwise stated rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER. DECREASE $ _______________ INCREASE $ $47,378.00 By reason of this order the CONTRACT TIME completion wil!be adjusted as follows: Zero (0)Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept as full payment therefor the prices shown above. Acce Contractor S&H Civil Works Title Approval recommended by Date ZZ LIC WOR GEN EXE E D!R i Approved by Date C Attest: Date r ata CI ERK < �1.2 , � — Page 3 of 3