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HomeMy WebLinkAboutSTETSON ENGINEERS, INC. (4)ancE ON FILE f-,t PROCEED \� ,URANCE EXPIRES 06 II'al Ili, Ur COUNCIL N-2021-097 AGREEMENT TO PROVIDE CONSUMER CONFIDENCE REPORT SERVICES 0 `10L p1�M1uy�c��Pa TMS AGREEMENT is made and entered into this 1st day of May, 2021 by and between Stetson Engineers, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of Consumer Confidence Report and Public Health Goal Report Services for use by the Public Works Agency. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services — Exhibit A, attached hereto and incorporated by reference. b. On an as -needed basis, Consultant shall provide, at the sole discretion and request of the City, separate proposals for Consumer Confidence Report Services for calendar years 2021 and 2022, which shall need approval by the City's Public Works Agency. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement, including any extension period, shall not exceed $50,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page 1 of 8 3. TERM This Agreement shall commence on the date first written above and terminate on April 30, 2023 unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one 1-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 8 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured Page 3 of 8 and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement dining regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Page 4 of 8 Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE . Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Stetson Engineers Inc. 861 Village Oaks Drive, Suite 100 Covina, CA 91724 Page 5 of 8 Attn: Stephen B. Johnson, P.E., President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following Page 6 of 8 conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and govemed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 7 of 8 N-2021-097 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: - r Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: !T 191 T...--L John M. Funk Senior Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Krtaitine Ridge City Manager CONSULTANT ame: S-1-eP�n �. Jet^ ✓� Title: PiL&OFD Page 8 of 8 EXHIBIT A 861 Village Oaks Drive, Suite 100 • Covina, California 91724 Phone: (626) 967-6202 • Fax (626)331-7065 • Website:www.stetsonengineers.com Northern California Southern California • Arizona • Colorado • Oregon ENGINEERS INC. 1543-32 April 14, 2021 Mr. Robert Y Hernandez City of Santa Ana 220 South Daisy Avenue, Building A Santa Ana, California 92703 RE: Consumer Confidence Report - Calendar Years 2020, 2021, and 2022; and Triennial Public Health Goal Report - Calendar Year 2022 Dear Mr. Hernandez: Consumer Confidence Report The California Health and Safety Code Section 116470 (Title 22, Chapter 15, Article 20) requires every community water system to prepare an annual Consumer Confidence Report (CCR) and deliver the CCR to customers by July 1 of each year. Stetson Engineers Inc. (Stetson) is pleased to submit this proposal to assist the City of Santa Ana (City) with CCR preparation services. The CCR will be prepared in accordance with State Water Resources Control Board, Division of Drinking Water (DDW) regulations and guidance. Stetson has reviewed the City's water system and determined the proposed budget to assist the City with CCR preparation services is $2,100 for the calendar year 2020 report, based on our prior work and scope of services in preparing the CCR for the City (Stetson's Standard Billing Rate Schedule is attached). However, the proposed budgets for calendar years 2021 and 2022 could not be determined at this time, due to anticipated proposed changes to the CCR Rule that will likely impact the scope and budget for preparation of future CCRs. Public Health Goal Report State law requires the California Office of Environmental Health Hazard Assessment (OEHHA) to develop public health goals (PHGs) for regulated drinking water contaminants. The Calderon -Sher Safe Drinking Water Act of 1996 (Senate Bill 1307) required public water systems with more than 10,000 service connections which detect one or more contaminants in drinking water exceeding an applicable PHG to prepare a brief written report (PHG Report) in plain language on or before July 1, 1998, and every three years thereafter. Senate Bill 1307 lists the six requirements that must be included in a triennial PHG report, which are also listed in California Health and Safety Code Section 116470(b). Public water systems required to prepare a triennial PHG Report also are required to hold a public hearing for the purpose of receiving public comment on the PHG Report. Public water systems may hold the public hearing as part of any regularly scheduled meeting. The next triennial PHG Report is due by July 1, 2022. WATER RESOURCE PROFESSIONALS LICENSED BY THE STATE BOARD OF CONSUMER AFFAIRS 111 STETSON ENGINEERS INC. Mr. Robert Y Hernandez April 14, 2021 Paqe 2 Stetson is pleased to submit this proposal to prepare the triennial PHG Report for your water system. The triennial PHG Report will be prepared in accordance with California Health and Safety Code Section 116470(b) and Association of California Water Agencies (ACWA) guidance documents. We will need to contact you for water quality data and other information on your water system. Stetson has reviewed your water system and determined the proposed budget to prepare the triennial PHG Report is $4,100 for the calendar year 2022 report (Stetson's Standard Billing Rate Schedule is attached). Stetson's proposed budget does not include assisting your water system with holding the required public hearing and providing any required DDW notification of completion of the requirements. However, Stetson is prepared to assist your water system with holding the public hearing and providing any required DDW notification of completion of the requirements on a time and materials basis. Please feel free to contact me should you have any questions. Sincerely, 1 Yuen Yap Stetson Engineers Inc. Attachment: Stetson's Standard Fee Schedule JA1543U543-32 Santa Ana1202015antaAnaCCR-PHGGu0te_Final.do= ATTACHMENT Stetson's Standard Fee Schedule ENGINEERS INC. 2171 E. Francisco Blvd., Suite K • San Rafael, California 94901 Phone: (415) 457-0701 • Fax:(415)457-1638 • Website:www.stetsonengineers.com Northern California • Southern California • Arizona Colorado • Oregon Standard Billing Rate Schedule Professional Fees Principal $237.00 Per Hour Special Project Director $237.00 Per Hour Project Manager, Senior $206.00 Per Hour Supervisor I $206.00 Per Hour Supervising Soil Scientist $191.00 Per Hour Supervisor H $191.00 Per Hour Supervisor IH $185.00 Per Hour Senior I $165.00 Per Hour Senior II $149.00 Per Hour Senior III $134.00 Per Hour Construction Manager $134.00 Per Hour Construction Manager / Oversight $118.00 Per Hour Senior Construction Inspector $118.00 Per Hour Senior Field Geologist $134.00 Per Hour Senior Associate $128.00 Per Hour Associate I $122.00 Per Hour Associate H $116.00 Per Hour Associate III $111.00 Per Hour Associate Soil Scientist $111.00 Per Hour Senior Assistant $103.00 Per Hour Assistant I $98.00 Per Hour Assistant H $93.00 Per Hour Assistant Soil Scientist $93.00 Per Hour Assistant HI $88.00 Per Hour GIs Manager $122.00 Per Hour GIS Specialist 1 $101.00 Per Hour GIS Specialist II $91.00 Per Hour Technical Illustrator $88.00 Per Hour AutoCAD Technician $88.00 Per Hour Soil Technician $77.00 Per Hour Aide I $72.00 Per Hour Aide II $62.00 Per Hour Aide HI $57.00 Per Hour Project Coordinator I $134.00 Per Hour Project Coordinator II $98.00 Per Hour Project Coordinator III $88.00 Per Hour Contract Management $103.00 Per Hour Administrative I $72.00 Per Hour Administrative II $67.00 Per Hour Administrative HI $62.00 Per Hour Effective January I, 2019 W A T E R R E S O U R C E P R O F E S S I O N A L S S E R V I N G C L T E N T S S I N C E 1 9 5 7 Direct Expense Rates Expense Description Fax Mileage Reproduction: Black & White (In -House) Reproduction: Color - 8.5" x 11" (In -House) Reproduction: Color - I V x 17" (In -House) Plotter Reproduction (In -House) Specialty Computer Expense (In -House) 4x4 Track with Drill Rig Survey Equipment STETSON ENGINEERS 11C. Billing Rate $0.30 / Page $* / Mile $0.15 / Page $0.89 / Page $1.89 / Page $1.50 / Sq. Ft. $15.00 / Hour $150.00 / Day $120.00 / Day Notes: I) * Mileage is billed at the current IRS approved mileage rate and may be subject to change. 2) Subcontractor services will be charged at cost plus 10% administration fee. 3) All other project reimbursable expenses (i.e., telephone, commercial transportation, meals, lodging, postage, outside reproduction, etc.) will be billed at cost. 4) Testimony fees are 150% of standard rates and apply to depositions, court time and time spent on stand-by at attorney's request. Travel time and preparation time is charged at standard rates. Stetson Engineers Inc. authorizes only staff at associate classification or higher to testify as expert witnesses. W A T E R R E S O U R C E P R O F E S S I O N A L S S E R V I N G C L I E N 'r S S I N C E 1 9 5 7 Dl11l ayslgretl Cy FantlneR Francine R. Villareal Ylle,e,l /_qN STETS-1 ""` p° 1 '4� R� CERTIFICATE OF LIABILITY INSURANCE DATE 3/2021Y) 02103/2021 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 endorsements . PRODUCER 888-420-1967 InsPro. Rhonda Buck Insurance Services 4020 Moorpark Avenue, #104 San Jose, CA 95117 CONrncT Inspro Agents&Brokers Ins Sery PHONE 888-420-1967 FAX 408-241-0037 (A/C, No, Ezt): (AIC, No): E-MAIL ESS: INSUREFUSI AFFORDING COVERAGE NAIC If Inspro Agents&Brokers Ins Be" INSURER A : Hanover American Ins Co#36064 MNS RE Engineers Inc. 2171 E. Francisco §lvd, Ste. K 2171 E. San Rafael, CA 94901 INSURERS : U.S. Specialty Ins. Co. #29599 INSURER G Allmerica Financial Ben.#41840 INSURER D INSURER E : INSURER F : COVFRAr7FS CFRTIFIRATF MIIMRFR- oesncrnM anraaove. 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 TYPE OF INSURANCE IN DOL UBR POLICY NUMBER POLICY EFF POLICY EXP 07/01/2021 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR OZFD95532201 07/01/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea accurrencOMED $ 300000 EXP (Anyone erson $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY El wf LOG GENERAL AGGREGATE $ 2,000,000 GEN'L PRODUCTS - COMP/OP AGG 2,000,000 OTHER: C AUTOMOBILE LIABILITY COMBINED accident,SINGLE LIMIT $ 1 ggg ggg X BODILY INJURY Per persorn $ ANY AUTO OWNED SCHEDULED AUTOS ONLYNAUTOS AWFD95530601 07/01/2020 07/01/2021 BODILY INJURY Per accident)$ X AUTOS ONLY AUUTOS ONLY PeOaccltl nDAMAGE $ A UMBRELLA LIAR M OCCUR EACH OCCURRENCE $ 3,000,000 AGGREGATE 1 3,000,000 X EXCESS LIAB CLAIMS -MADE OZFD95532201 07/01/2020 07/01/2021 DED IXI RETENTION$ O A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE )EXCLUDED? (Mandatoryln qMandaRry InNH) Dyes, describe under antl DESCRIPTION OF OPERATIONS below N/A WZFD92893201 07/01/2020 07/01/2021 X PER OTH- E E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYE $ 1,000,000 E.L. DISEASE -POLICY LIMIT 1,000,000 B Professional Liab. USS2030941 07/01/2020 07/01/2021 Ea. Claim 2,000,000 Deductible$50,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) 30 day notice of cancellation except 10 days when for nonpayment of premium. City of Santa Ana its officers, employees, agents and representatives are additional insured as required by written contract with respect to operations of the named insured per form 3911006 and 4610478 attached. Waiver of subrogation per attached WC040306. City of Santa Ana Risk Mgmt Division 20 Civic Center Plaza 4th Fir Santa Ana, CA 92701 CITY-15 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988.2015 ACORD The ACORD name and logo are registered marks of ACORD F4k*�;: Z W&Vd Risk Management Analyst POLICY NUMBER: OZFD95532201 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit ncluded 1 2. Additional Insured - Broad Form Vendors ncluded 2 3. Alienated Premises Included 3 4. Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators Included 3 5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3 6, Personal and Advertising Injury Broad Form Included 4 7. Product Recall Expense Included 4 Product Recall Expense Each Occurrence Limit $25,000 Occurrence 5 Product Recall Expense Aggregate Limit $50,000 Aggregate 5 Product Recall Deductible $500 5 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included g This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - LIABILITY: 1. Additional Insured by Contract, Agreement or Permit The following is added to I SECTION II - LIABILITY, C. Who Is An Insurer: Additional Insured by Contract' Agreement or Permit a. Any person or organization. with whom you agreed In a written contract, written agreement or permit to adsuch person or organization as an additional insured on your policy 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 your acts or omissions, or the acts or omissions of those actinG on your behalf, but only with respect to: (1) "Your work" for the additional Insured(s) designated In the contract, agreement or permit; (2) Premises you own, rent, lease or occupy; or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) WIII not be broader than the Insurance which you are required by the contract, agreement or permit to provide for such additional insured. (3) Applies on a primary basis if that is required by the written contract, written agreement or permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply If the "bodily Injury", "property damage" or "personal and advertising injury'is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. 391.1006 08 16 Includes copyrighter materials of Insurance services Offices, Inc., with Its permissic Risk maw Ment Dix®nn E2 REmEwEDSAPPRO Sr Risk Management Analyst L0. a"\� Hanover Insurance Group- OZF D955322 5701761 c. This provision does not apq y: The most we will pay on behalf of the (1) Unless the written ccntract or written additional Insured for a covered claim is the agreement was executibd or permit was lesser of the amount of insurance: Issued prior to the bodily injury", "property damage", orl personal Injury 1. Required by the contract, agreement or permit described in Paragraph a.; or and advertising Injury", (2) To any person or org nization Included 2. Available under the applicable Limits of Insurance shown in the Declarations. s an insured by a m er endorsement Issued by us and m de part of this This endorsement shall not Increase the Coverage Part. applicable Limits of Insurance shown in the (3) To any lessor of equipm nt: Declarations (a) After the equipment,lease expires; or e. All other insuring agreements, exclusions, and conditions of the policy apply. (b) If the "bodily Injury"'"property damage", "personal 2. Additional Insured - Broad Form Vendors and advertising arises out o� sole negligence The following Is added to SECTION If - of the of the lessor. LIABILITY, C. Who Is An Insured: (4) To any: Additional Insured - Broad Form Vendors (a) Owners or other interests from whom a. Any person or organization that is a vendor land has been leased if the with whom you agreed In a written contract "occurrence' takes place or the or written agreement to Include as an offense is committed after the lease additional Insured under this Coverage Part for the land expires; for is an insured, but only with respect to Ilability (b) Managers or lessors of premises if: for obodily Injury' or 'property damage" arising out (i) The "occurrence" takes place or of your products" which are distributed or sold in the regular course of the offense is committed after the vendor's business. you cease to be a tenant In that premises; or b. The insurance afforded to such vendor described above: 01) The "bodily In Jury", "property damage", 'personal Injury' or (1) Only applies to the extent permitted by advertising Injury" arises out of law; (2) Will structural alterations, new not be broader than the Insurance construction or demolition which you are required by the contract or operations performed by or on agreement to provide for such vendor; behalf of the manager or lessor. (3) Will not be broader than coverage (5) To "bodily injury", "property damage" or "Personal provided to any other insured; and and advertising Injury" arising out of the rendering of or the failure to (4) Does not apply If the "bodily Injury", "property damage" "personal render any professional services, or and advertising injury" is otherwise excluded This exclusion applies effen if the claims from coverage under this Coverage Part, against any insured allege negligence or Including any endorsements thereto other wrongdoing in the supervision, hiring, employment, training or c. With respect to insurance afforded to such vendors, the following additional exclusions monitoring of others by that insured, If apply: the "occurrence" which caused the bodily In or "prop rty damage" or The insurance afforded to the vendor does the offensee which taus d the "personal not apply to: and advertising injury. Involved the rendering of failure (1) "Bodily Injury" or "property damage" for or to render any Professional services by r for you. which the vendor is obligated to pay damages by reasons of the assumption of d. With respect to the Insura'ice afforded to liability in a contract or agreement. This these additional Insureds, he following Is exclusion does not apply to liability for added to SECTION 11 - LIABI ITY, D. Liability damages that the insured would have in and Medical Expense Limits Insurance: the absence of the contract or agreement; (2) Any express warranty unauthorized by you; i1.s j 391-1006 08 16 Includes copyrighted aterlals of Insurance Services offices, Inc., with Its permission RlekMvuganndDMfibn ON2so 4._ f, t RImEwEDSMPRovmar. ' ' �v�rr,:e.a Risk Management Malysi (3) Any physical or chemi al change in the product made inten Tonally by the vendor; (4) Repackaging, unless u acked solely for the purpose Inspection, demonstration, test' 10, or the substitution of parts rider instruction from the manufact Ter, and then repackaged In the orlglijal container; (5) Any failure to make such inspection, adjustments, tests or ervicing as the vendor has agreed to i iake or normally undertakes to make in he usual course of business In connect n with the sale of the product; (6) Demonstration, instalia on, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after d stribution or sale by you, have been labeled or relabeled or used as a con ainer, part or ingredient of any ther thing or substance by or for the endor; (8) "Bodily injury" or "pr perty damage" arising out of the sole negligence of the vendor for Its own acts or omissions or those of Its employees or anyone else acting on Its behalf. However, this exclusion does not apply to: (a) The exceptions con allied within the exclusion In subpar graphs (4) or (6) above; or (b) Such inspections, adjustments, tests or servicing as tie vendor has agreed to make or normally undertakes to ma in the usual course of busines in connection with the distributior or sale of the products. (9) "Bodily injury" or "pr perty damage" arising out of an "occu ence" that took place before you have signed the contract or agreement Ih ith the vendor. 00)To any person or orga ization Included as an insured by another endorsement issued by us and male part of this Coverage Part. (11)Any Insured person or organization, from whom you have acquired such products, or any ingr client, part or container, entering Into accompanying or containing such prodl. tS. d. With respect to the insureiurance- The 391-1006 99 16 Includes copyrighted materials of Insurance Services offices, Inc., with Its permissio. qy, RinkMawganmtDMsion (R`EvtEWED &nAPPROVED BY. 1 ' F'Lt1Y.�hL )�. Vw".1 �_Wn Ruk Management Analyst 4 L&§,, Hanover Insurance Group- OZF D955322 5701761 emergency medical technician employed by you if you are ni or paramedic it engaged in the o. Recall of Products, Work or Impaired business or occupation of p oviding medical, Property is replaced by the following: Paramedical, surgical, dental, x-ray or nursing o. Recall of Products, Work or Impaired services. Property 6. Personal Injury - Broad Form Damages claimed for any loss, cost or a. SECTION II -LIABILITY, Exclusions, 2. expense incurred by you or others for the loss Additional Exclusions Applicable "Personal only to of use, withdrawal, recall, Inspection, repair, and Advertising I 6. is deleted. jury', paragraph replacement, adjustment, removal or disposal of: b. SECTION II - LIABILITY, F. Liability and (1) "Your product"; Medical Expenses Definitio is, 14. "Personal (2) "Your work"; or and advertising injury", aragraph b, is (3) "Impaired property"; replaced by the following: b. Malicious prosecution or abuse of If such Product, work or property I withdrawn or recalled from the market or process. from use by any person or organization c. The following is added t SECTION 11 - because of a known or suspected defect, LIABILITY, F. Liability and edical Expenses deficiency, Inadequacy or dangerous Definitions, Definition 14. "Personal and condition In it, but this exclusion does advertising injury': not apply to product recall expenses" Discrimination" (unless ins rance thereof is that you Incur for the "covered recall" of Prohibited by law) that resu s in injury to the Your product". feelings or reputation of i natural person, However, the exception to the exclusion but only If such "discriminat n" is: does not apply to "product recall (1) Not done intentlonall by or at the expenses" resulting from: direction of: (4) Failure of any products to accomplish (a) The insured; their intended purpose; (b) Any officer of a corporation, (5) Breach of warranties of fitness, quality, durability or director, stockhold r, partner or performance; member of the insur d; and (6) Loss of customer approval, or any (2) Not directly or indirecty related to an cost Incurred to regain customer "employee", not to tie employment, approval; prospective employmen or termination (il Redistribution or replacement of of any person or person by an Insured, "Your product" which has been d. For purposes of this er dorsement, the recalled by like products or substitutes; following definition Is added to SECTION II - LIABILITY, F. Liability and h edical Expenses (6) Caprice or whim of the insured; Definitions: (9) A condition likely to cause loss of 1. "Discrimination" meant the unlawful which any insured knew or had treatment of individuals t ased upon race, reason to know at the Inception of color, ethnic origin. Bend r, religion, age, this insurance; or sexual preference. does not include the un 'Discrimination" awful treatment (10)Asbestos, including loss, damage or of individuals based upor developmental, clean up resulting from asbestos or asbestos containing materials; Physical, cognitive, menial, emotional ImpaIrmert sensory or or (11)Recall of "your products" that have combination of these. or any no known or suspected defect solely e. This coverage does not EPPIY "personal if liability because a known or suspected defect in another of "your products' coverage for injury" is excluded either by nd advertising a provisions of has been found. the Coverage Form or ary thereto. endorsement b. The following Is added to SECTION II - LIABILITY, C. Who Is An Insured, paragraph 3.b.:"Product 7. Product Recall Expense a. SECTION 11 - LIABILITY, B Exclusions, 1. recall expense" arising out of any withdrawal or recall that occurred before you Applicable To Business Lia illity Coverage, acquired or formed the organization. UI... 391-1006 08 16 Includes copyrighted aterlals of Insurance Services Offices, Inc., with its permission. OU291 RfekManagementDhisi n Kp.rRt EWED&nAPPRO/Vm;BYE: �' rlI 1YNi,! R. V�CWI(Ft. ®'. ® Ruk Management Analyst c. The following Is added LIABILITY, D. Liability and Limits of Insurance: Product Recall Expense Lir a. The Limits of Insurer SUMMARY OF COV endorsement and the I fix the most that we v Product Recall Exl regardless of the numb (1) Insureds; (2) "Covered Recalls" (3) Number of " withdrawn. b. The Product Recall E) Limit is the most that you for the sum of a expenses" Incurred recalls" Initiated during c. The Product Recall Limit is the most connection with any deficiency. d. All "product recall connection with subst general harmful co deemed to arise out o or deficiency and "occurrence". e. Any amount reimburi recall expenses" in co one "occurrence" will n of the Product Recall E; Limit available for r "product recall expens with any other defect of f. If the Product Recall EI Limit has been reimbursement of expenses" to an amoun the Product Recall Occurrence Limit, Aggregate Limit is the available for reimburse recall expenses" In col other defect or deficient g. Product Recall Deductib We will only pay for "product recall expens excess of the $500 Deductible. The I Deductible applies sel "covered recall". The II will not be reduced by t deductible. We may, or will if requir or any part of any ded applicable. Upon notic 391-1006 08 16 SECTION II - dicel Expenses ;of Insurance shown In the AGES of this es stated below pay under this Ise Coverage of: or products" ense Aggregate will reimburse "product recall r all "covered ie policy period. ich Occurrence e will pay In one defect or enses" in ly the same n will be same defect idered one for "product Aion with any :e the amount Ise Aggregate )ursement of In connection ense Aggregate reduced by Droduct recall that Is less than Expense Each he remaining lost that will be lent of "product Iectlon with any the amount of o" which are In Product Recall oduct Recall Irately to each Its of insurance amount of this I by law, pay all :tible amount, If of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown In the Declarations, unless the policy period Is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. d. The following is added to SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of 'your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. e. For the purposs of this endorsement, the following definitions are added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, Inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". 2. "Product recall expense(s)" means: a. Necessary and reasonable expenses for: (1) Communications, Including radio or television announcements or printed advertisements Including stationary, envelopes and postage; Includes copyrighte materials of Insurance Services Offices, Inc., with Its parmissle n„, RiskMatugementDivisian t. RwExeD & APPRovm BY: ��' Risk Management Malyst me Hanover Insurance Group- OZF D955322 5701761 (2) Shipping the I ecalled products (1) If the "products - completed operations from any purch iser, distributor or hazard" is excluded from coverage under user to the place or places this Coverage Part including any designated by i >u; endorsement thereto; or (3) Remuneration paid to your (2) To "product recall expense" arising out of regular "e ployees" for any of 'your products" that are otherwise necessary over ime; excluded from coverage under this (4) Hiring addition I persons, other Coverage Part Including endorsements than your regul r "employees"; thereto. (5) Expenses incuri ed by "employees" 6. Unintentional Failure to Disclose Hazards Including tra isportation and The following is added to SECTION 11 - accommodatlo ; LIABILITY, E. Liability and Medical Expenses (6) Expenses to rent additional General Conditions: warehouse or s orage space; Representations (7) Disposal of ur product", but We will not disclaim coverage under this only to the atent that specific Coverage Part if you fall to disclose all hazards methods of des ruction other than existing as of the inception date of the policy those emplo ad for trash provided such failure is not intentional. discarding of required to avi disposal are 9, Id bodily injury" Unintentional Failure to Notify or "property da age" as a result The following is added to SECTION II - of such dispose LIABILITY, E. Liability and Medical Expenses uIncur you Incur exclusive "your for the purpose y p p General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim Suit: of recalling p duct"; and or b. Your lost profit re ulting from such Your rights afforded under this Coverage Part "covered recall". shall not be prejudiced if you fail to give us f. This Product Recall Expen a Coverage does notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented not apply: belief that the "bodily injury", "property damage" or "personal and advertising Injury" is not covered under this Policy. ALL OTHER POLICY NUMBER: OZFD95532201 CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. Pft 391-1006 08 16 Includes copyrlghteq materials of Insurance Services Offices, Inc., with Its permissiol f004292 Rielt1dwagmuntIpMalan CREM&(APPRO�V/m BYE: �_�ItYgWyiL�E/4 r'1lNYiMI {�. V�c+fAP.ic Risk Management Analyst POLICY NUMBER: OZFD95532201 BUSINESSOWNERS COVERAGE FORM H. OTHER INSURANCE 2. SECTION II- LIABILITY If other valid and collectible insurance is available to the insured for a loss we cover under SECTION II — LIABILITY, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in paragraph c. below. HOWEVER, if you agree in a written contract, written agreement, or written permit that the insurance provided to ANY PERSON OR ORGANIZATION included as an Additional Insured under this Coverage Part is primary and non-contributory, we will not seek contribution from any other insurance available to that Additional Insured which covers the Additional Insured as a Named Insured except: (1) For the sole negligence of the Additional Insured; or (2) When the Additional Insured is and Additional Insured under another liability policy. b. Excess insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for "your work"; (b) That is Property Insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent no subject to SECTION II — LIABILITY, Exclusion g. Aircraft, Auto or Watercraft; and (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess, we will have no duty under SECTION II — LIABILITY to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. wakn�q�„enk;,�n e9 E'�i REVIEWED 6 APPROVED BY: F44W.,.� Z VGA m4a �� Ruk Managemem Malyst c. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this provision and was not brought specifically to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage. e. Method of Sharing — if all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains; whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable Limit of Insurance to the total applicable limits of insurance of all insurers. When this insurance is excess, we will have no duty under Business Liability Coverage to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so; but we will be entitled to the insured's rights against all those other insurers. This is only a portion of form 391-1003 (Hanover Insurance 08/16) for reference only. This is not Intended to afford coverage. The entire 81 page coverage form 391-1003 08/16 is available for review upon request. POLICY NUMBER: OZFD95532201 xhleMamgement Dme m .9 RWEMM 6 APPROVm BY. n ...... �'� Risk Management Analyst POLICY NUMBER: OZFD95532201 Hanover JnsuraDc, Group- OZF D965322 6701761 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE' Name Of Person Or Organization: "AS REQUIRED BY WRITTEN CONTRACT" Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III - Common Pol- icy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for Injury or damage arising out of your ongoing op- erations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above, M. 009145 BP 04 97 07 02 Copyright, ISO Properties, Inc., 2001 Ride MMIg mind Division REMEWED&APPRw®6Y. ( rll.h P, MZAN �. Risk Management Malyst POLICY NUMBER: AWFD95530601 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART A. The following Is added to SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured: Additional Insured if Required by Contract If you agree in a written contract, written agreement or written permit that a person or organization be added as an additlonal "Insured" under this Coverage Part, such person or organization is an "Insured"; but only to the extent that such person or organization qualifies as an "insured" under paragraph A.9.c. of this Section. If you agree in a written contract, written agreement or written permit that a person or organization be added as an additional "insured" under this Coverage Part, the most we will pay on behalf of such additional "Insured" is the lesser of: (1) The Limits of Insurance for liability coverage specified In the written contract, written agreement or written permit; or (2) The Limits of Insurance for Liability Coverage shown in the Declarations applicable to this Coverage Part. Such amount shall be part of and not In addition to the Limits of Insurance shown In the Declarations applicable to this Coverage Part. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accldenr, the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" Is the Limit of Insurance for Liability Coverage shown in the Declarations. B. The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B. General Conditions, subparagraph 5. Other Insurance: Primary and Non -Contributory If you agree in a written contract, written agreement or written permit that the insurance provided to a person or organization who qualifies as an additional "insured" under SECTION 11 - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured, subparagraph Additional Insured if Required by Contract Is primary and non-contributory, the following applies: The liability coverage provided by this Coverage Part is primary to any other insurance available to the additional "insured" as a Named Insured. We will not seek contribution from any other Insurance available to the additional "insured" except: (1) For the sole negligence of the additional "Insured"; or (2) For negligence arising out of the ownership, maintenance or use of any "auto" not owned by the additional "Insured" or by you, unless that "auto" is a "trailer" connected to an "auto" owned by the additional "insured" or by you; or (3) When the additional "insured" Is also an additional "Insured" under another liability policy. C. This endorsement will apply only if the "accident" occurs: 1. During the policy period; 2. Subsequent to the execution of the written contract or written agreement or the issuance of the written permit; and 3. Prior to the expiration of the period of time that the written contract, written agreement or written permit requires such insurance to be provided to the additional "insured". D. Coverage provided to an additional "Insured" will not be broader than coverage provided to any other "insured" under this Coverage Part. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 451-0478 12 12 Includes copyrighted material of ISO Insurance Services Office, Inc., with Its permission Rinse ManagementD vislat 11 l� REVIEWED& AP1PIR�CMIM Sr. ( '® Ruk Management Analyst POLICY NUMBER: AWFD95530601 Hanover insurance Group, AWFD955306 6701761 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. CANCELLATION EXTENSION Paragraph A. CANCELLATION 2. b, of the COMMON POLICY CONDITIONS is replaced with the following: b. 60 days before the effective date of cancellation If we cancel for any other reason. SECTION I - COVERED AUTOS 2. EMPLOYEE HIRED "AUTOS" Description Of Covered Auto Designation Symbols; Symbol 8 is replaced by the following: 8 = Hired "Autos" Only - Only those "autos" you lease, hire, rent or borrow; Including "autos" your employee hires at your direction, for the purpose of conducting your business. This does not include any "auto" you lease, hire, rent, or borrow from any of your "employees" or partners or members of their households. SECTION II - LIABILITY COVERAGE 3. BROADENED NAMED INSURED The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph 1. Who Is An Insured provision: d. Any business entity for which you have a financial interest greater than 50% of the voting stock or otherwise have a controlling Interest after the effective date of this policy or that is newly acquired or formed by you during the term of this policy. The coverage provided by this provision is afforded until expiration or termination of this policy, whichever occurs earlier. The coverage provided by this provision does not apply to any business entity described in d. above that qualifies as an insured under any other automobile liability policy issued to that business entity as a named insured or would have been an Insured except for the exhaustion of the Policy limits or the Insolvency of the insurer. The coverage provided by this provision does not apply to "bodily injury' nor "property damage" arising from an accident that occurred prior to your acquiring or forming the business entity described in d. above. Includes copyrighted material of Insurance Services Office, Inc. with its per EM 461-0155 (9 97) Copyright, Insurance Services Office, Inc., 1996 004389 Risk Management Dh isian rd Rt EwED 6 APPROVED Br. Risk Management Matysl 4. EMPLOYEES AS INSUREDS The following is added to the SECTION II - LIABILITY COVERAGE, Paragraph 1. Who Is An Insured provision: e. Any employee of yours is an "Insured" while using a covered "auto" you do not own, hire or borrow In your business or your personal affairs. S. SUPPLEMENTARY PAYMENTS The following amends SECTION II - LIABILITY COVERAGE, Paragraph 2. Coverage Extensions provision: Paragraph (2) is replaced by the following: (2) Up to $2500 for cost of ball bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. Paragraph (4) Is replaced by the following: (4) All reasonable expenses Incurred by the "Insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 6. AMENDED FELLOW EMPLOYEE EXCLUSION The following is added to the SECTION II - LIABILITY COVERAGE, B. Exclusions Paragraph 5. Fellow Employee exclusion: This exclusion does not apply If the "bodily injury' arises from the use of a covered "auto' you own or hire. This coverage is excess over any other collectible insurance SECTION III - PHYSICAL DAMAGE COVERAGE. 7. EXPENSE OF RETURNING A STOLEN 'AUTO' and SIGN COVERAGE The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, A.I. COVERAGE: d. Expense Of Returning A Stolen 'Auto' We will pay for the expense of returning a covered "auto" to you. e. Sign Coverage We will pay for loss to signs, murals, paintings or graphics, as part of equipment, which are displayed on a covered "auto". The most we will pay for "loss' in any one "accident" Is the lesser of: 1. The actual cash value of the property as of the time of the "loss"; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or 3. $2.000. 8. GLASS BREAKAGE DEDUCTIBLE The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE paragraph 3. Glass Breakage - Hitting a Bird or Animal - Falling Objects or Missiles: Any deductible shown in the Declarations as applicable to the Includes copyrighted material of Insurance Services Office, Inc. with its permission. 461-0155 (9-97) Copyright, Insurance Services Office, Inc., 1996 Rill Mnwgement Dividan rrRtvet &((AJP`P,RO�V}EDBYE: Ruk Management Analyst HInsaurance novGrouerp- AWFD955306 5701761 covered "auto" will not apply to glass direction, for the purpose of breakage If such glass is repaired, conducting your business, for a rather than replaced. period of 30 days or less, of like kind and use as the "autos" you 9. TRANSPORTATION EXPENSE own, subject to the following: Paragraph 4. Coverage Extension. of The most we will pay for any one SECTION III - PHYSICAL DAMAGE loss is the lesser of the following: COVERAGE, A. COVERAGE Is replaced with the following: a. $50,000 per accident, or b. cash value, or 4. Coverage Extension c. the cost of repair, We will pay up to $50 per day to a minus the deductible equal to the maximum of $1500 for temporary lowest deductible applicable to transportation expense Incurred any owned "auto" for that by you because of the total theft of coverage. Any deductible shown a covered "auto" of the private in the Declarations does not apply passenger type. We will pay only to "loss" caused by fire or for those covered "autos" for lightning. Subject to the limit and which you carry either deductible stated above, we will Comprehensive or Specified provide coverage equal to the Causes of Loss Coverage. We will broadest coverage provided to pay for temporary transportation any covered "auto" you own, that expenses incurred during the is applicable to the loss. period beginning 24 hours after the theft and ending, regardless of If the loss arises from an accident the policy s expiration, when the for which you are legally liable covered "auto' is returned to use and the lessor incurs an actual or we pay for Its "loss". financial loss from that accident, we will cover the lessor s actual 10. HIRED AUTO PHYSICAL DAMAGE financial loss of use of the hired "auto" for a period of up to seven The following is added to SECTION III - consecutive days from the date of PHYSICAL DAMAGE COVERAGE, A. the accident, subject to a limit of COVERAGE: $1,000 per accident. 5. Hired Auto Physical Damage 11. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE If hired "autos" are covered "autos" for Liability Coverage and The following is added to SECTION III if Physical Damage Coverage of PHYSICAL DAMAGE COVERAGE, A. Comprehensive, Specified Causes COVERAGE: of Loss, or Collision is provided under this Coverage Form for any 6. Audio, Visual and Data Electronic "auto" you own, then the Physical Equipment Coverage Damage Coverage(s) provided is extended to "autos" you hire We will pay for "loss" to any without a driver or your employee electronic equipment that receives hires, without a driver, at your Includes copyrighted material of Insurance Services Office, Inc. with Its permission. Copyright, Insurance Services Office, Inc., 1996 004370 RiakMcnagwLadDMsbn RE Ewen & APPRovEc Br. F,, . z V&,W. l Rtsk Management Analyst or transmits audio, visual or data equipment Is permanently signals and that Is not designed installed In the covered solely for the reproduction of "auto", and sound. This coverage applies b. Permanently installed only If the equipment Is in the opening of the dash permanently installed in the or console normally used covered "auto" at the time of the by the manufacturer for "loss" or the equipment is the installation of a radio. removable from a housing unit which is permanently Installed in With respect to coverage herein, the covered auto at the time of the LIMIT OF INSURANCE the "loss", and such equipment Is provision of PHYSICAL DAMAGE designed to be solely operated by COVERAGE is replaced by the use of the power from the "auto s" following: electrical system, In or upon the covered "auto", Including its 1. The most we will pay for all antennas and other accessories. "loss" to audio, visual or data However, this does not Include electronic equipment and any tapes, records or discs, accessories used with this The exclusions that apply to equipment as a result of any one "accident" is the lesser of PHYSICAL DAMAGE COVERAGE, except for the exclusion relating to a. The actual cash value of Audio, Visual and Data Electronic the damaged or stolen Equipment, also apply to coverage property as of the time of provided herein. In addition, the the "loss"; or following exclusions apply: b. The cost of repairing or We will not pay, under this replacing the damaged or stolen property with other coverage, for either any electronic property of like kind and equipment or accessories used quality; or with such electronic equipment c. $500. that is: 2. An adjustment for 1. Necessary for the normal depreciation and physical operation of the covered condition will be made in "auto" or the monitoring of determining actual cash value the covered "auto s" at the time of the "loss". operating system; or 3. Deductibles applicable to 2. Both: PHYSICAL DAMAGE COVERAGE, do not apply a. An integral part of the to this Audio, Visual and Data same unit housing any Electronic Equipment sound reproducing Coverage. equipment designed solely for the If there is other coverage provided reproduction of sound if by this policy for audio, visual and the sound reproducing data electronic equipment, the coverage provided herein is Includes copyrighted material of Insurance Services Office, Inc. with Its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) RAMuugementDhisinn � REIAE & APPROV® By. [ 1[LL®LL�f-L r MtiYM�1 z vsm4d ®- Ruk Management Analyst Hanover Insurance Group- AWFD955306 5701761 excess. However, you may elect to apply the limit or any portion covered"auto'. If loss Is thereof of coverage provided caused by theft, this herein to pay any deductible that number of days is added is applicable under the provisions to the number of days it of the other coverage. takes to locate the covered "auto" and transport it to a 12. RENTAL REIMBURSEMENT and repair shop. MATERIAL TRANSFER EXPENSE 2. 60 days. The following Is added to SECTION III • Our payment is limited to the PHYSICAL DAMAGE COVERAGE, A. lesser of the following amounts: COVERAGE: 7. Rental Reimbursement and 1. Necessary and actual Material Transfer Expense expenses incurred, Including loss of use. This coverage provides only those 2. $3000. Physical Damage Coverages where a premium is shown in the This auto rental expense coverage Declarations. It applies only to a does not apply while there are covered "auto" described or designated to which the Physical spare or reserve "autos" available to you for your operations. Damage Coverages apply. We will pay for auto rental If "loss" results from the total theft of a covered "auto" of the private expenses and the expenses, passenger type, we will pay under incurred by you because of "loss" this coverage only that amount of to a covered "auto", to remove your rental reimbursement and transfer your materials and expenses which is not already equipment from the covered "auto" provided for under the SECTION . Payment applies In III - PHYSICAL DAMAGE addition to the otherwise COVERAGE. A. 4. Coverage applicable amount of each Extension. coverage you have on a covered "auto". No deductibles apply to 13. AIRBAG COVERAGE this coverage. We will pay only for those auto The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, B. rental expenses Incurred during the policy period beginning 24 Exclusions, paragraph 3. hours after the "loss" and ending, The portion of this exclusion relating to regardless of the policy s mechanical or electrical breakdown does expiration, with the lesser of the following number of days: not apply to the accidental discharge of an airbag. This coverage is excess of other I. The number of days collectible insurance or warranty. No deductible applies to this Airbag reasonably required to Coverage, repair or replace the Includes copyrighted material of Insurance Services Office, Inc. 14, 461-0155 (9-97) Copyright, Insurance Services Office, Inc., 1996 O 4371 with its permission, d xtekMnnagenmtl)iwian aEmEwED S APPROVm aY: Risk Management Malyst 14. AUTO LOAN PHYSICAL DAMAGE EXTENSION The following Is added to SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance provision: When a "loss" results in a total loss to a covered auto you own for which a Loss Payee Is designated in this policy, the most we will pay for "loss" In any one "accident" is the greater of: 1. The actual cash value of the damaged or stolen property as of the time of the "loss": or 2. The outstanding balance of the Initial loan, less any amounts for taxes, overdue payments, overdue payment charges, penalties, interest , any charges for early termination of the loan, costs for Credit Life Insurance, Health, Accident or Disability Insurance Purchased with the loan, and carry-over balances from previous loans. 15. AUTO LEASE PHYSICAL DAMAGE EXTENSION The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance provision: If, because of damage, destruction or theft of a covered "auto", which is a long-term leased "auto", the lease agreement between you and the lessor is terminated, "we" will pay the difference between the amount paid under paragraph C. LIMIT OF INSURANCE 1. or 2. and the amount due at the time of "loss" under the terms of the lease agreement applicable to the leased "auto" which you are required to pay: less any fees to dispose of the auto; any overdue payments; financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; security deposits not refunded by the lessor; cost for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan; and carry over balances from previous leases. This coverage applies only to the Initial lease for the covered "auto" which has not previously been leased. This coverage is excess over all other collectible Insurance. SECTION IV - CONDITIONS 16. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following Is added to SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2, Duties In The Event Of Accident, Claim, Suit Or Loss: d. Knowledge of any "accident", claim, "suit" or "loss" will be deemed knowledge by you when notice of such "accident", claim, "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or Insurance manager If you are a partnership; or (3) An executive officer or insurance manager if you are a corporation. 17. BLANKET WAIVER OF SUBROGATION Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us, SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions is replaced by the following: Includes copyrighted material of Insurance Services Office, Inc. with Its permission. 461-0155 (9-97) Copyright, Insurance Services Office, Inc., 1996 Risk Mu+egnnatt Division �'93 /REVIEWED&pAPPR�O�VMBY. 29�wm_. Rult Management Analyst 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, which have not been waived through the execution of an "insured contract", written agreement, or permit, prior to the "accident" or "loss" giving rise to the payment, those rights to recover damages from another are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after the "accident" or "loss" to impair them. 18. UNINTENTIONAL FAILURE TO DISCLOSE INFORMATION The following is added to SECTION IV BUSINESS AUTO CONDITIONS. B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: Your unintentional error in disclosing, or failure to disclose, any material fact existing after the effective date of this Coverage Form shall not prejudice your rights under this Coverage Form. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. POLICY NUMBER: AWFD95530601 Hanover Insurance Croup- AWFD955306 6701761 19. HIRED AUTO - WORLDWIDE COVERAGE The following is added to SECTION IV - Business Auto Conditions, B. General Conditions, paragraph 7. Policy Period, Coverage Territory provision: e. Outside the coverage territory described in a., b., c., and d. above for an "accldenV or "loss" resulting from the use of a covered "auto' you hire, without a driver, or your employee hires without a driver, at your direction, for the purpose of conducting your business, for a period of 30 days or less, provided the suit Is brought within The United States of America or its territories or possessions. SECTION V - DEFINITIONS 20. MENTAL ANGUISH Paragraph C. "Bodily injury", SECTION V - DEFINITIONS is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright R. 461-0155 (9-97) , Insurance Services Office, Inc., 1996 ON372 t.. RiA MlwgemmtDi idon REmEWED&APPRUVEDEI: �As, c�3YY1LY-/- 1 A%N.C.N� �. VaUMP�iL ® Risk Manngemen[Malysl Hanover Insurance Group, WZFD928932 5701761 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 due on such remuneration. — Person or Organization APPLIES AS BLANKET WAIVER FOR THOSE HAVING A WRITTEN CONTRACT WITH THE POLICY— HOLDER REQUIRING WOS FOR WC POLICYHOLDER EMPLOYEES. _/ of the California workers' compensation premium otherwise Schedule Job Description This endorsement changes the policy to which It Is attached and Is effective on the date Issued unless otherwise stated. (The Information below Is required orYy when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 07/01/2020 Policy No. WZF-D928932-01 Endorsement No. Insured STETSON ENGINEERS INC. Insurance Company THE HANOVER AMERICAN INSURANCE COMPANY Countersigned ByL WC 04 03 06 (Ed 04-84) 016&52 Risk Mnnage erd Division [REVIEWED&AP1P,RO)V}EDBY].' Risk Management Malyst