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HomeMy WebLinkAboutCHARLES TAYLOR ENVIRONMENTAL TECHNICAL SERVICES dba LAD INC.INSicRANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: (Trued 5 ) N-2023-106 Terms and Conditions for Charles Taylor Environmental Technical Services In consideration of the foregoing and the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, LAD (Aviation), hie. d/b/a Charles Taylor Environmental Technical Services ("Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Customer"), intending to be legally bound, do hereby agree as follows: 1. Provision of Services (a) Contractor agrees to provide services to Customer solely in accordance with and subject to the terms and conditions of this Agreement. Contractor is in the business of providing environmental specialty services including asbestos, lead, mold, bacteria, sewage and soot assessments, personalized indoor air quality testing and other pre and post -loss environmental services. The specific services to be provided by Contractor for Customer shall be particularly described in the Work Authorization Form for each job and the costs of those services are more particularly described in the Fee Schedule attached hereto as Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed Fifty Thousand Dollars and Zero Cents ($50 000.00). (c) The tern of this Agreement shall commence on May 2nd, 2023 for a term of three (3) years, unless terminated earlier in accordance with the terms of this Agreement. Contractor's obligation to provide the services described in the Work Authorization Form is expressly conditioned upon the following: 1. i ) Contractor's receipt from Customer of a complete and accurate Work Authorization Form for each job demonstrating that such services (1) are the same services as described and agreed to by the Customer and (2) may be performed by Contractor based on the permits, authorizations and the rules and regulations to which the Customer's property may be subject; and Customer's execution of the Work Authorization Form confirming acceptance of all information contained therein, including the costs of the services described therein. Page 1 of 7 (c) The Work Authorization Form, including any documents attached thereto or referenced therein, are hereby expressly incorporated in and made a part of this Agreement. (1) Customer shall comply with all applicable federal, state and local laws, ordinances, rules, and regulations with respect to providing accurate information and making the property ready for the performance of services and completing all necessary paperwork as directed by Contractor. (g) In the event of a conflict between the terms and conditions of this Agreement and any applicable Work Authorization Form, the terms and conditions of this Agreement shall control unless the Parties expressly agree in writing to the contrary. 2. Customer Representations and Warranties (a) Customer, through its undersigned representative, hereby represents and warrants that the information provided to Contractor related to the property and in conjunction with the work is true and accurate to the best of Customer's knowledge and that all inspections of the property been performed in accordance with all applicable protocols and standards. (b) Customer hereby represents and warrants that all information provided by Customer to Contractor shall be consistent with the information contained in the Work Authorization Form. (c) Customer hereby represents and warrants that it is under no legal restraint, order, agreement, directive, or other limitation or constraint that would prevent or restrict Customer from using Contractor's services pursuant to this Agreement. 3. Contractor Representations and Warranties Contractor hereby represents and warrants that: (a) Contractor will perform the services in a safe and workmanlike manner in compliance with all valid and applicable federal, state and local laws, ordinances, rules, regulations, permits and orders; and (b) Contractor will use personnel that have been issued permits, licenses, certificates or approvals required by valid and applicable laws, ordinances, rules and regulations necessary to perform the services. Except as otherwise expressly provided herein, Contractor makes no other representations and warranties and hereby disclaims any other representation or warranty, whether express or implied. 4. Access to Premises Customer grants to Contractor, its agents and employees reasonable access to the project site, rights -of -way and easements for purposes of providing the services, including but not limited to off -site lands and facilities as are reasonably necessary to conduct investigation or monitoring. Contractor agrees to comply with all applicable safety procedures, operational restrictions (if any) and scheduling limitations while at the project site, which, if applicable, have been reasonably provided in writing to Contractor in advance. Page 2 of 7 5. Indemnification (a) Contractor hereby agrees to indemnify and hold Customer harmless from any losses, damages, suits, penalties, fines, costs, liabilities and expenses (including reasonable attorney's fees) arising out of any third party claim for (i) loss or damage to property or the environment, or (ii) injuries to or death of persons, including Customer's employees and agents, caused by or arising from Contractor's negligence, willful misconduct, or material violations of laws, ordinances, rules, regulations, orders or permits by Contractor in effect at the time that the services at issue are provided pursuant to this Agreement. (b) Customer hereby agrees to indemnify and hold Contractor harmless from any losses, damages, suits, penalties, fines, costs, liabilities and expenses (including reasonable attorney's fees) arising out of any third party claim for (i) loss or damage to property or the environment, or (ii) injuries to or death of persons, including Contractor's employees and agents, caused by or arising from Customer's negligence, willful misconduct, material breach of this Agreement (including the representations and warranties contained therein), material violations of laws, ordinances, rules, regulations, orders or permits, or the delivery to Contractor of Material that does not conform to the description of the Material set forth in this Agreement. (c) Neither party shall be liable to the other for special, consequential, incidental or punitive damages arising out of the non-performance of this Agreement or a breach hereof. 6. Charges and Payments (a) Customer agrees to payy for the services performed pursuant to this Agreement in accordance with the terms set forth herein (including, without limitation, the surcharges shown on the Work Authorization Form, if and to the extent applicable), unless such terms are specifically modified in writing by both Parties. (b) Charges for services performed pursuant to this Agreement shall be in accordance with the applicable Work Authorization Form. (c) Payment for services performed pursuant to this Agreement shall be made within forty-five (45) days of the date Contractor renders its invoice Failure to make payment within that applicable payment period shall cause interest to commence accruing at a rate of one and one- half percent (1 1/2%) per month from the due date of the invoice or the maximum interest rate permitted under applicable law, whichever is greater, until payment in full (plus interest) is made and, in addition, shall entitle Contractor to pursue any other remedies available to Contractor hereunder, or at law or in equity. Customer shall also be responsible for all costs of collection including, without limitation, court costs, attorney's fees and lien fees. (d) Customer shall be solely responsible for all federal, state and local excise taxes, occupational taxes, sales taxes, use of service fees, environmental fees, recycling fees, local municipality fees, surcharges, transportation cost increases, fuel surcharges, costs of handling material, and other Page 3 of 7 similar taxes, fees and charges. Customer shall promptly reimburse the Contractor for any such costs, taxes, fees and surcharges, together with any interest and penalties assessed by any taxing authority. Customer shall also be solely responsible for any additional costs or charges caused by any delay (unless due to Contractor). Services required beyond the scope of the services described in the Work Authorization Form(s) will be invoiced at the price mutually agreed to in writing by Contractor and Customer. (I) The costs of obtaining special permits, licenses, authorizations or approvals to allow Contractor to perform specific services will be charged to the Customer at the rate of cost, plus 10% unless otherwise specified in writing. 7.Insurance See Exhibit B attached 8. Independent Contractor Contractor is and shall perform under this Agreement as an independent contractor. The employees, agents, methods, equipment and facilities of Contractor shall at all times be under Contractor's exclusive direction and control. Nothing in this Agreement shall be construed or interpreted so as to cause Customer or any of its employees, agents, officers or directors to be deemed an agent for, joint venture of, employee of or partner of Contractor. 9. Assignment and Termination Neither Party hereto may assign or delegate the performance of any portion of this Agreement without the prior express written consent of the other, which consent shall not be unreasonably withheld, delayed or conditioned; provided however, Contractor may assign this Agreement to an affiliate of Contractor or an entity under the control or common control of Contractor, without the written consent of Customer. In the event of the filing of a petition by or against the Customer under any bankruptcy, insolvency or reorganization laws, or the appointment of a receiver or trustee or an assignment for the benefit of creditors, then Contractor, at its option, and in addition to any other remedies at law, in equity or hereunder, may forthwith terminate this Agreement without further obligation or liability by Contractor to Customer. Upon a breach of the terms of this Agreement by either party, the other party may give ten (10) days' notice to cure and may terminate the agreement if the default is not cured within that period upon written notice. 10. Privacy Contractor's privacy policy is available at http://www.charlestUlor.com/en/legal-statements/usa- pnvacy_policy and is considered part of this Agreement. By executing this agreement, Customer acknowledges that Customer has read and accepted Contractor's privacy policy. Contractor may revise its privacy policy without notice by posting the amended privacy policy on the Page 4 of 7 Contractor's website. Customer shall periodically review the website to be aware of changes. 11. Force Majeure Contractor shall not be liable for any failure to provide services pursuant to this Agreement, including, but not limited to, removing, accepting, handling, processing, treating or disposing of Material, if such failure is caused directly or indirectly by acts of God; acts of war (including acts of terrorism); weather conditions; labor disputes or strikes; accidents; fires; explosions; floods; sabotage; fuel shortages; equipment malfunctions or failures; orders, filings, directives, laws, rules, regulations, ordinances, actions or inactions of any federal, state, or local governmental agency, department, court or body having jurisdiction over the activities of Customer or Contractor; changes in laws; inability to obtain the requisite licenses, approvals or permits; or any other matters beyond the reasonable control of Contractor. 12. Notices (a) Except as otherwise specified in this Agreement, all notices pursuant to this Agreement shall be in writing, shall be directed to the attention of the respective representatives of Contractor or Customer listed below, and shall be deemed to have been sufficiently given (i) when delivered personally, (ii) when sent by verified email (with confirmation copy sent by overnight courier), (iii) when sent by overnight courier, or (iv) when sent by certified mail, return receipt requested to the respective representatives of Contractor and Customer at the addresses listed below: To Contractor: Charles Taylor Environmental Technical Services 41880 Kalmia Street Murrieta, CA 92562 Attn: Kellie Vasquez To Customer: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6956 Copies to: Executive Director of Human Resources City of Santa Ana 20 Civic Center Plaza (M-24) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-5311 h) Notices pursuant to this Paragraph shall be deemed effective upon receipt. Page 5 of 7 (c) Either Party may designate a new representative to receive notices under this Agreement by notifying the other Party in writing of the name, address, telephone number and facsimile number of the new representative. 13. Entire Agreement This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the Parties with respect to this matter. Any previous warranties, representations, agreements, understandings, covenants, discussions, drafts and writings are specifically replaced and superseded by the terms and conditions contained in this Agreement. Each Party further agrees and 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 and that no other agreement, statement, or promise not contained herein shall be valid or binding. It is specifically agreed between the Parties that no pre-printed language on any purchase order, work order or other similar instrument from either Party hereto shall alter, change, modify or amend the terms and conditions contained in this Agreement, and in particular, it is agreed that any such pre-printed language shall be deemed null and void. Any modification or amendment to this Agreement must be in writing and signed by both Parties. 14. Binding Agreement This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their heirs, executors, administrators, successors, and assigns. If any term, covenant or condition of this Agreement is determined to be illegal, invalid, void or unenforceable, such finding shall not affect the other provisions of this Agreement. 15. Miscellaneous (a) In the event of a dispute under this Agreement, the prevailing party shall be entitled to recover reasonable fees and court costs, including attorney's fees, associated with interpreting or enforcing this Agreement. In the event Customer fails to pay Contractor all amounts due hereunder, Contractor shall be entitled to collect all reasonable collection costs or expenses, including reasonable attorneys' fees, other costs or handling fees for returned checks from Customer. I b) The validity, interpretation and performance of this Agreement shall be construed in accordance with the laws of the State of California. 1 c ) Customer's payment obligation for services, the representations and warranties and the indemnity obligations set forth herein made by each Party shall survive termination of this Agreement. [signature page to follow] Page 6 of 7 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date and year first above written. ATTEST: ennif 1 City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Brandon Salvafierra Deputy City Attorney RECOMMENDED FOR APPROVAL: �Aon Motsick Executive Director Human Resources Agency CITY OF SANTA ANA Kris7441me Ridge ZZ City Manager CONSULTANT: By: Name: Kellie Vazquez Title: President of Environmental Sector Page 7 of 7 EXHIBIT A Charles Taylor Environmental City of Santa Ana Fee Schedule Asbestos Initial SurvevAssessment $475.00 Site Assessment and Report $27.00 per Sample $30.00 rush samples Asbestos and Lead Initial Survey Assessment $600.00 Site Assessment and Report $27.00 per Asbestos Sample $27.00 per Lead Sample / XRF Shot $30.00 rush samples Asbestos Clearance Assessment $750.00 Clearance Assessment and Report $40.00 per PCM Air Sample Procedure 5 Report $950.00 Report $250.00 Reassessment (if necessary) Lead Initial SurvevAssessment $475.00 Site Assessment and Report $27.00 per Lead Sample / XRF Shot $30.00 rush samples Lead Clearance Assessment $550.00 Clearance Assessment and Report $50.00 per Lead Wipe Mold Initial Assessment $675.00 Site Assessment and Report $85.00 per Mold Air/ Surface Sample $95.00 rush samples Mold Post Clearance Assessment $600.00 Site Assessment and Report $85.00 per Mold Air/ Surface Sample $95.00 rush samples Sewage / Bacteria Initial Assessment $650.00 Site Assessment and Report $100.00 per Bacteria Swab / Surface Sample Sewage / Bacteria Clearance Assessment $600.00 Site Assessment and Report $100.00 per Bacteria Swab / Surface Sample $85.00 per ATP Swab / Surface Sample (Onsite Clearance) Soot Initial Assessment $805.00 Site Assessment and Report $185.00 per Tape Life / Microvac Sample $150.00 per Ambient Air Sample 5 -7 day Turnaround on samples Soot Clearance Assessment $805.00 Site Assessment and Report $185.00 per Tape Lift / Microvac Sample $150.00 per Ambient Air Sample 5-7 day Turnaround on samples **pricing may vary on commercial projects, demo projects, oversight projects, or ongoing projects with shifts* **Turnaround time for samples will vary in price" ID►:�-0I1�3Y1�: Minimum Insurance Requirements —Charles Taylor Environmental Exhibit B: Insurance Reauirements for Professional Services Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1 185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. Acceptability oflnsurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than ANII, unless otherwise acceptable to the Entity. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contractor the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for atleastfive (5) years after completion of the contract of work If coverage is canceled ornon-renewed, and not replaced withanotherclalms-madepolicy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the Entity with original Certificates of Insurance includingall Il required policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. Client#:180949 CTCAMERTraf\7 Digitally signed ACORDTM CERTIFICATE OF LIABILITY INSURANCE .Jacobs rL MAW.", 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 CONTACT Commercial Support Edgewood Partners Ins. Center n/cDNN Eat:631 324-1440 A C, No: 40 Marcus Drive ADDRESS: NECertificates@epicbrokers.com 3rd Floor Melville, NY 11747 INSURER(S)"FORDING COVERAGE NAIC# INSURER A: Beazley Insurance Company, Inc. 37540 INSURED INSURER a: Twin City Fire Insurance Company 29459 LAD (Aviation), Inc. dba Charles Taylor INSURER C: Canopy Environmental Technical Services INSURER o: Allianz Underwriters Insurance Company 36420 5850 San Felipe Street, Suite 500 Houston, TX 77057 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 LTR TYPE OF ADDLSUB INSR MD POLICY NUMBER POLICY EFF MWDD/YYYY) POLICY UP (MWDDNYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y Y ENC000915201 10/31/2022 10/31/2023 EACH OCCURRENCE $1,000000 PREMISES Ea ocet ante $100000 MED UP (Any one person) $25 000 PERSONAL It ADV INJURY $1,000,000 GEWL AGGREGATE LIMIT APPLIES PER: PRO - POLICY X-JECT X LOG GENERALAGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY 12UENGC3953 5/01/2022 05/01/202 EeaBINEDtSINGLELIMIT $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO AUTOS ONLY AUTOSSCHED ULEO BODILY INJURY(Pmaccided) $ X AUTOS ONLY X NON -OWNED AUTOS ONLY PROPERTY DAMAGE Per accident $ $ A X UMBRELLAUAa X OCCUR ENX000915301 10/31/2022 10/31/202 EACH OCCURRENCE S4,000,000 AGGREGATE s4,000,000 EXCESS LIAB CLAIMS -MADE DED I I RETENTION$ Is B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? NIA 12WEAR6ZCZ 5/01/2 2 05/01f202 PER OTH- E.L. EACH ACCIDENT $1 000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT I $1-000,000 C Professional Liab CSIE0022100 10/31/2022 10/31/202 $3,000,000 Per Clm/Agg D Excess Prof U5F00202222 10/31/2022 10/31/202 $2,000,000 Per Clm/Agg A Pollution Liab ENC000915201 10/31/2022 10/31/202 $1M Per Occ/$2M Per Aqu DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is included as additional insured for general liability coverage as required by written contract. A waiver of subrogation applies in favor of the additional insureds for general liability as required by written contract. City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center PI ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE a^.:�, 1LdeMwgnled D'oiimt ' e%g/ REVIEWED&APPROVm BY; / ©1988.2015 ACORD C T4" JfI0oV1 ACORD 25 (2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD Risk Management Analyst #S5480745/M4369075 Effective Date:10/31/2022 PolicyNumber: ENCo009152-01 Endorsement Number: 4 ADDITIONAL INSURED - OWNERS, LESSORS OR CONTRACTORS - COMPLETED OPERATIONS In consideration of a premium change of, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name Of Additional Insured Person(s) Or Organ izat ion (s): Location And Description Of Completed Operations As required by written contract. As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 ©Insurance Services Office, Inc. REVIEWED &APPROVED BY: T4"y J" ® Risk Management Analyst Effective Date: 10/31/2022 I PolicyNumber: ENC0009152-01 Endorsement Number: 6 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Person or Organization: As required by written contract. All Person(s) Or Organization(s) where this endorsement is required by contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY 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 operations 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. CG 24 04 10 93 ©Insurance Services Office, Inc. wrk�.+�,auv;:� �j� REV�EV E APffl0=. o�, ® Ruk Management Analyst NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Charles Taylor Environmental Technical Services Name: Project N-2023-106 Number: Project Terms and Conditions for Charles Taylor Environmental Name: Technical Services The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: POLICY EXPIRATION FILE TYPE OF INSURANCE COI DATE NUMBER DATE NAME COI - City of Santa Ana - Charles Taylor AUTOMOBILE LIABILITY 12UENGC3953 05/01/2024 04/28/2023 Enviromental Technical Services - 5.10.2023.pdf City of Santa GENERAL LIABILITY ENC000915202 05/01/2024 11/02/2023 Ana COI.pdf City of Santa PROFESSIONAL LIABILITY CSIPAE0004200 05/01/2025 11/02/2023 Ana COI.pdf COI - City of Santa Ana - Charles WORKERS COMPENSATION AND Taylor 12WEAR67C7 05/01/2024 04/28/2023 EMPLOYERS' LIABILITY Enviromental Technical Services - 5.10.2023.pdf No further action is required at this time. Thank you, Client#: 180949 CTCAMER DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 8/20/2025 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 CONTACT Commercial Support Edgewood Partners Ins. Center PHONE 631-390-9700 FAX 631-390-9790 A/C,No,Ext: (A/C,No): 40 Marcus Drive E-MAIL ADDRESS: NECertificates@epicbrokers.com Icbrokers.com (� 3rd Floor INSURER(S)AFFORDING COVERAGE NAIC# Melville, NY 11747 Palomar Excess and Surplus Insurance Co 16754 INSURER A: P INSURED INSURER B:Twin City Fire Insurance Company 29459 LAD(Aviation), Inc. dba Charles Taylor INSURER c:QBE Insurance Corporation 39217 Environmental Technical Services 135 State College Blvd INSURER D: Brea, CA 92821 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. ADDLSUBR LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y ENC000915204 05/01/2025 05/01/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE 4 OCCUR PREMI6ESOEa oNcurrDence $100,000 X BI/PD Ded:5,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECT X LOC PRO- PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y 12UENBH6B5K 05/01/2025 05/01/202 EeaBc,deDSINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A UMBRELLA LAB X OCCUR ENX000915304 05/01/2025 05/01/2026 EACH OCCURRENCE s5,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE s5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION Y 12WEAR6ZCZ 05/01/2025 05/01/2026 X STATUTE EERH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Professional Liab Y QPL3596780 05/01/2025 05/01/2026 $2,000,000 Per Clm/Agg A Pollution Liab ENC000915204 05/01/2025 05/01/202 $1 M Per Occ/$2M Per Agg DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The following are included as additional insureds on a primary and non-contributory basis for general Digitally signed y liability and auto liability coverage as required by written contract. Tu Trdn Tu DatTran e:te:2 Nguyen 2025.08.2 City of Santa Ana, its City Council, officers,officials,employees,agents,and volunteers Nguyen 09:49:26-07'00' A waiver of subrogation applies in favor of the additional insureds for general liability,auto liability, workers compensation and professional liability as required by written contract. iPMOVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 9 48 am,Aug 20, 5 City of Santa Ana,Attention: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Human Resources Department ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S7874917/M7767849 TM006 Effective Date: 5/1/2025 PolicyNumber: ENCoo09152-04 Endorsement Number: 2 PRIMARY/NON-CONTRIBUTORY—OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGEPART All other terms and conditions of this Policy remain unchanged. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1)The additional insured is a Named Insured under such other insurance; and (2)You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. SCHEDULE: Specific Entity to Schedule if required — As required by written contract. CG 20 0104 13 ©Insurance Services Office, Inc. Page 77 Effective Date: 5/1/2025 PolicyNumber: ENCoo09152-04 Endorsement Number: 3 ADDITIONAL INSURED— OWNERS, LESSEES OR CONTRACTORS—SCHEDULED PERSON OR ORGANIZATION In consideration of a premium change of, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Additional Insured Person(s) Or Location(s)of Covered Operations organ izat ion(s): As required by written contract. As required by written contract. 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 include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or"property damage" occurring after: CG 20 10 07 04 ©Insurance Services Office, Inc. Page 78 1.All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 ©Insurance Services Office, Inc. Page 79 Effective Date: 5/1/2025 PolicyNumber: ENCoo09152-04 Endorsement Number: 5 ADDITIONAL INSURED— OWNERS, LESSORS OR CONTRACTORS—COMPLETED OPERATIONS In consideration of a premium change of, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name Of Additional Insured Person(s) Or Location And Description Of Completed organ izat ion(s): Operations As required by written contract. As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II —Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 ©Insurance Services Office, Inc. Page 82 Effective Date: 5/1/2025 PolicyNumber: ENCoo09152-04 Endorsement Number: 9 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Person or Organization: As required by written contract. All Person(s)Or Organization(s)where this endorsement is required by contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—COMMERCIAL GENERAL LIABILITY 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 operations 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. CG 24 04 10 93 ©Insurance Services Office, Inc. Page 86 .0-tulk THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 12 WE AR6ZCZ Endorsement Number: Effective Date: 05/01/25 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: CTC AMERICAS INC 301 MERRITT 7 FL 2 NORWALK CT 06851 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization for whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by Authorized Representative Form WC 00 0313 Printed in U.S.A. Process Date: 05/15/25 Policy Expiration Date: 05/01/26 Policy#12UENBH6B5K THE " H.ARTFRD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured"than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED Paragraph .1. -WHO IS AN INSURED -of Section II -Liability Coverage is amended to add the following: d. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an"insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or"property damage" that results from an "accident" that occurred before you formed or acquired the organization. e. Employees as Insureds (1). Any"employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. f. Lessors as Insureds (1). The lessor of a covered "auto"while the"auto" is leased to you under a written agreement if: (a) The agreement requires you to provide direct primary insurance for the lessor and (b) The"auto" is leased without a driver. Such a leased "auto"will be considered a covered "auto"you own and not a covered"auto"you hire. g. Additional Insured if Required by Contract (1) When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for"bodily injury" or"property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or"property damage" occurs: (a) During the policy period, and (b) Subsequent to the execution of such written contract, and Form HA 99 16 12 21 Page 1 of 5 (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (c) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or"suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS —OF SECTION IV— BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 2. Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in A.1.g. -Additional Insured If Required by Contract, the following provisions apply: (1) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (2) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that"suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in SECTION IV- Business Auto Conditions, B. General Conditions, Other Insurance 5.d. 3. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The SECTION IV- Business Auto Conditions, B. General Conditions, 5. OTHER INSURANCE Condition is amended by adding the following: e. If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 4. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE -of SECTION II - LIABILITY COVERAGE does not apply if you have workers compensation insurance in-force covering all of your"employees". Coverage is excess over any other collectible insurance. Page 2 of 5 Form HA 99 16 12 21 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to"autos"you hire or borrow, subject to the following limit. The most we will pay for"loss"to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the"loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of$1000 per"accident". This extension of coverage does not apply to any"auto" you hire or borrow from any of your"employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 6. PHYSICAL DAMAGE -ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of$50 per day and a maximum limit of$1,000. 7. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss"to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance"of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 8. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS -of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 9. ELECTRONIC EQUIPMENT- BROADENED COVERAGE a. The exceptions to Paragraphs 13.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of"loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III, Physical Damage Coverage, Limit of Insurance, Paragraph C.2. is amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of"loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the"auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3)An integral part of such equipment. Form HA 99 16 12 21 Page 3 of 5 c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or$250, whichever deductible is less. 10. EXTRA EXPENSE -BROADENED COVERAGE Under Paragraph A. - COVERAGE -of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto"to you. 11. GLASS REPAIR-WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE-of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 12. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE-of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same"accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller(or smallest)deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller(or smallest)deductible. 13. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 15. HIRED AUTO -COVERAGE TERRITORY SECTION IV, BUSINESS AUTO CONDITIONS, PARAGRAPH B. GENERAL CONDITIONS, 7. - POLICY PERIOD, COVERAGE TERRITORY-is added to include the following: (6) For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the"insured's" responsibility to pay damages for"bodily injury" or"property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 16. WAIVER OF SUBROGATION Paragraph 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS A. Loss Conditions is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 17. RESULTANT MENTAL ANGUISH COVERAGE The definition of"bodily injury" in SECTION V- DEFINITIONS, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 18. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS-CANCELLATION -applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 19. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non-hybrid" auto's actual cash value or replacement cost, whichever is less, Page 4 of 5 Form HA 99 16 12 21 b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one'loss" is$10,000. For the purposes of the coverage provision, a. A"non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b. A"hybrid"auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 20. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one 'loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. Form HA 99 16 12 21 Page 5 of 5