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HomeMy WebLinkAboutTAIT ENVIRONMENTAL SERVICES INSURANH ON FILE WORK MAY PROCEED UNTtL�t4SURA,NCE EXPIR[a N-2025-252 Unot! k? CITY CLERK __ DATE OCT 0 3 2925 o t�) lose M ecl� AGREEMENT WITH TAIT ENVIRONMENTAL SERVICES TO PROVIDE na[Qz) UNDERGROUND STORAGE TANK MAINTENANCE,REPAIR AND TESTING THIS AGREEMENT is made and entered into this lst day of September, 2025 by and between Tait Environmental Services, 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 underground storage tank maintenance, repair and testing. B. Consultant represents that it 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 consulting 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 Consultant shall perform during the term of this Agreement the services that are described in the Scope of Work, which is attached hereto as Exhibit A and incorporated in full. 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 B. The total sum to be expended under the term of this Agreement, including any extension periods, 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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 10 3. TERM This Agreement shall commence on September 1, 2025 and terminate on June 30, 2026, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for an additional one-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 haws. 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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant 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 10 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 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 and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than$1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. Workers' Compensation (WC): 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,policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: I. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL and AL policies,with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of Consultant's CGL, AL, and WC policies which arise from work performed by Consultant under this Agreement. Page 3 of 10 3. For any claims related to this contract, Consultant's insurance coverage shall be primacy and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten(10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:Diana Mazariego, 20 Civic Center Plaza,M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any coverage required is written on a claims-made coverage form: 1. The retroactive date must be shown, and this date must be before the execution date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of work. 3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, Consultant must purchase extended reporting period coverage for a minimum of five(5) years after completion of work. 4. A copy of the claims reporting requirements must be submitted to City. Page 4of10 Sub-Contractors Consultant shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors. For CGL coverage, sub-contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. 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 subconsultants, 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 Page 5of10 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 during 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 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 a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards,to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and Page 6 of 10 regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c)above. 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: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1.988 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: Tait Environmental Services, Inc. Attention: Erin Langford, Vice President 701 N. Parkeenter Dr. Santa Ana, CA 92705 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 Page 7 of 10 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 may be 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 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 Page 8 of 10 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 governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 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. [Signatures on following page] Page 9of10 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: �.�., CITY OF TA AN NIFE . HA L ALVARO NUNEZ erk City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney e Nellesen Erin Langford Assistant City Attorney Vice President RECOMMENDED FOR APPROVAL AA-- OLEO , P.E. Acting ecut' erector Public arks Agency Page 10of10 EXHIBIT A Scope of Work Provide Designated Underground Storage Tank(UST) Operator Services as well as testing, maintenance and repair services for its UST fuel sites, listed below: • Corporate Yard (5 UST)-W-215 S. Center Street, Santa Ana, CA 92703 • Police Department (2 UST)—60 Civic Center Plaza, Santa Ana, CA 92701 • Additional sites may be added during the term of the contract. Must be a certified California UST System Operator. Services will include 30-Day inspections, annual &triennial testing,conducting City staff training, and scheduled or emergency maintenance and repairs. Assist the City with maintaining compliance with UST regulations and shall adhere to all applicable Federal, State, and Local regulations pertaining to the operations, maintenance, and reporting for UST systems. Shall notify the City within (1)business day of discovering any suspected issue or activity that could potentially cause non-compliance with any applicable regulation(s). Description of Project Responsibilities The City requires inspection services and maintenance of fuel sites that includes furnishing and delivering parts, supplies, and accessories for gasoline, diesel, and waste oil USTs. Additional miscellaneous items such as pumps, plumbing, tanks, nozzles and monitoring systems may also be requested. Maintain an adequate supply of replacement parts available on the service trucks. The supplies shall include, but not limited to, various Veeder-Root sensors (at least one of each type), Veeder- Rood probe cables, spill bucket train valves (at least one of each type),mechanical line leak detector and hanging hardware for a typical Gasoline and Diesel dispenser. Shall be licensed and/or certified to perform all inspections,testing, repairs, and alarm responses in compliance with all City, State and Federal regulations and in accordance to Departmental needs. Shall provide proof of certifications at the City's request.Fixed quotes may be required for projects and/or repairs. Shall notify City designee for any work that will exceed $1,000. Provide the City with their list of petroleum equipment supply vendors. Written confirmation from the parts vendor shall be provide to the City if is unable to obtain the parts within 48 hours. Failure to provide written confirmation could result in liquidated damages. Upon completion of any testing, shall submit an electronic copy of the test results and printouts to the City designee and the proper regulatory Agency. Shall include the City designee on any correspondence with regulatory Agencies and shall notify the City immediately of any failed test results. Responsible for disposing all waste generated during testing events. In the event of a waste or material spill that may pose adverse effects to the environment, shall notify the City immediately and shall promptly begin spill cleanup and abatement. Designated UST Operator Services Shall have valid Designated UST Operator(s)certification(s). A list of employee names, qualifications including copies of current International Code Council (ICC) certification(s)and expiration dates for persons conducting the Designated UST Operator services shall be provided. The Designated UST Operator shall provide general oversight of the UST program with specific emphasis on regulatory compliance issues. The Designated UST Operator shall fulfill the responsibilities set out in Title 23 of the California Code of Regulation, Chapter 16, Statue 2715 and 2716. Failure to conduct inspections within the required 30-Day timeframe may result in contract termination. As a minimum, the Designated UST Operator's responsibilities shall include: • 30-Day Inspection—Inspections shall include,but not limited to the following: o Alarm History o Alarms o Inspect Spill Containment o Sumps o Leak Detection Sensors o Test Overfill Alarm o Visual Site Inspection o Test and Maintenance Documentation o Training Verification o Reports ■ Facility Employee Training—In accordance with Title 23 of the California Code of Regulation, Chapter 16, Statute 2715,provide annual training to all existing facility employees, and all new facility employees prior to the City employee assuming their duties. Training shall include, but not limited to the following topics: 0 1. Best Management Practices ■ a. Record Keeping w b.Preventative Maintenance ■ c. Delineation of Responsibility ■ d. Knowing your system and the spill response kit ■ Compliance with all regulations 0 2. The Monitoring System ■ a. Explanation of how the system is monitored, is redundant, and is continual. ■ b. The Monitoring Panel and how to respond to an alarm, including, but not limited to the name of a contact person for emergencies and monitoring equipment alarms. 0 3. Spills and Overfill Response—Provide training that covers the procedures to follow in the event of an unauthorized release. ■ a. Emergency Contacts—Location of posted contacts list. ■ b. Proper Operation of the Fueling System (where applicable) • SITE REPAIR NOTIFICATION—In the event that the Designated UST Operator discovers a sub-standard condition at a UST site or a situation that is non-compliant,the Designated UST Operator shall call the City designee or their representative to initiate a service call to bring the site up to compliance. EXHIBIT B City of Santa Ana TA I T Continued Professional Services R151NG TO THE CHALLENGE for Fuel Site Designated Operator, Maintenance & Repair Services Scheduled Events & Estimated Budget for Continued Tank Compliance Services: September 1, 2025 to June 30, 2026 SCHEDULED EVENTS: 30-Day Desiqnated UST Operator Inspections &Annual Facility Employee Training Corporate Yard $220.00 / 30-Day Inspection (11 Inspection Events) Police Department $220.00/30-Day Inspection (11 Inspection Events) Corporate Yard $220.00 /Training Event (1 Training Event) Police Department $220.00/Training Event (1 Training Event) Annual Monitor Certifications, Spill Bucket& Leak Detector Testing Police Department Annual MC, SB & LID Testing @ $1,610.00/Test (Due September 25') Corporate Yard Annual MC, SB & LID Testing @ $1.610.00/Test (Due December 25') Annual Vapor Recovery Testing Corporate Yard Vapor Recovery Test @ $1,580.00 / System Test(Due December 25') Police Department Vapor Recovery Test @ $1,580.00 /System Test(Due February 26') UNSCHEDULED EVENTS: Unforeseen Service Calls & Repairs Any unforeseen or unscheduled events, such as a service call or repair, will be billed additionally per the Time & Material rates, in accordance with the attached FEE PROPOSAL. FEE PROPOSAL Item # Biel Item Fee 30 DAY TESTING. Provide a fee to perform all tasks 1. necessary for 30 Day Designated UST 220A0 Operator Inspection Cyst per P p site ANNUAL. TESTING: 2a. Annual Motor Certification, Spill Bucket Test and Line. Leak Detector Test 1. Cost per test Cost per site 2, Cost per re-test* Cost per $ AK-00 Fuel Site Designated Operator,Maintenance and Repair Services site. 2b. Annual Vapor Recovery Testing 1. Cost per test $1,580.00 2. Cost per re-test* $1,355.00 TRIENNIAL TEST (REQUIRED EVERY THREE YEARS); 3, Secondary Containment Testing 1. Cost per test $1&ZQ0 2, cost per re-test* $3,37o.00 *Re-test cost sections are listed in case the re-test is performed on a different day. Facility Employee Training as per Cost per 4. regulations and UST program Training $ 220.00 requirements In person attendance at UST Task cost per Force meetings as per UST program Meeting 5 requirements. Meetings are normally dour o' one hour. Invoice shall be for actual 210"OQ meeting time. Cost shall include travel time to reach location. LABOR RATE Same Business Day Service Calls (service calls made by 1:00 p.m. PST). 6a, The Contractor shall quote labor rates and provide explanation as required herein: 1. Straight Time On-Site Time Prevailin 1 our $150,00 per hour 2. Over Time (On-Site Over Time. P.revailin lHour)) $175,00 per hour _ 3, Double Time: ion-site Double Time $Prevailin /Hour $ 200.00 per hour Next.Business Day Service Calls (Service calls made utter 1:00p.m PST). 6b. The Contractor shall quote labor rates and provide explanation as required herein: 1. Straight Time on-Site Time $Prevailin /Hour $150.00 per hour 2. Over Time On-Site Over Time $Prevailin /Hour $_176:000 _per hour 3. Double Time: $ 200.00 per hour On-Site Double Time Prevailin (Hour 4. Travel (Non-Prevailing Wa e Drive Time $1Q .00 per hour Contractor shall.define what constitutes Straight Time, Over Time and Double Time:+you Rates aro Based uponTot,I lncurrod Straight Time: (please specify if a minimum time is billed for each call.)Thereisno minimum time raquiremerd. Over Time: (please specify when overtime is pa Id.)Over Time is paid In excess of 8 hours(based upon any and all total hours earned forth day).Overtlme s.also Double Time: (please specify when double time is paid. IFor olidays, indicate which holidays.) doubieTrme I pAd}nexcessof upon any$ell total Emergency Service Galls (Response by phone required within 30 minutes hours eamed.for the day),or onwod( and onsite response required within 2 hours of service call).. performed onGundays. 7• Double Time is applicable on Natl oval.&Federally No more than two 2 Service Technicians shall be allowed per service c:ail Recognized Mot€days. Fuel Site Designated Operator, Maintenance and Repair Services without prior approval from the City, 1. Minimum Time Charge (if any) per hour or min $NIA per hour or circle one min (circle one) 2. Hourly Emergency Cali Out charge during $150.00 per hour regular business hours (7:30 a.m. —4:30 p.m., On-Site'rime ($PrevailingIH ur) Monday-Friday) 3. Hourly Emergency Call Out charge during non $200.00 per hour business hours (4:31 p.m. — 7,29 a.m., Monday- Friday, weekends and holidays) 4. Travel $100.00 per hour Contractor shall define whether this time includes travel time (flat rate, portal to portal, actual time to reach location billed at an hourly rate,etc.). Travel billed at an hourly rate should be measured in increments of 0.25 with a maximum of 1 hour one way). The above stated hourly rates do not include travel time,rf anagement Alarm Response: Normally, the City is the first to respond to Veeder Root administrative alarms; however, the City may elect to have Contractor respond to alarms C sts,or mileage, 3. s rvice truck or Independently, Response by phone required within 30 minutes and onsite m iterials-anything Jr, response required within 2. hours of service call addition to the hourly -- per hour or r e will be billed as 1. Minimum time charge (if any) min (circle ones T e&Materials per 2. During regular business hours (7:30 a.m. — $ per hour 150.00 th a#taohed 4;30 .m., Monday—Friday) Schedule.of Rates. 3. During non-business hours (4:31 p.m. — 7.29 $ 185.00 per hour a.m., Monday-Friday,,weekends and holidays) 4. Travel $ 1 WOO per hour Contractor shall define whether this time includes travel time(flat rate, portal to portal, actual time to reach location billed at an hourly rate, etc.). Travel billed at an hourly rate should be measured in increments of 025 with a.maximum of 1 hour.one wa The above stated hourly rates do not Include travel time;m nagement a .a .nis i i eage.,s uc o a s-anything In addition to the hourly rate will be billed as Time&Materials per the attached Schedule of Rates. TAIT Environmental $,g"Lyices. Inc. 33-03593.60 COMPLETE LEGAL NAME OF COMPANY TAXPAYER I.D. NO, 701 Parkcenter Dr'vp Santa Ana. CA 92705 BUSINESS ADDRESS STREET CITYISTATE ZIP CODE x [�A( �k Erin Langford Vice President, CA SIGNATURE OF AUTHORIZED AGENT NAME(PRINT) TITLE elangford@tait.com 714-567-6410 EMAIL ADDRESS PHONE NUMBER 588098 1000017134 CSLB NUMBER DIR REGISTRATION NUMBER Fuel Site Designated Operator,Maintenance and Ret)air Set-vices TACT crams to I f en 741 N.Parkcenter Drive,Santa Ana,CA 82745 p:714/960/8222 www:tait.com Tait Environmental Services, Inc. Schedule of Rates Field Personnel Classification Hourly Rate Service Technician — Regular(Drive or Office Time) 512, 505, 041, 511, 035 $ 100.00 Service Technician — Prevailing Wage 512, 505, 041511, 035 $ 150.00 Administrative Personnel Senior Project Manager 090 $ 140.00 Project Manager 091 $ 130.00 Assistant Project Manager 125 $ 110.00 Database Manager 503 $ 105m Health & Safety Manager 510 $ 100.00 Project Coordinator 507 $ 90.00 Administrative Assistant 039 $ 65.00 Professional Personnel Principal 001 $ 225.00 Senior Engineer/Geologist 020 $ 150,00 Senior Designer & Design Group Manager 141 $ 145.00 Designer 004 $ 105.00 Project Engineer/Geologist 092 $ 110.00 Environmental Scientist 104 $ 100.00 Researcher/ Permit Expediter 040 $ 90.00 Environmental Technician 121 $ 70.00 • The Above Labor Rates are Based on an 8-Hour Day. • Time in Excess of 8 Hours will be Charged at the specified Over Time Rate, • Labor for Saturday Work will be Charged at the specified Over Time Rate, Labor Rates for Sunday and Holiday (Nationally and Federally Recognized Holidays)will be Charged at at the specified Double Time Rate. • Prevailing Wage rates do apply to "Field Personnel", however would be directed by the scope of work. PAGE 1 OF 2 TAIT Milk4 Y2 rni cnitslMGD 703 N.Parkcenter Drive,Santa Ana,CA 92705 p!714f56012222 www.tatt.tem Schedule of Rates (Prevailing Wager Continued Reimbursable Expenses Materials Furnished Specifically for Project Cost + 15% Equipment Rentals Cost+ 15% Subcontractors&Subconsultants Cost+ 15% Air Transportation Ticket Cost+ 15% Mileage - Electronic Service Trucks, Cars and $.90 1 Mile Light Pickup Trucks Truck Charge - $90 1 Day Per Diem — Lodging & Meals Per Current Listed GSA Rates + 15% (per project location, for Lodging & Meal Allowance) PAGE 2 OF 2 ,d►co v� CERTIFICATE OF LIABILITY INSURANCE FDATE`MMIOD"YYYI �f 08/2812025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Accounts Team NAME: Scott&McCauley Insurance Agency PHONE (949)503-1953 FAX AfC No. o Ext: Alg.No: 2 Ritz Carlton Drive L-MAIL ss: COI@sminsuranceagency.com -ADDIRE Suite 204 INSURER(SI AFFORDING COVERAGE NAIC rk Dana Point CA 92629 INSURERA: AXIS Surplus Insurance Company 26620 INSURED INSURER B: The Continental Insurance Company 35289 Tait&Associates,Inc INSURER c: Valley Forge Insurance Company 20508 701 Parkcenter Dr INSURER D: Colony Insurance Company 39993 INSURER E: Santa CA 92705 INSURER F: COVERAGES CERTIFICATE NUMBER: TAIT MSTER 25-26 REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQU6REMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICYNUMBER MM1DDIYYYV MWDDlYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE OCCUR PREMISES Ea occurrence $ 25,000 MED EXP(Any one person) S 5,000 A Y Y SP002747-08-2025 09/01/2025 09/01/2026 PERSONAL BADV INJURY S 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X JECT PRODUCTS-CDMPIOPAGGPOLICYOPRO $ 2,000.,000 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000.000 Ea accident X ANY AUTO BODILY INJURY(Per person) 5 B OWNED SCHEDULED Y Y 7034395486 09/01/2025 09101/2026 BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE r H — $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 A X EXCESS LIAB CLAIMS-MADE Y Y SX002748-08-2025 09/01/2025 09/01/2026 AGGREGATE y 5.000,000 DED I I RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y r N STATUTE I ER C ANY PRDPRIETORIPARTNEPJFXECUTIVE $ 1,000,000 OFFICEPJMEM13ER EXCLUDED? ❑ NIA Y 7034395505 09/01/2025 09/0112026 E.L.EAC HACCIDENT (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 Professional LIablContractors Pollution Profess/Poll Fa Claim 2.000,000 AID Excess Liability SP002747-082025/EX04295007 09/01/2025 09101/2026 Ea Claim/Aggregate 4,000,000 X 5M DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space Is required) The City of Santa Ana,its officers,employees,agents,volunteers,and representatives are included as additional insured on General Liability per the attached.Insurance is Primary and Non-Contributory.Waiver of Subrogation applies on General Liability per the attached.30 days Notice of Cancellation for non-payment of premium. Tu Tran cio-ilysigned by pr Tu Tran Nguyen NgI�Vc'y 1 04.1d32�o7a6'2 J APPROVED By Tu Tran Nguyen at 9:15 am,Sep 02,2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn Heidi Chou 215 S Center S#M-85 AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 a 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2076103) The ACORD name and logo are registered marks of ACORD Endorsement No. Effective Date 09 0 2425@12:01 a.m.Standard Time at the address of the Named Insured Policy Number '"R�C1247'b$ i92 N, x ;.. Insured Name iA Assd�l�w jnc Issuing Company:AXIS Surplus Insurance Company Additional (Return) Premium:,;.- If the Endorsement Effective Date Is hiank,then the effective date of this Endorsement is the inception Date of the Policy. ADDITIONAL INSURED/PRIMARY COVERAGE INCLUDING COMPLETED OPERATIONS (CGL& CONTRACTORS POLLUTION COVERAGE) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the Specialty Package Policy. In consideration of the premium charged,it is agreed that: SECTION III--WHO IS AN INSURED is amended to include as an Additional Insured the person or organization shown in the schedule below as respects Coverages A, B and D, but only for liability arising out of Your Work or Covered Operations performed by you or on your behalf for that Additional Insured and not due to any actual or alleged independent liability of said Additional Insured. This endorsement does not apply to Bodily Injury. Property Damage or loss arising out of the sole negligence or willful conduct of,or for defects in design furnished by the Additional Insured. As respects the coverage afforded the Additional Insured,this Insurance is primary and non-contributory where a written contract or written agreement in effect prior to any related Claim requires you to provide such coverage. When this insurance is primary and non-contributory, our obligations are not affected by any other insurance carried directly by such additional insured whether it is primary or excess coverage. However,regardless of the provisions above: We will not extend any insurance coverage to the additional Insured person or organization: (1) That is not provided to you in this Policy;or (2) That is broader coverage than you are required to provide to the additional Insured person or organization in the written contractor written agreement. This endorsement does not increase the Company's Limits of Insurance as specified in the Declarations of the Policy. SCHEDULE OF ADDITIONAL INSUREDS As required by written contract in effect prior to any related Claim SPP 0024(Ed.06 12) Page 1 of 1 Endorsement No. 7 Effective Date: 09/01/2025 @12:01 a.m.Standard Time at the address of the Named Insured Policy Number:SP002747-08-2025 Insured Name: Tait&Associates, Inc. Issuing Company:AXIS-Surplus Insurance Company Additional(Return) Premium: $0 If the Endorsement Effective Date Is biank,then the effective date of this Endorsement Is the Inception Date of the Policy. NAMED INSURED EXTENSION THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided by the Specialty Package Policy In consideration of the premium charged, it is agreed that the entities in the following schedule are included as Named Insureds in Item 1. of the Declarations.The First Named Insured designated in Item 1.of the Declarations shall remain unchanged. SCHEDULE Tait Environmental Services,Inc. DBA Tait Environmental Management DBA Tait Environmental Systems DBA Tait Electric DBA Tait Range Services Havill Engineering TAIT Parkcenter Associates,LLC Environmental Services Properties,LLC The Tait Family Trust The K.Richard Tait and Kathryn A.Tait Living Trust Thomas F.Tait Family Trust RC Trade Center Associates,LLC Yellow Roof Development,LLC 2130 Orangewood,LLC 20214th Street,LLC Willow Springs Investments,a California general partnership Whitewater Group LLC HT land Partners,LLC Hoime Development,LLC Tait Land,Inc. Tait Development,LLC Kenneth R.Tait,an Individual Thomas F.Tait,an Individual Kenneth E.Tait,an Individual Trevor Tait,an Individual Victoria and Trevor Tait Family Trust Tait CP, LLC HT Land Partners 200,LLC HT Land Partners 300,LLC HT Mineral Partners, LLC TRT Development 200, LLC The Daniel W Hinson Family Trust Tait Orcutt, LLC SPP 0054(Ed.12 10) Page 1 of 2 Endorsement No. 8 Effective Date: 09/01/2025 @12:01 a.m. Standard Time at the address of the Named Insured Policy Number: SP002747-08-2025 Insured Name: Tait&Associates, Inc. Issuing Company:AXIS Surplus Insurance Com an Additional (Return) Premium: $0 If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy. ENDORSEMENT- NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS THIS ENDORSEMENT MODIFIES THE POLICY, PLEASE READ IT CAREFULLY. This endorsement modifies the SPECIALTY PACKAGE POLICY. In consideration of the premium charged, it is agreed that in the event you or we cancel this Policy prior to the expiration date, we will endeavor to provide a thirty (30) day notice of such cancellation to certificate holders, provided that: 1. you are under an existing contractual obligation to notify such certificate holders when this Policy is cancelled; and 2. you have provided the following to us, either directly or indirectly,through your broker of record: a. The name of the entity shown on the certificate;and b. The address of such entity where notification may be mailed. We shall not provide a thirty (30) day notice if the cancellation is due to nonpayment of premium to us or to a finance company authorized to cancel the Policy. Such notice of cancellation will be provided via mail to the certificate holders. Proof that we have mailed the notice of cancellation, using the information provided by you, will serve as proof that we have fully satisfied our obligations under this endorsement. Such notice of cancellation is provided on an informational basis and solely to assist you in meeting your contractual notice requirements to such parties. Our failure to provide such advance notice to the certificate holder(s)will not extend any Policy cancellation date, negate any cancellation of the Policy, or grant, alter, or extend any rights or obligations under this Policy and we shall have no liability for failure to provide the notice herein. All other terms and conditions of the Policy shall apply and remain unchanged. SPP 0063(Ed.01 17) Page 1 of 1 Endorsement No. 11 Effective Date: 09/01/2025 @12:01 a.m. Standard Time at the address of the Named Insured Policy Number: SP002747-08-2025 Insured Name: Tait &Associates Inc. Issuing Company: AXIS Surplus Insurance Company Additional (Return) Premium:$00 If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT ENDORSEMENT (GENERAL LIABILITY COVERAGE) THIS ENDORSEMENT MODIFIES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the Specialty Package Policy. Schedule of Designated Projects: As required by written contract in effect prior to any related Claim A. Subject to paragraph E. below, for all damages under Coverage A, except damages because of Bodily Injury or Property Damage included in the Products-Completed Operations Hazard, to which this insurance applies and which can be attributed only to a single designated project shown in the Schedule above ("Designated Project"): 1. A separate Designated Project General Aggregate Limit applies to each Designated Project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. This Designated Project General Aggregate Limit applies on a primary non- contributory basis where required by written contract in effect prior to any associated claim. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all such damages and Loss, regardless of the number of: a. Insureds; b. Claims made or Suits brought; or C. Persons or organizations making Claims or bringing Suits. 3. Any payments made for such damages shall reduce the Designated Project General Aggregate Limit for that designated project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other Designated Project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence and for Damage to Premises Rented to You continue to apply to a Designated Project. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the.applicable Designated Project General Aggregate Limit. SPP 0107(Ed.05 16) Page 1 of 2 B. For all sums which the insured becomes legally obligated to pay as damages under Coverage A to which this insurance applies and which cannot be attributed only to a single Designated Project shown in the Schedule above: 1. Any payments made for such damages shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable, and 2. Such payments shall not reduce any Designated Project General Aggregate Limit. C. When coverage for liability arising out of the Products-Completed Operations Hazard is provided, any payments for damages because of Bodily Injury or Property Damage included in the Products-Completed Operations Hazard will reduce the Products-Completed Operations Aggregate Limit, and shall not reduce the General Aggregate Limit or the Designated Project General Aggregate Limit. D. The provisions of SECTION IV -- LIMITS OF INSURANCE AND DEDUCTIBLE not otherwise modified by this endorsement shall continue to apply as stipulated. E. Regardless of the number of locations or projects and any other circumstance or payments made under this Policy, including payments made for Claims covered under the General Aggregate, the Products Completed Operations Aggregate or any Pollution Aggregate as applicable, the total amount we will pay under this insurance policy for any and all project(s) designated within this endorsement shall be no more than the Designated Construction Project General Aggregate Limit shown below: Designated Construction Project General Aggregate Limit: $10,000,000 In the event that no dollar amount is shown next to the Designated Construction Project General Aggregate Limit above, the Designated Construction Project General Aggregate Limit shall be $10,000,000. All other terms and conditions of this Policy remain unchanged. SPP 0107(Ed.05 16) Page 2 of 2 Endorsement No. 12 Effective Date: 09/01/2025 @12:01 a.m.Standard Time at the address of the Named Insured Policy Number:SPOO2747-08-2025 Insured Name:Tait&Associates, Inc. Issuing Company:AXIS Surplus Insurance Comp Additional (Return) Premium:$0 If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: SPECIALTY PACKAGE POLICY The following is added to SECTION VI, COMMON CONDITIONS, Paragraph 9, Other Insurance. It 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. Includes copyrighted material of Insurance Services Office, Inc with its permission CG 20 01 0413 SPP 200104(04 14) Page 1 of 1 Endorsement No. ,1 Effective Date: 49 01'2(j2 @12:01 a.m.Standard Time at the address of the Named Insured Policy Number: is002 7 00 Insured Name Tait 8c"i'sbclates ink; Issuing Company:AXIS Surplus Insurance Company Additional (Return) Premium: If the Endorsement Effective Date is blank,then the effective date of this Endorsement is the Inception Date of the Policy. ADDITIONAL INSURE® - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: SPECIALTY PACKAGE POLICY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations sir ul[ d fayfn.. #a i ,f# rrctn ..r �tae s rgdird bY.! n ccirci ig., fe �ir .c� nj _ _��. �ql.OR W . laa Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply; with respect to liability for Bodily Injury, Property This insurance does not apply to Bodily Injury or Damage or Personal And Advertising Injury property Damage occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of Your Work out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract .or agreement to provide for such additional insured. Includes copyrighted material of Insurance Services Office,Inc with its permission CG20100413 SPP 201013(02 14) Page 1 of 2 C. With respect to the insurance afforded to these whichever is less. additional insureds, the following is added to This endorsement shall not increase the Section IV—Limits Of Insurance: applicable Limits of Insurance shown in the If coverage provided to the additional insured is Declarations. required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; Includes copyrighted material of Insurance Services Office, Inc with its permission CG20100413 SPP 2010 13(0214) Page 2 of 2 Endorsement No. Effective Date: 09 p1'2t}2@12:01 a.m.Standard Time at the address of the Named Insured q , Policy Number. P0.Q747„0$K202 Insured Name Tait&Assocla.fiesd Inch Issuing Company:AXIS Surplus Insurance Company Additional (Return) Premium:N If the Endorsement Effective Date Is blank,then the effective date of this Endorsement is the Inception date of the Policy. ADDITIONAL INSURE® - LESSOR OF LEASE® EQUIPMENT This endorsement modifies insurance provided under the following: SPECIALTY PACKAGE POLICY SCHEDULE Name Of Additional Insured Person(s)Or Organixation(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, this insurance does not apply organization(s) shown in the Schedule, but only to any 'occurrence" which takes place after the with respect to liability for Bodily Injury or equipment lease expires. Property Damage or Personal And Advertising C. With respect to the insurance afforded to these Injury caused, in whole or in part, by your additional insureds, the following is added to maintenance, operation or use of equipment Section IV— Limits Of Insurance: leased to you by such person(s) or organization(s). If coverage provided to the additional insured is required by a contract or agreement, the most we However: will pay on behalf of the additional insured is the 1. The insurance afforded to such additional amount of insurance: insured only applies to the extent permitted by 1. Required by the contract or agreement; or law; and 2. Available under the applicable Limits of 2. If coverage provided to the additional insured is Insurance shown in the Declarations; required by a contract or agreement, the insurance afforded to such additional insured whichever is less. will not be broader than that which you are This endorsement shall not increase the required by the contract or agreement to applicable Limits of Insurance shown in the provide for such additional insured. Declarations. Includes copyrighted material of Insurance Services Office, Inc with its permission CG 20 28 04 13 SPP 202813(04 14) Page 1 of 1 Endorsement No. Effective Date 09n`10@12:01 a.m.Standard Time at the address of the Named Insured Policy Number ObQ2747 OSW Insured Name.g ait...__....,�,....... ..�� . Issuing Company:AXIS Surplus Insurance Company Additional (Return) Premium:M If the Endorsement Effective Date is blank,then the effective dote of this Endorsement Is the Inception Date of the Policy. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: SPECIALTY PACKAGE POLICY SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 12. Subrogation of Section VI—Common Conditions: 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. Includes copyrighted material of Insurance Services Office, Inc with Its permission CG 24 04 05 09 5PP 2404 09(04 14) Page 1 of 1 Policy: 7034395486 CNA63359XX (Ed. 04f 12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. LIABILITY COVERAGE 4. An "employee" of yours is an "insured" A. Who Is An Insured while operating an "auto" hired or rented under a contract or agreement in that The following is added to Section 11, Paragraph "employee's" name, with your permission, A.1., Who Is An Insured: while performing duties related to the 1. a. Any incorporated entity of which the conduct of your business. Named Insured owns a majority of the "Policy," as used in this provision A. Who Is An voting stock on the date of inception of Insured, includes those policies that were in this Coverage Form; provided that, force on the inception date of this Coverage Form but: b. The insurance afforded by this provision A.1. does not apply to any 1. Which are no longer in force; or such entity that is an "insured" under 2. Whose limits have been exhausted. any other liability "policy" providing "auto" coverage. B. Bail Bonds and Loss of Earnings 2. Any organization you newly acquire or form, Section 11, Paragraphs A.2. (2) and A.2. (4) other than a limited liability company, are revised as follows: partnership or joint venture, and over which 1. In a.(2), the limit for the cost of bail bonds is you maintain majority ownership interest. changed from $2,000 to $5,000; and The insurance afforded by this provision 2. In a.(4), the limit for the loss of earnings is A.2•: changed from $250 to$500 a day. a. Is effective on the acquisition or C. Fellow Employee formation date, and is afforded only until the end of the policy period of this Section II, Paragraph B.5 does not apply. Coverage Form, or the next anniversary of its inception date, whichever is Such coverage as is afforded by this provision earlier. C. is excess over any other collectible insurance. b. Does not apply to: It. PHYSICAL DAMAGE COVERAGE (1) "Bodily injury" or"property damage" A Glass Breakage— Hitting A Bird Or Animal — caused by an "accident" that occurred before you acquired or Falling Objects Or Missiles formed the organization; or The following is added to Section III, (2) Any such organization that is an Paragraph A.3.: "insured" under any other liability With respect to any covered "auto," any "policy" providing "auto" coverage. deductible shown in the Declarations will not 3. Any person or organization that you are apply to glass breakage if such glass is required by a written contract to name as repaired, in a manner acceptable to us, rather an additional insured is an "insured" but than replaced. only with respect to their legal liability for B. Transportation Expenses acts or omissions of a person, who qualifies as an "insured" under Section 11 — Who Is Section III, Paragraph A.4.a, is revised, with An Insured and for whom Liability Coverage respect to transportation expense incurred by is afforded under this policy. If required by you, to provide: written contract, this insurance will be a. $60 per day, in lieu of$20; subject to primary and non-contributory to insurance on which the additional insured is a Named b. $1,800 maximum, in lieu of$600. Insured. C. Loss of Use Expenses CNA63359XX Copyright,ChlA Corporatlon,2000. Page 1 of 3 (Ed. 04f 12) Includes copyrighted material of the Insurance Services Office used with its permission. Policy:7034395486 CNA63359XX (Ed. 04112) Section III, Paragraph A.4.b. is revised, with c. Physical Damage Coverage on a covered respect to loss of use expenses incurred by "auto" also applies to "loss" to any you,to provide: permanently installed electronic equipment a. $1,000 maximum, in lieu of$600. including its antennas and other accessories. D. Hired "Autos" d. A $100 per occurrence deductible applies The following is added to Section III. to the coverage provided by this provision. Paragraph A.: G. Diminution In Value 5. Hired "Autos" The following is added to Section Ill, If Physical Damage coverage is provided under Paragraph 8.6.: this policy, and such coverage does not extend Subject to the following, the "diminution in to Hired Autos,then Physical Damage coverage value" exclusion does not apply to: is extended to: a. Any covered "auto"you lease, hire, rent a. Any covered "auto" of the private or borrow without a driver; and passenger type you lease, hire, rent or borrow, without a driver for a period of b. Any covered "auto" hired or rented by 30 days or less, while performing duties your "employee"without a driver, under related to the conduct of your business; a contract in that individual and "employee's" name, with your b. Any covered "auto" of the private permission, while performing duties related to the conduct of your business. passenger type hired or rented by your employee without a driver for a period c. The most we will pay for any one of 30 days or less, under a contract in "accident" or "loss" is the actual cash that individual "employee's" name, with value, cost of repair, cost of your permission, while performing replacement or $75,000, whichever is duties related to the conduct of your less, minus a $500 deductible for each business. covered auto. No deductible applies to c. Such coverage as is provided by this loss caused by fire or lightning. provision is limited to a "diminution in d. The physical damage coverage as is value" loss arising directly out of provided by this provision is equal to accidental damage and not as a result the physical damage coverage(s) of the failure to make repairs; faulty or provided on your owned "autos." incomplete maintenance or repairs; or the installation of substandard parts. e. Such physical damage coverage for d. The most we will pay for "loss" to a hired "autos"will: covered "auto" in any one accident is (1) Include loss of use, provided it is the lesser of: the consequence of an "accident" (1) $5,000; or for which the Named Insured is (2) 20% of the "auto's" actual cash legally liable, and as a result of value (ACV). which a monetary loss is sustained by the leasing or rental concern. III. Drive Other Car Coverage--Executive Officers (2) Such coverage as is provided by The following is added to Sections 11 and III: this provision will be subject to a 1 Any "auto" you don't own, hire or borrow is a limit of$750 per accident. covered "auto" for Liability Coverage while E. Airbag Coverage being used by, and for Physical Damage The following is added to Section 111, Coverage while in the care, custody or control Paragraph B.3,: of, any of your executive officers,"except: The accidental discharge of an alrbag shall not a. An "auto" owned by that "executive officer" be considered mechanical breakdown, or a member of that person's household; or F. Electronic Equipment b. An "auto" used by that "executive officer" while working in a business of selling, Section III, Paragraphs B.4.c and B,4,d. are servicing, repairing or parking "autos." deleted and replaced by the following: CNA63359XX Ccpyright,CNA corporation,2000, Page 2 of 3 (Ed. 04112) Includes copyrighted material of the Insurance Services Office used with its permission. Policy: 7034395486 CNA63359XX CNA (Ed. 04112) Such Liability and/or Physical Damage We waive any right of recovery we may have, Coverage as is afforded by this provision. because of payments we make for injury or (1) Equal to the greatest of those damage, against any person or organization for coverages afforded any covered "auto"; whom or which you are required by written and contract or agreement to obtain this waiver from us. (2) Excess over any other collectible This injury or damage must arise out of your insurance. activities under a contract with that person or 2. For purposes of this provision, "executive organization. officer" means a person holding any of the You must agree to that requirement prior to an officer positions created by your charter, "accident"or"loss." constitution, by-laws or any other similar governing document„ and, while a resident of C. Concealment, Misrepresentation or Fraud the same household, includes that person's The following is added to Section IV, spouse. Paragraph B.2.: Such "executive officers" are "insureds" while Your failure to disclose all hazards existing on the using a covered "auto" described in this date of inception of this Coverage Form shall not provision. prejudice you with respect to the coverage afforded IV. BUSINESS AUTO CONDITIONS provided such failure or omission is not intentional. A. Duties In The Event Of Accident, Claim, Suit D. Other Insurance Or Loss The following is added to Section IV, The following is added to Section IV, Paragraph B.5.: Paragraph A.2.a.: Regardless of the provisions of Paragraphs 5.a. (4) Your "employees" may know of an and 5.d. above, the coverage provided by this "accident" or "loss." This will not mean policy shall be on a primary non-contributory that you have such knowledge, unless basis. This provision is applicable only when such "accident" or "loss" is known to required by a written contract. That written you or if you are not an individual, to contract must have been entered into prior to any of your executive officers or "Accident" or"toss." partners or your insurance manager. E. Policy Period, Coverage Territory The following is added to Section IV, Section IV, Paragraph B. 7.(5).(a). is revised Paragraph A.2.b.: to provide: (6) Your "employees" may know of a. 45 days of coverage in lieu of 30 days. documents received concerning a claim or "suit." This will not mean that you V. DEFINITIONS have such knowledge, unless receipt of such documents is known to you or if Section V. Paragraph C. is deleted and replaced you are not an individual, to any of your by the following: executive officers or partners or your "Bodily injury" means bodily injury, sickness or insurance manager. disease sustained by a person, including mental B. Transfer Of Rights Of Recovery Against anguish, mental injury or death resulting from any of Others To Us these. The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: CNA63359XX copyright,CNA Corporation,2000, Page 3 of 3 (Ed. 04/12) Includes copyrighted materW of the Insurance Services Office used with its permission. CNA Waiver Of Subrogation (Workers Compensation Policy) BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM This endorsement changes the policy to which it is attached. It is agreed that Part One-Workers'Compensation Insurance G.Recovery From Others and Part Two-Employers'Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us,) PREMIUM CHARGE-Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure.The amount is Blanket Waiver of Subrogation Percentage Charge%. AIf other terms and conditions of the policy remain unchanged. This endorsement,which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date(the Endorsement Effective Date) is shown below,and expires concurrently with said policy unless another expiration date is shown below. Form No:G-19160-13(11-1997) Endorsement Effective Date:9/l/25 Endorsement Expiration Date:9/1/25 Policy No:70343955Q5/7034395522 Endorsement No: 1 Policy Effective Date:911/25 ©Copyright CNA All Mghts Reserved. CMA NOTICE OF CANCELLATION • , It is understood and agreed that: It you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance,and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium,then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed,then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. Form No:CC68021A(02-2013) 1 Policy No:7034395505/ 7034395522 Policy Effective Date:9/1l25 Policy Page: 1 of 1 O CNA Ali Rights Reserved.