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HomeMy WebLinkAboutBUREAU VERITAS NORTH AMERICA, INC. INSURANCE ON FILE W01�� MOCEED A-2026-040-03 dkr L: JUN 0 3 7676 o:6A 00 AGREEMENT TO PROVIDE ON-CALL Ffmd"01;Ulveck4 f Uxy BUILDING SAFETY INSPECTION SERVICES THIS AGREEMENT is made and entered into this 7th day of April, 2026 by and between Bureau Veritas North America, 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. On November 14, 2025, the City issued Request for Qualification No. 25-130,by which it sought Consultants to provide on-call building safety consultant services for the PIanning and Building Agency of the City of Santa Ana. B. The scope of work may include any and all work efforts related to City projects to provide Plan Check and Building Inspection services and customer assistance for the City of Santa Ana. The intent is to minimize response time and improve customer services by supplementing in-house staff with consulting services on an as-needed basis. C. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 25-130 and attached hereto as Exhibit A. D. Consultant has been selected as one of the fifteen (15) vendors which qualified for this engagement. Only those consultants approved by the City Council on April 7, 2026 shall be eligible to be engaged by the City for these services. E. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE,in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. On an as-needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A,attached and incorporated by reference as though fully set forth herein. 2. COMPENSATION a. As Consultant is one of fifteen (15) selected vendors selected by the City, City neither warrants nor guarantees any minimum or maximum compensation to Page I of 7 Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement, as approved by Council amongst the fifteen(15)selected vendors,shall not exceed Four Million Nine Hundred Thousand Dollars and Zero Cents($4,900,000). 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. 3. TERM This Agreement shall commence on May 17, 2026 and continue for a one (1) year term until May 16, 2027 with the option for the City to grant up to two (2) one (1) year extension(s), exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16,below. 4. 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. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Page 2 of 7 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, 6. INSURANCE Insurance requirements are attached hereto as Exhibit B. 7. 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 Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury,damages,just compensation,restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. S. 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. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to Page 3 of 7 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. 10. 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. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 12. 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.Q. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Executive Director Planning and Building Agency Page 4 of 7 City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Email: PBAAdmin@santa-ana.org To Consultant: Bureau Veritas North America, Inc. Attn: Craig Baptista, Vice President 220 Technology Drive, Suite 100 Irvine, CA 92618 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. 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. 14. 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. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or Page 5 of 7 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, lb. 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 appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided 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. 18. 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. 19. 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 Page 6 of 7 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. 20. 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. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANT A NNIF R H LL °.,�„p. ALVARO NUKE City Cle City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney By;. LfS&A SA M. CROSTHWAITE Craig B ptista Senior Assistant City Attorney Vice President RECOMMENDED FOR APPROVAL ALI PEZESHI OUR Executive Director Planning and Building Agency Page 7 of 7 EXHIBIT A SCOPE OF SERVICES AND FEES General Description The Planning and Building Agency's Building Safety Division of the City of Santa Ana foresees the submittal of many construction projects in the near future resulting from the adoption of new specific plans, sustained economic and market interest in the community, and the pending Zoning Code Update. Therefore, the City is seeking the services of professional consultants to support the efforts of City staff in the area of Building Safety Services that include Plan Check Services, Inspection Services, and Technical Services. Scope of Services A. Plan Review Services Consultant shall perform the following services for each assigned building plan review. 1. Detailed review of the mechanical, plumbing, electrical and building (architectural and structural) plans. Review supporting documents for industrial, commercial, residential and public buildings and determine compliance with applicable building standards as related to existing and proposed buildings. 2. Review the plans for compliance with California state-mandated regulations for energy conservation, disabled access, green building standards and City adopted ordinances. 3. Review the plans for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood insurance rate map (FIRM) as Flood Zone A or AE. 4. Recheck and approval of final plans and supporting documents to be provided without additional charge for recheck. 5. Submittal of approved plans and all supporting documents to the City of Santa Ana. 6. Provide all necessary liaison and meetings with applicants via phone, e-mail or in person to expedite the review process and consult on complex code issues with City of Santa Ana Building Official. 7. Plan review report to be customized for each project and be delivered via mail or e-mail to City and the applicant. 8. Structural portion of the plans to be reviewed by California Licensed Civil or Structural Professional Engineer. 9. Plan reviewer to be consistent, accurate, available, and responsive to the City and the applicant via phone, e-mail, and meetings. Also, the plan reviewer shall be available to the Building Official and his staff to help answer Code questions arising from the review. Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of construction proposed by applicant. 10. Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the City office with owners, architects, engineers and contractors to discuss the Plan Check issues. 11. Plan reviewer to verify that the job description, scope of work, square footages, occupancy classifications and type of construction, on the permit application agrees with the plans and specifications. Plan reviewer will also verify the building valuation based upon valuation costs used by the City of Santa Ana. 12. Initial Plan review to be complete within ten (10) working days and recheck within five (5) working days. 13. Consultant fee for review services to be 60% of the City of Santa Ana Standard Plan Check Fee, excluding any accelerated plan check fee. 14. Hourly projects including revisions, deferred submittals, trusses, stairs, curtain walls, mechanical, plumbing and electrical plan reviews will be checked on an hourly rate of $120.001hour when performed by a Certified Plans Examiner and a rate of$150.00Jhour when performed by a registered Senior Plan Check Engineer. 15. Expedited Plan Review will be provided when requested for an individual project and will be an additional 30% of the plan review fees above. For Expedited Plan Review, the initial plan review to be complete within five (5) to seven (7) working days and recheck within five (5) working days. 15. Fee(s) are charged in conformance with the City's Miscellaneous Fee Schedule. 17. Provide in-house temporary staff as approved by the Executive Director of the Planning and Building Agency. 18. Courier service for pickup and delivery of plans to the City shall be provided at no additional cost. 19. Plan review shall be performed electronically using the City's electronic plan review system when requested by the City. No additional fees shall be charged for electronic plan review. B. Building Inspection Services Consultant shall perform the following services. 1. Building inspection services for industrial, commercial, residential and public buildings to determine compliance with approved plans and documents as well as applicable building standards as related to existing and proposed buildings. 2. Building inspection services for compliance with California state-mandated regulations for energy conservation, disabled access, green building standards and City adopted ordinances. 3. Building inspection services for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood insurance rate map (FIRM) as Flood zone A or AE. 4. Building inspectors shall be certified to perform inspections for compliance with applicable California Building Standards Codes. 5. Building inspectors shall complete all necessary City forms and documents, enter results, and follow the City's workflow when an inspection is conducted. Inspectors will provide accurate correction notices and inspection records. 6. Building inspections shall be charged at an hourly rate of$100.00/hour when performed by a Certified Building Inspector and a rate of$125.00/hour when performed by a Senior Certified Building Inspector. Mileage will not be reimbursed by the City. 7. Provide accelerated building inspection services on an as-needed basis. 8. Provide in-house temporary staff. C. Technical Services Consultant shall perform the following services. 1. Technical services shall be provided as-needed at hourly rates listed in Sections A and B above, based on the qualifications of the consultant that will provide the service. Technical services shall include training and technical studies with reporting with rates ranging from $80.00/hour to $150.00/hour, and document management system administration services with rates ranging from $25.00/hour to $45.00/hour based on experience. 2. Permit technical services shall be charged at an hourly rate of$70.00/hour when performed by non-certified permit technicians and $85.00/hour when performed by Certified Permit Technician. 3. Structural Peer Review services shall be performed by a California registered Structural Engineer who has expertise in the current edition of ASCE 41 and performance-based structural design methodologies. Peer reviewer shall have technical expertise in the evaluation and retrofit of buildings similar to the one being reviewed and shall be familiar with the technical issues and regulations governing the work to be reviewed. Consultant shall provide a lump sum fixed fee for the structural peer review services based on the scope and complexities of the project. This fee shall be subject to the approval of the project applicant as a pass-through fee and shall be paid by the project applicant in conformance with the City's Miscellaneous Fee Schedule. EXHIBIT B INSURANCE REQUIREMENTS 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 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal &advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 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, provided that such policy is endorsed for business use and provides coverage with a minimum limit of$1,000,000. Required policy limits can be met with primary and umbrellalexcess insurance policies. 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. 4. Professional Liability(PL): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. 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: 1. 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. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary 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 nonpayment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, 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. 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. DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1 0412912026 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). '7� PRODUCER CONTACT AOn Risk services Northeast, Inc. NAME: Aon Risk Services Northeast, Inc. 1C No.Ext): 866-283-7122 FAX No 860-363-0105 v NY NY Office E-MAIL One Liberty Plaza ADDRESS: z 165 Broadway, suite 3201 New York NY 10006 USA INSURER(S)AFFORDING COVERAGE NAIC p INSURED INSURERA: Allianz Global Risks US Insurance Co. 35300 Bureau veritas North America, Inc INSURERS: Hartford Fire Insurance co. 19682 16800 Greenspoint Park Drive Suite 300S INSURER C: Houston TX 77060 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570119690993 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, Limits shown are as requested INSR TYPE OF INSURANCE D POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WvD MMIDDIYYYY MMIODIYYW A X COMMERCIAL GENERAL LIABILITY Y Y USL 015 EACH OCCURRENCE S2,000,000 CLAIMS-MADE OCCUR SIR applies per policy terns & conditions DAMAGE TO RENTED S1,000,001) PREMISES Ea occurrence MED EXP(Any one person) $10,000 PERSONAL£ADV INJURY $2,000,000 m GEN'LAGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE 12,000,000 n POLICY L PRO- POLICY LOC JECT PRODUCTS-COMPIOPAGG $2,000,000 rn OTHER: SIR $50,000 O n B AUTOMOBILE LIABILITY Y Y 10 AB, s41202 01/01/2026 01/01/2027 COMBINED SINGLE LIMIT ADS Eaaeci I $l,000,000 AI NY AUTO BODILY INJURY(Par person) Z OWNED SCHEDULED BODILY INJURY(Per accident) y HIRED AUTOS AUTOS NON-OWNED PROPERTY DAMAGE ONLY AUTOS ONLY Peraccident Comprehensive Deduct $1,000 m A X UMBRELLALIAB X OCCUR Y Y USLOO163326 01/01/202601/01/2027 EACH OCCURRENCE $5,000,000 V EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION 5250,000 B WORKERS COMPENSATION AND Y IOWNS41200 01/01 2026 01101 2027 X I PER STATUTE 0TH_ EMPLOYERS'LIABILITY ER YIN see state Policy Addendum OANY FrICE PRIETORI PARTNER lEXECUTIVE E.L.EACHACCI❑ENT $1,.000,ODO OrEICERIMEMDER E%CLDOED7 N P 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--- A Architects & Engineers USFOO248026 01/01/2026 01/01/2027 Each Claim $1,000,000 Professional Claims Made Aggregate $2,000,000 SIR applies per policy ter s & condi ions SIR $250,O DESCRIPTION OF OPERATIONS 1 LOCATIONS P VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Santa Ana, its city council, its officers, officials, employees, agents and volunteers are included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability and Umbrella Liability polities. General Liability, Automobile Liability and umbrella Liability policies evidenced herein are Primary and Non-contributory to other insurance available to an Additional insured, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of the City of Santa Ana, its City council, its officers, officials, employees, agents and volunteers in accordance with the policy previsions of the General Liability, Automobile Liability, umbrella ^J Liability, workers' compensation, Professional Liability policies. should General Liability, Automobile Liability and workers' �#J PIN CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THES EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. city of Santa Ana AUTHORIZED REPRESENTATIVE Planning and Building Agencyi 20 Civic Center Plaza ` l � Santa Ana CA 92701 USA c.]��/a/tea APPROVED By Tu Tran Nguyen at t 1:12 am,May 20,2026 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) a name an ego are registered marks of ACORD AGENCY CUSTOMER ID: 570000048582 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services Northeast, Inc. Bureau Veritas North America, Inc POLICY NUMBER See Certificate Number: 570119690993 CARRIER NAIC CODE see Certificate Number: 570119690993 EFFECTIVE DATE! ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liabillty Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSURER INSURER INSURER ADDITIONAL. POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. INSA POLICY POLICY ADDL SUBR POLICYNUMBER LIMITS LTR TYPE OF INSURANCE INSD WVD EFFECTIVE EXPIRATION DATE DATE (MMIDDYYYYY) (MMI)D/YYYY) AUTOMOBILE LIABILITY e Y Y 10 AB s41202 01/01/2026 01/01/2027 collision $1,000 ADS DedUCtible ACORD 101(2008101) ©2008 ACORD CORPORATION,All rights reserved. The ACORD name and logo are registered marks orACORD AGENCY CUSTOMER ID: 570000048582 LOG#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon tusk services Northeast, Inc. Bureau veritas North America, Inc POLICY NUMBER see certificate Number: 570119690993 CARRIER NAIC CODE See certificate Number: 570119690993 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operagans I Locallors I Vehlcles; compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to the city of Santa Ana in accordance with the policy provisions of each policy. The Architects & Engineers policy includes coverage for Professional Liability and Contractors Pollution Liability. ACORD 101(2008701) O 2008 ACORD CORPORATION.All rlghls reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000048582 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDIN5UREo Aon Risk services Northeast, Inc. Bureau Veritas North America, Inc POLICY NUMBER see certificate Number: 570119690993 CARRIER NAIC OODE see certificate Number: 570119690993 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS ASCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance workers Compensation/Employers Liability 1OWNS41200 01/01/26-01/01/27 Trumbull insurance AR,DC,IN,LA,NE,RI,UT 10wNs41200 01/01/26-01/01/27 Twin City Fire Insurance Company FL,ND,OH,WA,WY 1OWNS41200 01/01/26-01/01/27 Hartford insurance company of the Midwest AK,ID 1OWNS41200 01/01/26-01/01/27 Hartford Casualty Insurance company M0,WV IOWNS41200 01/01/26-01/01/27 Nutmeg insurance company CT,IL 1OWNS41200 01/01/26-01/01/27 Hartford Fire Insurance Company NH,OR,PA IOWN541200 01/01/26-01/01/27 Hartford Accident and indemnity Company AL,GA,I<Y,MI,MT,NY,TN,VT 10WNs41200 01/01/26-01/01/27 Property & Casualty Ins Co of Hartford CA,CO,DE,ME, MN,MS,SC IOWNS41200 01/01/26-01/01/27 Hartford Insurance company of Illinois Tx IOWNS41200 01/01/26-01/01/27 Hartford insurance company of the southeast Ks,MD 1OWNS41200 01/01/26-01/01/27 Hartford Underwriters insurance company AZ,HI, NC,NJ,SD,VA 1OWNS41200 01/01/26-01/01/27 sentinel Insurance Company, Limited IA,NM,NV,OK 1OWBR541201 01/01/26-01/01/27 Twin city Fire insurance Company WI 10WBRs41201 01/01/26-01/01/27 sentinel Insurance company, Limited MA ACORD 101(2008101) ©200B ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD A11 anz @ First Name Insured; Bureau Ueritas Holdings,Inc.,c/o Bureau Veritas Consumer Products Services Policy Number: USF00248025 Effective Dat%. January 01,2025 FORMS AND ENDORSEMENTS LIST The following p-o'acy forms and endorsements have been ottoched to and made a part ofthe policy at inception. Architects and Engineers Professional Liability and Contractors Pollution BVNA DECLNY(01 23) Liability Policy declarations(SVNA Form) 0124 Rev In Witness Clause Manuscript BVNA 0124 Forms and Endorsements List AGR-DS1002(11-03) Policyholder Notice-All States 386b3 5 03 21 01 24 Rev Imoortant Disclosure Notice of Terrorism Insurance Coverage PHN7157-MU(01/20) Arch:tectsond Engineers Professional Liability and Contractors Pollution BVNA 001(01-23) Liability Coverage Form 0124 Rev New York Amendatory Endorsement BVNA(01/23)0124 Rev i Restatement of Self-Insured Retention Ersdarsemer,t BVNA!0124 2 NEIS Amendatory Endorsement BVNA2 0124 3 Knowledge of Claim or Circumstances Ariended Endorsement BVNA3 0124 4 Additional Irsured Endorsement-Specific Entities BVNIA4 0124 5 Cancellation Clause Amended Endorsement(Pro Rota) BVNAS 01 24 6 Definition Arriended Endorsement(Professional Services) BVNA&0124 7 Definition Amended Endorsement(Covered Operations) BVNA7 01 24 8 Advice Of Carcellatan Endorsement BVNA8 01 24 9 Technology Services Coverage Extension Endorsement EVNAgr 0124 10 Acquisitions Maraers and Material.Changes Endorsement SVNA10 0124 11 Unlimited Prior Acts Coverage Erdorsement(Coverage A.2.Contractor's BVNA11 01"24 12 Pollution Liability) Amendment of Owned Property Exclusion Endorsement BVNA12 0124 13 Amendment of Property Damage Exclusion Endorsement BVNA13 0124 14 Amendment of Disposal Satz Exclusion Endorsem er't SVNA14 01 24 15 Amendment To Watercraft,Aircraft~Motor Vehicle Or Rolling Stock BVNA18 01 24 16 Exclusion EndorsemenE(Transportation Coverage) Errors and Omissions Exclus"on Endorsement BVIVA160124 17 Definition Amended Endorsement(Clean-Up Costs) SVNA170124 18 Anti-Stacking Endorsement BVNA1.8 0124 19 Maximum Limits AopLicable to You Endorsement 3VNA19 01 24 20 Terrorism Exclusion with CPL Canvehock for Cer-ified Acts of Terrorism Manuscript BVNA 01 24 Rev 21 Economic or Trade Sanctions Endorsement Manuscript BVNA 0124 Rev 22 Addit�onaLInsured-DesignatedPersonorOrganiiatan AGRL-PL 4426(01-14) 23 0124 Rev General Chonge Endorsement(Brc-ad Form Named lnsured) AGR-ILMAN(01-2023)0124 24 Rev General Change Endorsement(Other Insurance) AGR-IL MAN NY(01-2023) 25 0124 Rev Extended Reporting Period Endorsement BVNA 004(01-23)0124 Rev 26 AGsR-DS1002(11-03)0124 Rev Page 1 Alllanz 4 C. EXTENDED REPORTING PERIOD If this Policy is canceled or non-renewed by the Company or the Named Insured for reasons other than non- payment of premiums or non-compliance with the terms and conditions of this Policy,the Named Insured, shall have the option to purchase an Extended Reporting Period by advising the Company in writing, as provided below,of its election to do so,accompanied by the payment of the additional premium specified in Item 8 of the Declarations.The Extended Reporting Period will apply only to Claims first made against the Insured during the number of months specified in Item 8 of the Declarations following immediately upon the effective date of such cancellation or non-renewal,but only by reason of(1)a Breach of Professional Duty arising out of Professional Services or(2)a Pollution Condition arising out of Covered Operations which happened subsequent to the Retroactive Date shown in Item 9 of the Declarations and prior to the effective date of such cancellation or non-renewal, and which is otherwise covered by this Policy. This Extended Reporting Period,if purchased,must be endorsed hereto. If however,this Policy is immediately succeeded by similar claims-made insurance coverage issued by any insurer for which the Retroactive Date is the some as or earlier than that shown in Item 9 of the Declarations, the succeeding insurance shall be deemed to be a renewal hereof and the Named Insured shall have no right to an Extended Reporting Period. The quotation of a different premium or Limit of liability or Self-Insured Retention amount or differing terms and conditions for renewal does not constitute a refusal to renew for the purpose of this provision. As a condition precedent to the Named Insured's right to purchase the Extended Reporting Period, the Named Insured must have satisfied all conditions of this Policy and must have paid all premiums due. The Named Insured's right to purchase the Extended Reporting Period must be exercised by notice, in writing,not later than sixty(60)days after the cancellation or Expiration Date of this policy and must include payment of the entire premium for the Extended Reporting Period as specified in Item 8 of the Declarations. If such notice and payment are not so given to the Company, the Named Insured shall not be able to purchase an Extended Reporting Period subsequently. The Extended Reporting Period shall be non-cancelable.Accordingly,atthe commencement of any Extended Reporting Period,the entire premium shall be considered earned. The purchase of the Extended Reporting Period provision shall not reinstate the Policy Aggregate Limit or otherwise increase the Limits of Liability set forth in Item 4 of the Declarations.. D. SUBROGATION In the event of any payment under this Policy,the Company shall be subrogated to all the Insured's rights of recovery therefor against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights.The Insured shall do nothing after an incident reasonably likely to give rise to a Claim to prejudice such rights. The Company agrees to waive this right of subrogation against the client of the Insured to the extent that the Insured had, prior to a Claim,a written agreement to waive such rights. E. HOW OTHER INSURANCE APPLIES Where other insurance is available to the Insured for Loss covered under the terms and conditions of this Policy,the Company's obligation to the Insured shall be as follows: 1. This Policy shall apply as excess insurance over any other valid insurance,whether collectible or not, be it primary,excess or contributing.This excess insurance shall in no way be increased or expanded as a result of the receivership,insolvency,or inability to pay of any insurer with respect to both the duty to indemnify and the duty to defend.This also applies to the Insured while acting as a self-insured for any coverage. 2. Where,in accordance with paragraph 1,above,this Policy is excess insurance,the Company will: a. pay only its share of the amount of Loss,if any,that exceeds the total amount of all such valid insurance, whether collectible or not, including any deductible, self-insured retention or other retained amount;and BVNA 001(01-23)0124 Rev Page 10 of 13 @2024 Allionz Global Risk U.S.Insurance Co. All rights reserved. POLICY NUMBER:USL00159326 COMMERCIAL GENERAL LIABILITY CG 20 1012 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any person or organization whom you become Locations that are listed in the written contracts or obligated to include as an additional insured as a result agreements stated on the left side of this of any contract or agreement you have entered into SCHEDULE. 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 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury", "property will not be broader than that which you are damage" or "personal and advertising injury" required by the contract or agreement to caused, in whole or in part, by: provide for such additional insured. 1. Your acts or omissions; or B. With respect to the insurance afforded to these 2. The acts or omissions of those acting on your additional insureds, the following additional behalf; exclusions apply: in the performance of your ongoing operations for This insurance does not apply to "bodily injury" or the additional insured(s) at the location(s) "property damage"occurring after: designated above. 1. All work, including materials, parts or However: equipment furnished in connection with such work, on the project (other than service, 1. The insurance afforded to such additional maintenance or repairs) to be performed by or insured only applies to the extent permitted by on behalf of the additional insured(s) at the law; and location of the covered operations has been completed; or CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 2. That portion of "your work" out of which the 2. Available under the applicable limits of injury or damage arises has been put to its insurance; intended use by any person or organization other than another contractor or subcontractor whichever is less. engaged in performing operations for a This endorsement shall not increase the principal as a part of the same project. applicable limits of insurance. C, With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance, If coverage provided to the additional insured is 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 Page 2 of 2 O Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER:USL00159326 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD UCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you become Locations that are listed in the written contracts or obligated to include as an additional insured as a result agreements stated on the left side of this SCHEDULE. of any contract or agreement you have entered into Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section Il — Who is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole part, by required by a contract or agreement, the most we "Your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 3712 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER:USL00159326 COMMERCIAL GENERAL LIABILITY EFFECTIVE DATE: January 01, 2026 CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 Policy Number: USL00159326 COMMERCIAL GENERAL LIABILITY Effective Date: January 01, 2026 CG 24 53 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CG 24 6312 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1 1 OAB S41202 --- COMMERCIAL AUTOMOBILE HA 99 16 12 21 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 e. Employees as Insureds Paragraph .1. - WHO IS AN INSURED - of (1). Any "employee" of yours while using a Section II - Liability Coverage is amended to covered "auto" you don't own, hire or add the following: borrow in your business or your d. Subsidiaries and Newly Acquired or personal affairs. Formed Organizations f. Lessors as Insureds The Named Insured shown in the (1). The lessor of a covered "auto" while the Declarations is amended to include: "auto' is leased to you under a written (1) Any legal business entity other than a agreement if: partnership or joint venture, formed as a (a) The agreement requires you to subsidiary in which you have an provide direct primary insurance for ownership interest of more than 50% on the lessor and the effective date of the Coverage Form. (b) The "auto" is leased without a However, the Named Insured does not driver. include any subsidiary that is an "'insured" under any other automobile Such a leased "auto" will be considered a policy or would be an "insured" under covered "auto" you own and not a covered such a policy but for its termination or "auto"you hire. the exhaustion of its Limit of Insurance. g. Additional Insured if Required by Contract (2) Any organization that is acquired or (1) When you have agreed, in a written formed by you and over which you contract or written agreement, that a maintain majority ownership. However, person or organization be added as an the Named Insured does not include any additional insured on your business auto newly formed or acquired organization: policy, such person or organization is an (a) That is a partnership or joint "insured", but only to the extent such venture, person or organization is liable for bodily injury" or "property damage" (b) That is an "insured" under any other caused by the conduct of an "insured" policy, under paragraphs a, or b. of Who Is An (c) That has exhausted its Limit of Insured with regard to the ownership" Insurance under any other policy, or maintenance or use of a covered "auto." (d) 180 days or more after its The insurance afforded to any such acquisition or formation by you, additional insured applies only if the unless you have given us notice of "bodily injury" or "property damage" the acquisition or formation. occurs: Coverage does not apply to "bodily (a) During the policy period, and injury" or "property damage" that results (b) Subsequent to the execution of such from an "accident" that occurred before written contract, and you formed or acquired the organization. Form HA 99 16 12 21 Page 1 of 5 02021, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (c) Prior to the expiration of the period This insurance is primary if you have of time that the written contract agreed in a written contract or written requires such insurance be provided agreement that this insurance be to the additional insured. primary. If other insurance is also (2) How Limits Apply primary, we will share with all that other If you have agreed in a written contract insurance by the method described inOther Insurance 5.d. or written agreement that another person or organization be added as an (2) Primary And Non-Contributory To Other additional insured on your policy, the Insurance When Required By Contract most we will pay on behalf of such If you have agreed in a written contract additional insured is the lesser of: or written agreement that this insurance (a) The limits of insurance specified in is primary and non-contributory with the the written contract or written additional insured's own insurance, this agreement; or insurance is primary and we will not (b) The Limits of Insurance shown in seek contribution from that other the Declarations. insurance. Paragraphs (1) and (2)do not apply to other Such amount shall be a part of and not insurance to which the additional insured in addition to Limits of Insurance shown in the Declarations and described in this has been added as an additional insured. Section. When this insurance is excess, we will have {3) Additional Insureds Other Insurance no duty to defend the insured against any "suit" if any other insurer has a duty to If we cover a claim or "suit" under this defend the insured against that "suit". If no Coverage Part that may also be covered other insurer defends, we will undertake to by other insurance available to an do so, but we will be entitled to the insured's additional insured, such additional rights against all those other insurers. insured must submit such claim or "suit" When this insurance is excess over other to the other insurer for defense and insurance, we will pay only our share of the indemnity. amount of the loss, if any, that exceeds the However, this provision does not apply sum of: to the extent that you have agreed in a (1) The total amount that all such other written contract or written agreement insurance would pay for the loss in the that this insurance is primary and non- absence of this insurance; and contributory with the additional insured's own insurance. (2) The total of all deductible and self- (4) Duties in The Event Of Accident, Claim, insured amounts under all that otherinsurance. Suit or Loss We will share the remaining loss, if any, by If you have agreed in a written contract the method described in SECTION Iv- or written agreement that another Business Auto Conditions, B. General person or organization be added as an Conditions, Other Insurance SA,insured on your policy, the additional insured shall be required to 3. AUTOS RENTED BY EMPLOYEES comply with the provisions in LOSS Any "auto" hired or rented by your "employee" CONDITIONS 2. - DUTIES IN THE on your behalf and at your direction will be EVENT OF ACCIDENT, CLAIM , SUIT considered an "auto" you hire. OR LOSS — OF SECTION IV — The SECTION IV- Business Auto Conditions, B. BUSINESS AUTO CONDITIONS, in the General Conditions, 5. OTHER INSURANCE same manner as the Named Insured. Condition is amended by adding the following; 2. Primary and Non-Contributory if e. If an "'"em to ees p Y personal insurance also Required by Contract applies on an excess basis to a covered Only with respect to insurance provided to "auto" hired or rented by your"employee" on an additional insured in A.1.g. - Additional your behalf and at your direction, this Insured If Required by Contract, the insurance will be primary to the following provisions apply: "employee's" personal insurance. (1) Primary Insurance When Required By Contract Page 2 of 5 Form HA 99 16 12 21 4. AMENDED FELLOW EMPLOYEE EXCLUSION obligation for any difference between the actual EXCLUSION 5. - FELLOW EMPLOYEE - of cash value of the "auto" at the time of the "loss" SECTION II - LIABILITY COVERAGE does not and the"outstanding balance"of the loan/lease. apply if you have workers' compensation "Outstanding balance" means the amount you insurance in-force covering all of your owe on the loan/lease at the time of "loss" less "employees". any amounts representing taxes; overdue Coverage is excess over any other collectible payments; penalties, interest or charges insurance, resulting from overdue payments; additional S. HIRED AUTO PHYSICAL DAMAGE COVERAGE mileage charges; excess wear and tear charges; lease termination fees; security deposits not If hired "autos" are covered "autos" for Liability returned by the lessor; costs for extended Coverage and if Comprehensive, Specified warranties, credit life Insurance, health, accident Causes of Loss, or Collision coverages are or disability insurance purchased with the loan provided under this Coverage Form for any or lease; and carry-over balances from previous "auto" you own, then the Physical Damage loans or leases. Coverages provided are extended to"autos"you g, AIRBAG COVERAGE hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired tinder Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE "auto" is: COVERAGE, the following is added: (1) $100,000; The exclusion relating to mechanical breakdown (2) The actual cash value of the damaged or does not apply to the accidental discharge of an stolen property at the time of the"loss"; or airbag. (3) The cost of repairing or replacing the 9. ELECTRONIC EQUIPMENT - BROADENED damaged or stolen property, COVERAGE whichever is smallest, minus a deductible. The a. The exceptions to Paragraphs BA - deductible will be equal to the largest deductible EXCLUSIONS - of SECTION III - PHYSICAL applicable to any owned "auto" for that DAMAGE COVERAGE are replaced by the coverage. No deductible applies to "loss" following: caused by fire or lightning. Hired Auto Physical Exclusions 4.c. and 4.d. do not apply to Damage coverage is excess over any other equipment designed to be operated solely by collectible insurance, Subject to the above limit, use of the power from the "auto's" electrical deductible and excess provisions, we will system that, at the time of"loss", is: provide coverage equal to the broadest coverage applicable to any covered "auto" you (1) Permanently installed in or upon the own covered "auto'; We will also cover loss of use of the hired "auto" (2) Removable from a housing unit which is if it results from an "accident", you are legally permanently installed in or upon the liable and the lessor incurs an actual financial covered "auto'; loss, subject to a maximum of $1000 per (3) An integral part of the same unit housing "accident". any electronic equipment described in This extension of coverage does not apply to Paragraphs (1) and (2) above; or any "auto" you hire or borrow from any of your (4) Necessary for the normal operation of the "employees", partners (if you are a partnership), covered "auto" or the monitoring of the members (if you are a limited liability company), covered"auto's"operating system, or members of their households. b. Section III, Physical Damage Coverage, 6. PHYSICAL DAMAGE - ADDITIONAL Limit of Insurance, Paragraph C.2. is TEMPORARY TRANSPORTATION EXPENSE amended to add the following: COVERAGE $1,500 is the most we will pay for "loss" in Paragraph AA.a. of SECTION III - PHYSICAL any one "accident" to all electronic DAMAGE COVERAGE is amended to provide a equipment (other than equipment designed limit of $50 per day and a maximum limit of solely for the reproduction of sound, and $1,000. accessories used with such equipment) that 7. LOAN/LEASE GAP COVERAGE reproduces, receives or transmits audio, Under SECTION III - PHYSICAL DAMAGE visual or data signals which, at the time of COVERAGE, in the event of a total "loss" to a 'loss", is: covered "auto", we will pay your additional legal Form HA 99 16 12 21 Page 3 of 5 (1) Permanently installed in or upon the (2) A partner, if you are a partnership; covered "auto" in a housing, opening or O member,3 A memb if other location that is not normally used You area limited liability company; or by the "auto" manufacturer for the installation of such equipment; (4) An executive officer or insurance manager, if you are a corporation. (2) Removable from a permanently installed 14. UNINTENTIONAL FAILURE TO DISCLOSE housing unit as described in Paragraph HAZARDS 2.a. above or is an integral part of that equipment; or If you unintentionally fail to disclose any hazards (3)An integral part of such equipment. existing at the inception date of your policy, we c. For each covered "auto", should loss be will not deny coverage under this CoverageForm because of such failure. limited to electronic equipment only, our obligation to pay for, repair, return or replace 15. HIRED AUTO-COVERAGE TERRITORY damaged or stolen electronic equipment will SECTION IV, BUSINESS AUTO CONDITIONS, be reduced by the applicable deductible PARAGRAPH B. GENERAL CONDITIONS, 7. - shown in the Declarations, or $250, POLICY PERIOD, COVERAGE TERRITORY - whichever deductible is less, is added to include the following: 10. EXTRA EXPENSE - BROADENED (6) For short-term hired "autos", the coverage COVERAGE territory with respect to Liability Coverage is Under Paragraph A. -COVERAGE-of SECTION anywhere in the world provided that if the III - PHYSICAL DAMAGE COVERAGE, we will "insured's" responsibility to pay damages for pay for the expense of returning a stolen covered "bodily injury" or "property damage" is "auto"to you. determined in a "suit,"the "suit" is brought in the United States of America, the territories 11. GLASS REPAIR-WAIVER OF DEDUCTIBLE and possessions of the United States of Under Paragraph D. - DEDUCTIBLE - of America, Puerto Rico or Canada or in a SECTION III- PHYSICAL DAMAGE COVERAGE, settlement we agree to, the following is added: 16. WAIVER OF SUBROGATION No deductible applies to glass damage if the Paragraph 5. TRANSFER OF RIGHTS OF glass is repaired rather than replaced. RECOVERY AGAINST OTHERS TO US - of 12. TWO OR MORE DEDUCTIBLES SECTION IV- BUSINESS AUTO CONDITIONS Under Paragraph D. - DEDUCTIBLE - of A. Loss Conditions is amended by adding the SECTION III - PHYSICAL DAMAGE COVERAGE, following: the following is added: We waive any right of recovery we may have If another Hartford Financial Services Group, against any person or organization with whom Inc. company policy or coverage form that is not you have a written contract that requires such an automobile policy or coverage form applies to waiver because of payments we make for the same"accident", the following applies: damages under this Coverage Form. (1) If the deductible under this Business Auto 17. RESULTANT MENTAL ANGUISH COVERAGE Coverage Form is the smaller (or smallest) The definition of "bodily injury" in SECTION V- deductible, it will be waived; DEFINITIONS, C. is replaced by the following: (2) If the deductible under this Business Auto "Bodily injury" means bodily injury, sickness or Coverage Form is not the smaller (or disease sustained by any person, including smallest) deductible, it will be reduced by mental anguish or death resulting from any of the amount of the smaller (or smallest) these. deductible. 18. EXTENDED CANCELLATION CONDITION 13. AMENDED DUTIES IN THE EVENT OF Paragraph 2. of the COMMON POLICY ACCIDENT,CLAIM, SUIT OR LOSS CONDITIONS - CANCELLATION - applies The requirement in LOSS CONDITIONS 2.a. - except as follows: DUTIES IN THE EVENT OF ACCIDENT, If we cancel for any reason other than CLAIM, SUIT OR LOSS - of SECTION IV - nonpayment of premium, we will mail or deliver BUSINESS AUTO CONDITIONS that you must to the first Named Insured written notice of notify us of an "accident" applies only when the cancellation at least 60 days before the effective "accident" is known to: date of cancellation. (1) You, if you are an individual; Page 4 of 5 Form HA 9916 12 21 19. HYBRID, ELECTRIC, OR NATURAL GAS b. A"hybrid" auto is defined as an auto with an VEHICLE PAYMENT COVERAGE internal combustion engine and one or more In the event of a total loss to a "non-hybrid" auto electric motors; and that uses the internal for which Comprehensive, Specified Causes of combustion engine and one or more electric Loss, or Collision coverages are provided under motors to move the auto, or the internal this Coverage Form, then such Physical combustion engine to charge one or more Damage Coverages are amended as follows: electric motors, which move the auto. a. If the auto is replaced with a"hybrid" auto or 20• VEHICLE WRAP COVERAGE an auto powered solely by electricity or In the event of a total loss to an "auto" for which natural gas, we will pay an additional 10%, Comprehensive, Specified Causes of Loss, or to a maximum of$2,600, of the "non-hybrid" Collision coverages are provided under this auto's actual cash value or replacement Coverage Form, then such Physical Damage cost, whichever is less, Coverages are amended to add the following: b. The auto must be replaced and a copy of a In addition to the actual cash value of the "auto", bill of sale or new lease agreement received we will pay up to $1,000 for vinyl vehicle wraps by us within 60 calendar days of the date of which are displayed on the covered "auto" at the "loss," time of total loss. Regardless of the number of c. Regardless of the number of autos deemed autos deemed a total loss, the most we will pay a total loss, the most we will pay under this under this Vehicle Wrap Coverage provision for Hybrid, Electric, or Natural Gas Vehicle any one "loss" is $5,000. For purposes of this Payment Coverage provision for any one coverage provision, signs or other graphics "loss"is$10,000, painted or magnetically affixed to the vehicle are For the purposes of the coverage provision, not considered vehicle wraps. 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. Form HA 99 16 12 21 Page 6 of 5 it THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 10 WN S41200 Endorsement Number: Effective Date: 01/01/2 026 Effective hour is the same as stated on the Declarations of the policy. Named Insured and Address: BUREAU VERITAS HOLDINGS, INC. 16800 GREENSPOINT PARK DR. SUITE 300S HOUSTON, TX 77060 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers'compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description .ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR .AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Countersigned by Authorized Representative Form WC 04 03 06 Printed in U.S.A.