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HomeMy WebLinkAboutDUNBAR ARCHITECTURE DESIGN SERVICES?,(,t 014 FILE gar PJNUEEo A-2023-044 �ru.. �i}aUkAiuCE EXPIRES 2-4 2� ,.n Ur COUNCIL r CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND l DUNBAR ARCHITECTURE FOR DESIGN SERVICES THIS AGREEMENT is made and entered into on this 21" day of March, 2023 by and between e� Dunbar Architecture, ("Consultant"), and the City of Santa Ana, a charter city and municipal o corporation organized and existing under the Constitution and laws of the State of California ("City"). a RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of architectural design services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 WORK Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Work that was included in RFP No. 22-095 and attached hereto as Exhibit A, and as further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed $434,880.00 during the term of this Agreement, including any extension periods exercised under Section 3. This sum includes a contingency amount of $40,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written for a three (3) year term , unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant mattes 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. G. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 It 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 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. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the 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 to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 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. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, 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 Contractor, its subcontractors, agents, employees, or other persons acting on its 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 Contractor'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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, 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 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 5 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 interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Provider 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. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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 Contractors retained by City. 15. 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(s) 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. 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. 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. 18. 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. 19. 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: 7 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Jennifer Dunbar Principal/Owner Dunbar Architecture 12314 La Maida St. Los Angeles, CA 91607 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. 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. A-2023-044 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: Jennifer 1 ity Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Bv: Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristin Ridge Kristine City Manager CONSULTANT: 3/29/23 Jennifer Dunbar Principal/Owner EXHIBIT A Appendix ATTACHMENT SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CYPRESS FIRE STATION RENOVATION RFP NO.22-095 INTRODUCTION/BACKGROUND The City of Santa Ana is (CSA) soliciting proposals for Architectural/Engineering, Interior Design, and Construction Administration services for renovation and adaptive reuse of the historic Cypress Fire Station. The Cypress Fire Station, located at 625 South Cypress Avenue in the Pacific Park Neighborhood, was designed by Frederik M. Eley in 1928. The building is approximately 3,500 square feet, single story with high vaulted ceilings. It is currently vacant and as a result, has been subjected to repeated vandalism and squatters. The interior of the building was recently demolished down to wood framing in an effort to eliminate hiding spaces. The City would like to transform the former fire station into a new Santa Ana Police Athletic & Activity League (PAAL) center to serve youth and seniors of the community while maintaining and restoring the exterior integrity of the building. PAAL is an integral community program ran by the Santa Ana Police Department that focusses on building a bond between kids and police officers through education, fitness and activities. It offers tutoring, sports team, field trips and much more. The new PAAL center will be unique in that it will also serve seniors. The City is seeking a qualified firm to develop Contract Documents for use in a competitive bid process for construction, as further defined below under Scope of Work and Consultant Responsibilities. In addition, Consultant shall determine cost estimate for construction, so funding can be sought and secured. There is currently no construction budget for this project. Scope of Work Scope of work shall include, but is not limited to, finalizing building program, preparation of concept design and design development plans, preparation of construction plans and specifications, preparation of cost estimate, support during bid advertisement, and assistance during construction. Scope will also include coordination, reviews, permitting, and approvals from internal CSA agencies, Pacific Park Neighborhood Association, and the Historic Resources Commission. A generalized description for consideration are as follows. 1. Exterior a. Historic character of building must be maintained b. Stucco: thoroughly clean all exterior surfaces, address all cracking c. New roofing d. Door and window treatment e. Provide architecturally appropriate interior & exterior lighting fixtures f. New LED Security and Pathway Lighting g. Associated sitework (hardscape, landscape & irrigation) City of Santa Ana RFP 22-095 Page Al-1 h. West Entrance i. Retrofit doors to match original design ii. Clean up entrance building lettering, stone/brick, stucco and windows iii. Replace walkway connecting west entrance to sidewalk on Cypress Ave. iv. Create a patio area for outdoor activities for children and seniors i. East Entrance i. Create entrance for exclusive use by Police Department staff and officers. Gate/fence must be open without police officer getting out of their vehicle. Must be able to open gate/fence from their phone. ii. Create parking area along east side of building exclusively for police officers iii. Create access for police officers to their substation j. Surveillance: Provide comprehensive exterior security cameras and necessary low voltage cabling k. IT/Wireless Service: Coordinate with IT to provide no low voltage cat 6 cabling/trays throughout the building along with new access points 2. Interior a. General building i. All new building systems ii. Include technology in all new classrooms, open area and substation iii. New flooring throughout iv. New restrooms for patrons and staff; v. New restroom(s) exclusively for police officers vi. New lighting plan to ensure no shadows or dark areas vii. Replace all furniture in public and private spaces viii. New ceiling system ix. New HVAC, mechanical, electrical and plumbing x. Repair interior and exterior windows; and doors xi. Provide a comprehensive signage plan xii. ADA compliance/Accessible path of travel b. Open Community Area i. Front desk to check in ii. Open space with direct line of sight iii. Maintain high vaulted ceilings and one story c. Two New Classrooms i. (1) Room dedicated for physical activities ii. (1) Room dedicated for arts but can transform for senior citizen classes d. Two New Offices i. (1) New office for Director ii. (1) New office for Assistant Director e. New Police Substation i. New office(s)/work space ii. New Restroom iii. New kitchen / break area Original Floor Plans are included in this Request for Proposals as Attachment 4 City of Santa Ana RFP 22-095 Page A 1-2 Consultant Responsibilities The Consultant's responsibilities shall include the following project tasks Consultant is responsible for providing all design and engineering as required for all components within the project scope of work. As applicable, this includes but is not limited to: survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, parking and site improvements design, street improvement design (new driveway/access points), structural design, interior design including bookshelf layout plans, furniture selection, electrical engineering, mechanical and plumbing engineering, etc. Consultant will also be responsible for facilitating up to three (3) meetings with City Staff to obtain input and finalize concept plan, up to three (3) meetings with Pacific Park Neighborhood Association, and up to three (3) presentations to the Historic Resources Commission (HRC). Consultant shall provide review sets in .pdf format. Final plans shall be provided in AutoCAD or Microstation format, and .pdf format. Task 1: Pre -Design Preliminary design shall include Kick-off meeting with City Staff (representatives from Public Works Agency and Santa Ana's PAAL) to discuss scope of work, project goals and objectives, potential elements and issues, schedule, review of existing information and site investigation. ➢ Deliverables shall include a Work Task Plan, Schedule, Geotechnical Report and Site Survey. Work Plan should include key milestones and highlight tasks associated with historical registry requirements. Task 2: Concept Design Consultant shall meet with City Staff to review potential layouts and develop concept plans. Concept design shall be presented to the Pacific Park Neighborhood Association for input, and to the Historic Resources Commission for approval before proceeding to subsequent tasks. ➢ Deliverables shall include up to three (3) concept designs, with drawings/renderings for each the following: exterior from Cypress Avenue and back alley, main common area, classroom /activities rooms, police substation. ➢ Final Concept shall be approved by City Staff ➢ Garner community input ➢ Obtain Historic Resources Commission approval Task 3: Design Development (50% plans) Design development will involve the schematic development of plans based on the approved conceptual design plan, which shall include but is not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, draft technical specifications and "opinion of estimated cost'. ➢ Deliverables shall include a 50% set of plans, including site section studies, draft specification, "Opinion of Probable Cost". City of Santa Ana RFP 22-095 Page Al-3 Task 4: Construction Documents (90% and 100% plans) Construction Documents (CDs) shall include finalizing approved deliverables from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor. ➢ Deliverables shall include 90% and 100% plans, structural calculations, CASP report, final technical specifications, finalized "Opinion of Probable Cost". 100% plans will go through a constructability, review that could lead to comments and recommendations that should also be addressed and completed as part of this deliverable. Plans: Plans shall include, but are not limited to the following: • Title Sheet • Civil Engineering o Parking areas o Grading And On -Site Drainage Plan o Site Utility Plan • Landscape Architectural o Site Layout/Construction Plans And Details o Planting Plans/Details/Notes o Irrigation Plans/Details/Calculations/Notes • Architectural o Demolition Plans (interior and exterior) o Construction Plans (interior and exterior) o Reflected Ceiling Plans o Exterior Elevations o Interior Elevations o Mechanical and Plumbing Plans/T-24 o Electrical Plans, as applicable o Architectural Details o Structural Calculations o Door/Window/Finish/Hardware Schedules o ADA Path of Travel design and/or signage Plan Structural Engineering o Structural Design o Structural Calculations o Detailing Mechanical Engineering & Plumbing o Include new HVAC system o Include new water service meters (1-domestic, 1-irrigation) Electrical Engineering o Electrical Site Plan (exterior lighting) o Electrical Floor Plan (interior lighting) o Light fixture schedule o Security System o Photomehics. o Location of panels, switchgear, meters o Details o Notes, specifications City of Santa Ana RFP 22-095 Page Al -4 Plan Check & Permits: Additionally, this project is subject to review and approval by PWA CIP Engineering Division, CSA Planning & Building Agency (PBA), and the Historic Resources Commission (HRC). PWA Engineering Divisions will be conducting reviews at concept, 30%, 50%, 90%, and 100% stages. Plans shall not be submitted to PBA until they are at 100% status. HRC approval shall be obtained during Concept phase of the project. Consultant shall be responsible for determining what is needed in the submittal package to obtain HRC approval. Historic Resources Commission (HRC) Pursuant to our Historic Ordinance, major exterior modifications to a historic structure requires the approval of the HRC through a duly noticed public hearing and issuance of a Certificate of Appropriateness. Therefore, the property owner would need to apply for a Historic Exterior Modification Application WMA). The cost for this application is $2,348.83. Prior to presenting the application to the HRC city staff will ensure that any proposed exterior modifications are consistent with the Secretary of Interior's Standards for rehabilitation and consistent with our Historic Ordinance. Staff recommends the proposal identify a historic consultant to provide a compliance statement ensuring consistency with the standards. This compliance statement would help streamline the review process and help with staff recommendation for approval. The timeframe for the HEMA will also vary as we only have four regularly scheduled HRC meetings throughout the year (January, April, July, and October). It will be important to coordinate this effort proactively with the Planning department staff to determine the submittal deadline for the next available HRC meeting. Planning and Building Agency — Plan Check: Construction drawings shall be in accordance with the 2022 California Building Code (adopted January 1, 2023) and will require review/approval by the City Planning and Building Agency. As a condition of plan check approval, plans, specifications and structural calculations must be signed by a California licensed architect / landscape architect /civil engineer/structural engineer as appropriate. Additionally, the architect will be encouraged to identify their historic consultant to address questions and concerns related to the historical preservation of the building. Plans shall be organized so that they can be segregated cleanly for distribution to the various plan checking entities. Construction drawings shall be submitted at 90% completion for review by Public Works CIP Engineering and Santa Ana PAAL staff and revised per their comments. The 100% complete construction drawing package will then be submitted for final City review Planning and Building Agency. The Public Works Agency Project Manager will coordinate and assist with the submittal and review processes. Consultant shall revise Contract Documents to reflect all comments and input provided by these divisions. Consultant shall communicate directly with the Building Department Plan Checker as necessary to address any questions or request clarifications. Once complete, the consultant will revise the Contract Documents and provide written responses to all plan check comments and provide with resubmittals. City of Santa Ana RFP 22-095 Page Al-5 Technical Specifications Technical specifications for all components listed above shall be provided by Consultant, or their Sub - consultants, to the City in CSI (Construction Specifications Institute) format to be folded into city provided boiler plate specifications. Consultant shall coordinate language between the general and technical specifications to ensure conflicts are minimized. Technical specifications combined with the City Boiler Plate together become the Project Manual. Final Opinion ofProbable Cost Consultant shall provide updated opinion of probable construction cost which shall reflect finalized plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project. Should project scope exceed available budget, project plans/specifications will be phased as appropriate. Task 5: Bid Advertisement, Construction Administration, Record Drawings: Bid Advertisement Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre -proposal meeting, if scheduled. Construction Administration Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing submittals. Record Drawings /As -Built Plans: Upon construction completion, consultant shall incorporate as -built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives. Fee Proposal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the abovementioned tasks as follows: Task 1: Pre -Design Task 2: Concept Design Task 3: Design Development Task 4: Construction Documents Task 5: Bid Advertisement, Construction Administration, Record Drawings Total Fee: Fee schedule for each task should include an hourly breakdown that corresponds to the task total. City Responsibilities The City will be responsible for the following items: + Provision of available plans and existing documentation on file. • Provision of electronic design file with City title block and title sheet (24" x 36") • Provision of standard City boilerplate specifications. • Acting as liaison with the appropriate decision making bodies, as necessary. • Assist with coordination and processing of plans and documents with governmental agencies having jurisdiction over the project. City of Santa Ana RFP 22-095 Page Al-6 EXHIBIT B CYPRESS STREET FIRE STATION R E N O VAT I O N �---� STATEMENT OF QUALIFICATIONS & PROPOSAL RFP NO.: 22-095 January 18, 2023 DUNBAR ARCHITECTURE ARCHITECTURE & DESIGN I HISTORIC ARCHITECTURE I INTERIORS Based on the information provided in the Request for Proposal, Response to Questions, and the Pre -bid site walk on December 21, 2022, we understand the project to consist of a 4,000 rehabilitation project that will renovate the historic Cypress Fire Station (3,500 square feet) and remove a non -original rear carport addition (500 square feet) on an approximate 8,000 square foot lot. The project is located at 625 South Cypress Avenue and was designed in 1928 by Frederick M. Eley, a prolific and highly regarded architect in early Santa Ana and Orange County history. The goal of the project is to transform the building and exterior spaces into a new Santa Ana Police Athletic & Activity League (PAAL) center to serve the community, while restoring the exterior integrity of the building and maintain its historic register standing. Anticipated Site Work: Site work includes grading, asphalt and concrete work around the site, ADA access improvements at the exterior of the building, fencing and gates, utility connections and related buildouts, parking area grading and striping, site lighting, EV charging stations, stormwater management (LID) and site drainage, erosion control, irrigation, and landscaping. Additionally, we see the site work as an opportunity to engage with and create exciting placemaking and programming opportunities for the community. By the removal of the existing and excessive hardscape and the introduction of low maintenance and low water use native plant landscaping, we believe there is a prospect to create a welcoming and engaging outdoor space for the community. We feel that even small spaces can provide a place of respite and occasions for community activities and learning. Anticipated Building work: General programming of the building is to include an open community area with a front desk check -in, two new classroom spaces dedicated for physical recreation and art activities, two new offices for the Director and Assistant Director, restrooms, and a new Police Substation with workspace and break room. A patio for activities is envisioned for the front (west) exterior space. Secured enclosure off the rear (east) side of the building that opens onto the existing alleyway is to provide access to police offices and staff. The city has noted that project will not be considered an "Essential Services" building. The exterior of the building, specifically the front and side elevations will be restored to retain its character defining features. Using the original historic drawings and photos of the original building, doors and windows will be recreated to return the building to its original exterior. Interior and exterior lighting will be selected for appropriateness. The clay tile roof, stucco, and decorative tiling will be cleaned, repaired, and reinstalled to match existing as needed. It is anticipated that a new built-up roofing system will be required at flat and parapet roof areas. Interior work will be designed to provide inviting and engaging spaces for users that is modern but complementary to the historic building. Accessibility, safety, and inclusion will be the driving factors for interior spaces and finishes. Task 1: Pre -Design Our first step after the initial kick off meeting will be to initiate a site survey, develop a base level of working architectural drawings from the original building drawings, and determine if additional information is needed. A meeting with city staff will be held to confirm program- ming requirements and discuss initial concept design options. DELIVERABLES • A programming and project narrative, including engineering memos of expected scope for structural, mechanical/ electrical/ plumbing, and civil engineering. • Base level architectural plans for concept design discussions • Work task plan and schedule • Site survey • Identification of additional material testing and investigative demolition, if necessary Identification of applicable codes and standards and coordination of requirements with appropriate agencies Task 2: Concept Design After developing three preliminary design concept schemes, a second meeting will be held with city staff (PWA and PAAL) to review adjacencies, locations, and program adjustments. The first meeting with the Pacific Park Neighborhood Association will be held to introduce the design concepts to the group. Feedback from the group will be used to make adjustments to the design concepts. A Rough Order of Magnitude (ROM) cost estimate narrative will be de- veloped to establish Rough Order of Magnitude costs for the three design concept options. A second meeting with the Pacific Park Neighborhood Association will occur to review updates to the design concepts and determine a preferred direction. A third meeting with city staff will occur to select the final option. Once the final option is selected, the team will prepare a sub- mittal package of the selected concept to the Historic Resources Commission. DELIVERABLES: • Rendered concept drawings with 5 views for each of the 3 concepts (15 renderings) • Schematic level plans and elevations for review by the Historic Resources Commission • ROM Cost Estimate narrative Task 3: Design Development (50% Package) The Design Development phase will begin to develop the selected concept design option and begin the process of engineering and coordination of drawings within the design team. The selection process of materials, finishes, fixtures, and furnishings will begin at this stage. A meet- ing with city staff to review the 50% Design Development drawing and specification package along with an updated Cost Estimate will take place at the end of this phase. If Value -Engi- neering of the project is requested by the city, Additional Service fees will be submitted for re -design Ind re -engineering of the project. DELIVERABLES • 50% DID drawings and specifications • Outline of Project Manual • 50% DID Cost Estimate Task 4: Construction Documents (90%) We have split Task 4 into two components - completion of the Construction Documents to 90% and Agency Submission through Approvals. For Task 4.1 Construction Documents, a substantially complete package of drawings, specifica- tions, and cost estimate updates will be delivered to the city. A final review of the CD Package will take place with city staff (PWA & PAAL). DELIVERABLES: • 90% CD drawings and complete CD specifications • Updated Cost Estimate based on 90% CD package • Project Manual with all narratives and reports, including CASp report Task 4.2 Agency Submission through Approvals anticipates two rounds of plan check respons- es. Once the drawings are reviewed, cleared, and signed by city staff, a final For Construction Bid Set will be issued with all corrections and bidding instructions included. A Project Manual will be included with a summary of the work, sample construction schedule and other relevant information. DELIVERABLES: • For Construction Bid Set • Project Manual with all narratives, instructions, and reports Task 5: Bidding, Construction Administration, & Close -Out We anticipate 3 months for General Contractor Bidding on this project and a 12-month Con- struction period. Our team will provide the support to review Requests for Information and Submittals, and Architect will attend weekly Owner/Architect/ Contractor (OAC) meetings during the course of construction. The design team and client will provide a punch list near the end of construction. Following construction completion, we will work with the General Con- tractor to provide signed and stamped Record Drawings with all field changes during con- struction identified and included. ASSUMPTIONS: 1. The City will contract directly with a Geotechnical Engineer to provide a soils report for the project if needed. Architect and Structural Engineer can provide consultant recommen lotions if requested. 2. Fees for a topographic survey are included in this proposal. The following are assumed: • The City will provide a current title report of the property • The City will hire a subsurface utility locating company, if needed. • The site will be accessible and clear of all obstructions at the requested time of survey. • Lot Tie Agreement and Lot Line Adjustments are not included. • Legal description(s) and exhibit(s) for dedications/ easements are not included. • Sufficient survey monumentation will exist at the controlling major intersections and key locations of the underlying record maps. • A Record of Survey (boundary survey) to be filed is not included. • If either of the last two items are required, additional fees will be incurred. 3. The City will contract directly with an Environmental Consultant for CEQA requirements if required. Architect can provide consultant recommendations if requested. 4, If a Street Improvement Plan is required, additional fees will be incurred by Civil Engineer, Improvements to the actual vehicular street are not included. Per the RFP, improvements to the curb will be included. 5. As the interior of the building is open to the structure, it is not anticipated that addi- tional investigative demolition will be necessary. However, if that changes during the initial phases of the project, the team will notify the City and make the request in writing with reasons for the request. Section 2 i� EXHIBIT C ro Qry r O o F s ma m E 3 f U a N W LL M w 00 O O w m 'A O O ry o O m m m M0 m 0 o 0 o 0 p o w w - w 0 0 w 0 w 0 w 0 w w w 0 m '� o p 0 n o w 0 0 ,n m 0 F w o N o 0 o m v O O n O O ry O O o p m p 0 N � O � O ✓+ O 0 0 0 o a v o 0 N 0 a o o 0 N O N p p � p N m W p umi N W 0 to ry 00 00 0 tli O O O 0_ 0 p 0 N 0 m ry V N - O LD c U F q n W U F O H DeLeon, Rocio From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Tuesday, March 21, 2023 9:01 AM To: jen@dunbararchitecture.com; CertsDesignPro@AssuredPartners.com; DeLeon, Rocio; Furjanic, Suzi Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE C'EI Y STAFF: PRINT THIS PAGE AND INCLUDE %VI"rH %GRE E,NIF*NJ 10 THE CLERK OF THE COUNCIL Contractor Dunbar Architecture Name: Project TBD (012) Number: Project Consultant Agreement Between The City Of Santa Ana And Dunbar Name: Architecture For Design Services The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NAME NUMBER DATE City-of-Santa- Ana_Jen-Dunbaf- AUTOMOBILE LIABILITY 575BW3K9721 08/27/2023 02/08/2023 DBA_GHWP--- AIG- AIA-_2-8- 2023_1836562759.pdf City-of-Santa- Ana_Jen-Dunbar- GENERAL LIABILITY 575BWBK9721 08/27/2023 02/08/2023 DBA_GHWP--- AIG- AIA-_2-8- 2023_1836562759.pdf City -of -Santa - Ana Jen-Dunbar- PROFESSIONAL LIABILITY AES905786904 08/27/2023 03/20/2023 DBA_GHWP--- AIG- AIA-_3-20- 2023_1913332670.pdf WORKERS COMPENSATION AND 57WEGAD8TVW 09/06/2023 02/08/2023 City -of -Santa - EMPLOYERS' LIABILITY Ana Jen-Dunbar- TYPE OF INSURANCE POLICY EXPIRATION I CO, DATE FILE NAME NUMBER I DATE DBA_GAWP--- AIG- AIA-_2-8- 2023_1836562759.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 3/21/2023 12:00 PM From:City of Santa Ana To:Furjanic, Suzi; CertsDesignPro@AssuredPartners.com; jen@dunbararchitecture.com; DeLeon, Rocio Subject:Internal Notice of Compliance Date:Wednesday, August 16, 2023 9:38:31 AM NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Dunbar Architecture Name: Project A-2023-044 Number: ProjectConsultant Agreement Between The City Of Santa Ana And Name:Dunbar Architecture For Design Services The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICYEXPIRATION TYPE OF INSURANCECOI DATEFILE NAME NUMBERDATE City-of-Santa-Ana_Jen- AUTOMOBILEDunbar-DBA_GHWP-- 57SBWBK972108/27/202408/08/2023 LIABILITY-AIG-AIA-_8-8- 2023_719073783_1.pdf City-of-Santa-Ana_Jen- Dunbar-DBA_GHWP-- GENERAL LIABILITY57SBWBK972108/27/202408/08/2023 -AIG-AIA-_8-8- 2023_719073783_1.pdf City-of-Santa-Ana_Jen- PROFESSIONALDunbar-DBA_GHWP-- AES90699270508/27/202408/08/2023 LIABILITY-AIG-AIA-_8-8- 2023_719073783_1.pdf WORKERSCity-of-Santa-Ana_Jen- COMPENSATION ANDDunbar-DBA_GHWP-- 57WEGAD8TVW09/06/202408/08/2023 EMPLOYERS'-AIG-AIA-_8-8- LIABILITY2023_719073783_1.pdf 78/8/2025 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 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 NAME: Chris Romano AssuredPartners Design Professionals Insurance Services, LLC PHONE FAX 3697 Mt. Diablo Blvd Suite 230 A/C No Ext: 714-427-3489 (A/c,No): E-MLafayette CA 94549 ADDRESS: CertsDesignPro@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA: Hartford Casualty Insurance Company 29424 INSURED JENDUNB-01 INSURERB:Travelers Casualty and Surety Co of America 31194 Jen Dunbar DBA: Dunbar Architecture INSURERC: Hartford Underwriters Insurance Company 30104 4150 W. Riverside Dr., Suite 205 Burbank CA 91505 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1587399893 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD MM/DD C X COMMERCIAL GENERAL LIABILITY Y Y 57SBWBPlYEX 8/27/2025 8/27/2026 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 Included PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY� PECOT- LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y Y 57SBWBP1YEX 8/27/2025 8/27/2026 COMBINED SINGLE LIMIT $2,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED FIR ERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION Y 57WEGBJ5MG9 8/27/2025 8/27/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Professional Liability 108103582 8/27/2025 8/27/2026 Per Claim $2,000,000 Aggregate Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Insured owns no company vehicles;therefore,hired/non-owned auto is the maximum coverage that applies. Cypress Fire Station Rehabilitation The City of Santa Ana, its officers,officials,employees,and volunteers are named as additional insureds as respects general and auto liability as required per written contract. General and Auto Liability are Primary/Non-Contributory per policy form wording. CERTIFICATE HOLDER CANCELLATION 30 Day Notice of 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. Risk Management Division 20 Civic Center Plaza AUTHORIZEDt1k PRESENTATIVE Santa Ana CA 92702 1� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy# 57SBWBPlYEX THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. The following is added to Section C. WHO IS AN INSURED: Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE MAR FORD (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury"or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Paragraphs (d) or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any 'occurrence"which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; (b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for"bodily injury" or"property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD damage", or"personal and advertising injury" arises out of the rendering of or the failure to render any professional service. e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or"property damage" included within the "products-completed operations hazard". f. Any Other Party (1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above. Form SL 30 32 06 21 Page 3 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) Policy# 57SBWBPlYEX THE HARTFORD a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" is the Products-Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 57SBWBP1Y@x How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance required in a written contract, written agreement or permit; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all Form SL 00 00 10 18 Page 14 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured under this Coverage Part must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured under this Coverage Part must: (1) Immediately record the specifics of the claim or"suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured under this Coverage Part must see to it that we receive a written notice of the claim or"suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or"suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured under this Coverage Part, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with such additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured under this Coverage Part only when such "occurrence", offense, claim or"suit" is known to: Form SL 00 00 10 18 Page 15 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (1) You or any additional insured under this Coverage Part that is an individual; (2) Any partner, if you or an additional insured under this Coverage Part is a partnership; (3) Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4) Any"executive officer" or insurance manager, if you or an additional insured under this Coverage Part is a corporation; (5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity. This Paragraph f. applies separately to you and any additional insured under this Coverage Part. 3. Legal action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or"suit" is brought. 5. Representations a. When You Accept This Policy By accepting this Policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 6. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "your work"; Form SL 00 00 10 18 Page 16 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of"property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Form SL 00 00 10 18 Page 17 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THE HARTFORD If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto" does not include"mobile equipment". 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or Form SL 00 00 10 18 Page 18 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 57SBWBPl YEX THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. Amended Coverage: The following is added to Section A. COVERAGES: Coverage is extended to "bodily injury" and "property damage" arising out of the use of a "hired auto" or "non-owned auto". B. The following changes are made to Section B. EXCLUSIONS: 1. Exclusion g. Aircraft, Auto Or Watercraft does not apply to a "hired auto" or a "non-owned auto". 2. Exclusion e. Employer's Liability does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the insured under an "insured contract". 3. Exclusion f. Pollution is deleted and replaced by the following: (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants": (a) That are, or that are contained in any property that is: (i) Being transported or towed by, handled, or handled for movement into, onto or from, the covered "auto"; (ii) Otherwise in the course of transit by or on behalf of the "insured"; or (iii) Being stored, disposed of, treated or processed in or upon the covered "auto". (b) Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the insured for movement into or onto the covered "auto"; or (c) After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto"to the place where they are finally delivered, disposed of or abandoned by the insured. Paragraph (a) above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (i) The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by its manufacturer to hold, store, receive, or dispose of such "pollutants"; and (ii) The "bodily injury" and "property damage" does not arise out of the operation of any equipment listed in Paragraphs 15.f.(2) and 15.f.(3) of the definition of"mobile equipment". Paragraphs (b) and (c) above do not apply to accidents that occur away from premises owned by or rented to an "insured"with respect to"pollutants" not in or upon a covered "auto" if: (i) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (ii) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage as a result of the maintenance or use of a covered "auto". 4. The following exclusion is added: Fellow employee Coverage does not apply to "bodily injury" to any fellow "employee" of the insured arising out of the operation of an "auto" owned by the insured in the course of the fellow"employee's" employment. Form SL 30 26 10 18 Page 1 of 3 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD 5. The following exclusion is added: Care, Custody Or Control Coverage does not apply to "property damage" involving property owned or transported by the insured or in the insured's care, custody or control. C. With respect to "hired auto" and "non-owned auto" coverage, Section C. WHO IS AN INSURED is deleted and replaced by the following: 1. The following are insureds: a. You. b. Your"employee"while using with your permission: (1) An "auto" you hire or borrow; or (2) An "auto" you don't own, hire or borrow in your business or personal affairs; or (3) An "auto" hired or rented by your"employee" on your behalf and at your direction. c. Anyone else while using a "hired auto" or"non-owned auto" with your permission except: (1) The owner or anyone else from whom you hire or borrow an "auto". (2) Someone using an auto while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (3) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from an "auto". (4) A partner (if you are a partnership), or a member (if you are a limited liability company) for an "auto" owned by him or her or a member of his or her household. d. Anyone liable for the conduct of an insured described above but only to the extent of that liability. D. With respect to the operation of a "hired auto" or "non-owned auto" covered by this endorsement, the following changes are made to Section E. LIABILITY AND MEDICAL EXPENSES CONDITIONS: 1. The following condition is added: Other Insurance a. Except for any liability assumed under an "insured contract" the insurance provided by this endorsement is excess over any other collectible insurance. However, if your business is the selling, servicing, repairing, parking or storage of "autos", the insurance provided by this endorsement is primary when covered "bodily injury" or "property damage" arises out of the operation of a customer's "auto" by you or your"employee". b. When this endorsement and any other endorsement, coverage part, or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our endorsement bears to the total of the limits of all the endorsements, coverage parts, and policies covering on the same basis. 2. The following condition is added: Two Or More Coverage Parts, Endorsements, Or Policies Issued By Us If this endorsement and any other endorsement, coverage part or policy issued to you by us or any company affiliated with us apply to the same accident, the aggregate maximum Limit of Insurance under all the endorsements, coverage parts, or policies shall not exceed the highest applicable Limit of Insurance under any one endorsement, coverage part, or policy. This condition does not apply to any endorsement, coverage part, or policy issued by us or an affiliated company specifically to apply as excess insurance over this endorsement. Form SL 30 26 10 18 Page 2 of 3 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 15 THE HARTFORD 3. The following condition is added: Financial Responsibility Laws a. With respect to a "hired auto" or "non-owned auto" to which this insurance applies, when this endorsement is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by this endorsement for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to a "hired auto" or"non-owned auto" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. E. The following changes are made to Section F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS: 1. The following definition is added: "Hired auto" means any "auto"you lease, hire, rent or borrow. This does not include any auto you lease, hire, rent or borrow from any of your "employees", your partners (if you are a partnership), members (if you are a limited liability company)„ or your"executive officers" or members of their households. This does not include a long-term leased "auto" that you insure as an owned "auto" under any other auto liability insurance policy or a temporary substitute for an "auto" you own that is out of service because of its breakdown, repair, servicing or destruction. 2. The following definition is added: "Non-owned auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes: a. "Autos" owned by your "employees" your partners (if you are a partnership), members (if you are a limited liability company), or your "executive officers", or members of their households, but only while used in your business or your personal affairs. b. Customer's "auto"that is in your care, custody or control for service. Form SL 30 26 10 18 Page 3 of 3 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) R THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57WEGBJ5MG9 Endorsement Number: Effective Date:08/27/2025 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Jen Dunbar DBA: Dunbar Architecture 4150 W. Riverside Dr., Suite 205 Burbank, CA 91505 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us a Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Policy Expiration Date:08/27/2026