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HomeMy Public PortalAboutC-21-014 - TAFOYA & ASSOCIATES 2022 MAR 22 AMENDMENT NO. 1AMENDMENT NO. 1 TO PUBLIC WORKS AGREEMENT TIM AMENDMENT TO PUBLIC WORKS AGREEMENT ("Amendment") by and between the CITY OF CARSON, a California municipal corporation ("City") and TAFOYA & ASSOCIA TES, a California corporation ("Contractor") is effective as of the 2y day of , 2022. RECITALS A. City and Contractor entered into that certain Public Works Agreement dated January 26, 2021 ("Agreement") whereby Contractor agreed to provide City repair services for the underground storage tank located at City Hall for a term of one year and a total contract sum of $39,751. B. Due to additional work specified by the Los Angeles County Public Works Department that will be needed toward the repairs, Contractor needs additional monies and time to complete the additional repairs ("Additional Repairs") of the underground storage tank located at City Hall anticipated to cost $9,573, bringing the adjusted Contract Sum to $49,324. C. City and Contractor now desire to amend the Agreement to increase compensation by an additional $9,573 to cover the Additional Repairs for a total not -to -exceed contract sum of $49,324 and to extend the Agreement term by three (3) additional months to allow time to perform the Additional Repairs. TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text shown in bold italics, deleted text shown in ). as follows: A. Section 1.1, "Scope of Work," is hereby amended to read in its entirety "The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled Underground Storage Tank Repair Project, and shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation in connection with completion of the Additional Repairs (together, "Project"). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations. As used herein, "Bid Documents" refers to all of the documents included in the solicitation of bids for the Project, including but not limited to, the Request for Proposals, Invitation for Bids, Instructions to Bidders, Bid or Bid Proposal, Contract Documents, Special Provisions, Technical Provisions, Construction Plans, Standard Plans, Drawings, Reference Specifications, all applicable permit requirements, any addenda, any applicable Project Labor Agreement, and any other documents included, referenced, or incorporated therein. The Bid Documents are incorporated into this Agreement and made part hereof. In the event of any conflict 01007.0006/754717.1 - 1 - between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern." as follows: B. Section 2.1, "Contract Sum," is hereby amended to read in its entirety "Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor's Bid as well as the amount allotted for the Additional Repairs. The scope of services contained therein is attached hereto as Exhibit A and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation of an amount not to exceed • Forty Nine Hundred Twenty Four Dollars and Zero Cents ($49,324.00) ("C n Three trac Sum') forThosand completion of the work." C. Section 31, "Schedule of Performance; Term," is hereby amended to read in its entirety, as follows: "Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed prior to expiration of the term of this AgreemenT ;r; �A1 c�►n� ,t;� n a ,.,� ��� .L _ , . Time is of the essence. If the work is not completed within said time period, liquated damages shall apply. The term of this Agreement shall expire one (1) year and three (3) months following the Effective Date or upon City's acceptance of the Project, whichever occurs first." D. Section 5.5, "Performance and Payment Bonds," is hereby amended to read in its entirety, as follows: the following bonds: 'ontractor shall deliver to the City all of Concurrently with execution of this Agreement: (a) A performance bond securing the faithful performance of this Agreement with the exception of any work for Additional Repairs, in an amount of $39, 75l-net-1ess-thar, (b) A payment bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement with the exception of any work for Additional Repairs, in an amount of $39,751 this Agreement, as stated in Section 2.1. 0 On December 7, 2021 or as soon as practicable following such date but in no event later than the time Contractor commences work on the Additional Repairs: 01007.0006/754717.1 -2- follows: (a) A performance bond rider in an amount of $9,573 securing the faithful performance of the Additional Repairs. (b) A payment bond rider in an amount of $9,573 securing the payment of all persons furnishing labor and/or materials in connection with the work performed for the Additional Repairs. All bonds shall be on the applicable forms provided in Exhibit "C" and Exhibit "D" attached hereto and made part hereof. The bonds and bond riders shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds and bond riders shall be unconditional and remain in force during the entire term of the Agreement until released pursuant to Section 5.7 hereof." E. Section 5.7, "Release of Securities," is hereby amended to read in its entirety, as follows: "City shall release the performance bond and payment bond along with all bond riders when the following have occurred: (a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the Project has been accepted; and (c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the payment bond and any related bond rider until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law." F. Exhibit "A," "Contractors Bid," is hereby amended to read in its entirety as I. Contractor shall perform the Services for repair of the underground storage tank located at City Hall including and as described in the Bid Documents, including as detailed below: a Obtain permits as required with Los Angeles County Department of Public Works including all required notifications and reporting for each agency involved. All regulatory permit(s) or application fee(s) to be determined by Los Angeles County of Public Works. Provide drawings to Los Angeles Department of Public Works. The City of Carson will pay all permit fee(s). h Saw cut and break out next to the piping sump and trench to the east wall at the loading dock. Saw cut and break out next to the day tank inside the generator room. c Excavate to the existing piping and areas of new piping installation. - 3 - 01007.0006/754717.1 d Cut back the existing piping and remove the existing penetrations inside the piping sump. Sand and prepare surfaces inside sump to re -fiberglass and repair the sump at the existing entry locations. e Existing piping to be abandoned in place due to the piping being installed under the building. Los Angeles County Public Works requires a closure application and soil sampling to be performed every 20 feet. Rinse out the existing piping and slurry in place when completed. Triple rinse existing piping, removal and disposal of any hazardous materials and provide waste manifest. £ Install two (2) new OPW flexworks double wall flexible piping lines within OPW 4" inch access pipe/ducting from the piping sump to the east wall against the loading dock and terminate above grade. Install one (1) new OPW piping entry fitting in piping sump and connect piping to the underground storage tank (UST). g Install new black steel supply and return piping from termination location on the east wall and run piping up the loading dock and into the generator room along the wall/ground to the day tank location and tie piping into the existing day tank. h Perform and pass all required testing of piping both above and below ground as required by Los Angeles County Department of Public Works. i Install rebar and replace concrete to match existing texture and color. Remove existing diesel fill manway lid and spill bucket. Install new OPW 36 inch retrofit manway lid with one (1) new OPW five (5) gallon spill bucket. Install new overfill drop tube. Ensure all repairs are compatible and function with the existing Veeder - Root system and alarms. k Ensure all work is completed in accordance with California State Water Resources Control Board (SWRCB) and local Certified Unified Program Agency (CUPA) requirements. 1 Ensure all work is completed in accordance with applicable Occupational Safety and Health Admini,tration (OSHA) safety requirements. m. If sensors are removed from the secondary containment during repairs, ensure sensors are returned to the proper position before leaving the site. n Final inspection and post construction SB989 testing on all failed components from original testing performed August 24, 2020 after work is completed. a Complete all items in Project Scope and Specifications within 60 days, 01007.0006/754717.1 -4- Monday — Friday from issuance of permit by Los Angeles County Department of Public Works. p Sawcut and breakout concrete from existing piping containment sump to loading dock wall. Tunnel from loading dock wall to existing day tank area. Install double wall underground supply and return lines. Install rock guard to protect the new underground piping under loading dock from existing piping containment sump to existing day tank area with termination fittings. Backfill with existing excavated material, compact, and resurface to match surrounding area. Collectively, all work described in this Section shall be referred to herein as "Additional Repairs." 2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Contractor each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Contractor represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Contractor that, as of the date of this Amendment, Contractor is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. 5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. {SIGNATURES ON FOLLOWING PAGE] 01007.0006/754717.1 -5- IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first -above written. CITY: CITY OF CARSON, a municipal corporation Lula Davis Holmes, Mayor ATTEST: Dr. Khaleah K. Bradshaw, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney 11113 CONTRACTOR: die Tafoya Ti e: Secretary Address: 15471 Red Barn Court Chino Hills, CA 91709 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY TILE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -6- 01007.0006/754717.I IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first -above written. CITY: CITY OF CARSON •'cipal corporation ATTEST: 0 Dr. Khaleah K. Bradshaw, City C APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP L . Davis Holme Sunny K. Soltani, City Attorney [rji] CONTRACTOR: a. - . • die Tafoya Ti e: Secretary Address: 15471 Red Barn Court Chino Hills, CA 91709 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE Al l'LSTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR O1'HL+R RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. -6- 01007.0006/754717.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first -above written. CITY: CITY OF CARSON, a municipal corporation Lula Davis Holmes, Mayor ATTEST: Joy Simarago, Deputy City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [nll CONTRACTOR: TAFOYA & • OC ES By: By:: am Titl die Tafoya Ti e: Secretary Address: 15471 Red Barn Court Chino Hills, CA 91709 Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY I'HE BYLAWS, ARTICLES OF INCORPORATION, OR OI'Iii R RULES OR REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY. 01007.0006/754717.1 -6- 11111UU 1\ TAFOYA & ASSOCIATES UNDERGROUND TANK SERVICES January 7, 2021 City of Carson 701 East Carson Street Carson, CA 90745 Attn: Modesto Bolanos Re: Corporate Officer Certification Ms. Bolanos, 15471 Red Barn Court Chino Hills, California 91709-9107 Phone (909) 606-6322 Fax (909) 606-6324 State Lic. # A631479 Eddie Tafoya is both the president and secretary of the California Corporation of Tafoya & Associates, Inc. as shown below. Should you need any further information, please give me a call. Thank you. Sincere ar e" nyder Tafoya & Associates Eddie Tafo Eddie T ecretary "A" General Engineerl"Haz" Hazardous Substance Removal and Remedial Actions Certification INCREASE PENALTY RIDER BOND AMOUNT $39,751.00 BOND NO. CAC719321 To be attached and form a part of Bond No. CAC719321 dated the 10th Day of February, 2021, executed by Merchants Bonding Company (Mutual) as surety, on behalf of Tafoya & Associates, Inc. as current principal of record, and in favor of City of Carson, as Obligee for Underground Storage Tank Repair Project, RFP 20-031, and in the amount of Thirty Nine Thousand Seven Hundred Fifty One Dollars and 00/100 ($39,751.00). In consideration of the agreed premium charged for this bond, it is understood and agreed that Merchants Bonding Company (Mutual) hereby consents that effective from the 24th Day of January, 2022, said bond shall be amended as follows: THE BOND PENALTY SHALL BE INCREASED: FROM: Thirty Nine Thousand Seven Hundred Fifty One Dollars and 00/100 ($39,751.00) TO: Forty Nine Thousand Three Hundred Twenty Four Dollars and 00/100 ($49,324.00) The INCREASE of said bond penalty shall be effective as of the 24th Day of January, 2022, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 16th Day of ': rch, 2022 BY BY Tafoya & Associates, Inc. PRINCIPAL Merchants Bonding Company (Mutual) *©t�B CO'•• SURETY ,� ;�►O ��R . a aG -0-• 03* ers, ATTORNEY -IN -FACT •A 13 ; %.4%. `tea: CALIFORNIA ALL-PURPOSE ACKNOWLE T CIVIL CODE § 11 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On MAR 1 6 2022 before me, Melissa A. Lopez, Notary Public Date personally appeared Here Insert Name and Title of the Officer Christina Rogers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose names) is/ subscribed to the within instrument and acknowledged to me that Iresheatm executed the same in j/her/ authorized capacity(ips), and that by lj/her :, 4 signature(2) on the instrument the person(a), or the entity upon behalf of which the person(6) acted, executed the instrument. MELISSA A, LOPEZ Notary Public • California Orange County f Commission N 2363055 My Comm. Expires Jun 28, 2025 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici Signature OPTIONAL Signature .f , • ary 'u is Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: Corporate Officer — Title(s):. Partner — 0 Limited C' General L Individual Attomey in Fact .7 Trustee 0 Guardian or Conservator Other: Signer Is Representing: Signer'; Name: Corporate Officer — Title(s): Partner — _i Limited [3 General 0 Individual 0 Attomey in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1 800-87t 2 9 MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know AN Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the 'Companies') do hereby make, constitute and appoint. individually, CHRISTINA ROGERS their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings_ contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Surety Bond CAC719321 Principal: Tafoya & Associates, inc. Obligee: City of Carson This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof: 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretysh p obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed:' in connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the Slate of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 16th day of March, 2022. • .•at10Nq� G Q - 0- , % 2003 .....ii. .. ;;..?1' STATE OF IOWA ••... "'•'''• COUNTY OF DALLAS ss. On this 16th day of March 2022 , before me appeared Larry Taylor. to me personalty known, who be ng try me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING INC.: and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors, • „49 Co,1f.0 . #•••:.... -0- 1933 1433 By • POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING. INC. P Notary Public (Expiration of notary's commission does not invalidate this instrument) L Wiliam Warner_ Jr„ Secretary of kACRCr-!ANTS BONDING COMPANY (MUTUAL) and MERGr1ANT5 NATIONAL BONDING, INC.. C10 hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is stilt in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 16th day o(March, 2022 P S10hq� •• •. C© ..• •y _a_ ff r-:2 _o_ os ' v 2003 • e: � .. 1933 •: c: Sec:Mary ` oe.• .47b3. 4 % • ••••'•® 6 POA 0018 (1/20) MERCHANT BONDING COMPANY MERCI (ANTS BONDING COMPANY (MUTUAL) • P.O. BOX 14498 • DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 • FAX: (515) 243 3854 ADDENDUM TO BOND This Addendum is in reference to the bond(s) to which it is attached. Merchants Bonding Company (Mutual) ("Merchants") deems the digital or electronic image of Merchants' corporate seal below affixed to the bond(s) to the same extent as if a raised corporate seal was physically stamped or impressed upon the bond(s). The digital or electronic seal below shall have the same force and effect as though manually fixed to the bond(s). All terms of the bond(s) remain the same. Signed and effective March 23, 2020. MERCHANTS BONDING COMPANY (MUTUAL) Q • ••-.:= M: • -0- C: • • 1,y•• 1933 . By: Larry Taylor, President ACc'RD® �� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/09/22 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 TLC INSURANCE SERVICES INC 176 S Laurel Ave Brea, CA 92821 CONTACT NAME: (NCC.NN . Ext): (714)255-0422 FAX No): (714)255-0423 IL ADDRESS: glipkin@msn.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Crum & Forster Ins. Co. 42471 INSURED Tafoya & Associates, Inc. 15471 Red Barn Court Chino Hills, CA 91710 CA 91710 INSURERS: Homeland Insurance Co. 14231 INSURER C : INSURERD: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y SISIEIL70037311 04/05/20 04/05/22 EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE X OCCUR DAMAGE T RENTED PREMISESO(Ea occurrence) $ X Contractors MED EXP (Any one person) $ 5,000 Pollution PERSONAL&ADVINJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP/OP AGG $ 5,000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y SISIEXS60037382 04/05/20 04/05/22 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional Liability Claims Made Form SISIEIL70037311 04/05/20 04/05/22 Each Occ.: Gen. A gg• 5,000,000 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Carson, its elected and appointed officers, employees, volunteers and agents are added as Additional Insured to the General Liability but only as respects all covered operations of the Named Insured. Coverage is Primary & Non -Contributory and Waiver of Subrogation Wording Applies. * 10 day notice of cancellation for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION City of Carson 701 E Carson Street Carson, CA 90745 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ."1 a ..r t. A 0. 14, gi,:p....1014:Ao'N ACORD 25 (2016/03) © 1988-2015 ACURD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: SISIEIL70037311 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 © (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Insurance Services Office, Inc., 2012 Page 1 of 1 ISO CG 20–10-11-85 Copyright, Insurance Services Office, Inc. 1984 Policy Number SISIEIL70037311 Commercial General Liability NOTE: This Endorsement changes the Policy, please read this carefully. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This Endorsement modifies Insurance provided under the following: (a) Commercial General Liability Coverage (b) Contractors Pollution Liability Schedule Name of Person or Organization: (Blanket Where Required by Written Contract or Agreement ) (If no entry appears above information required to complete this endorsement in the declarations as applicable to this endorsement). Who is an insured (SECTION II) is amended to include as an insured the person or organization shown in the schedule but only with respect to liability arising out of your work for t hat insured by or for you. In respect to the above named additional insured(s), this insurance is primary insurance. Any other insurance maintained by the above-named additional insured(s) is excess and not contributing insurance with the insurance required hereunder. POLICY NUMBER: SISIEIL70037311 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT – CALIFORNIA This endorsement changes the policy to which it is attached and is effective on the date issed unless otherwise stated. (The following ‘clause’ need be completed only when this endor semnt is issued subsequent to preparation of the policy.) This endorsement, effective on ___04/05/21____ at 12:01 a.m. standard time, forms a part of Policy No. SISIEIL70037311 Endorsement No. 1 of the Insurance Company Issued to: Crum & Forster Ins. Co. Policy Expiration Date: Premium (if any): 04/05/22 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.) The additional premium for this endorsement shall be __n/a___% of the California General Liability premium otherwise due on such remuneration. SCHEDULE RE: (Blanket Where Required by Written Contract of Agreement) GL 04 03 06 (Ed. 04/84) 8/10/2021 C R Stelling Insurance 631 E. Foothill Blvd. Monrovia CA 91016 Robyn Mee (626)359-6626 (626)359-6444 robyn@crstelling.com Tafoya & Associates 15471 Red Barn Court Chino Hills CA 91709 StarNet Insurance Company Wesco Insurance Company CL2133106395 B x x x X WPP1922349 7/18/2021 7/18/2022 1,000,000 A BNUWC0140097 4/1/2021 4/1/2022 X 1,000,000 1,000,000 1,000,000 City of Carson, its elected and appointed officers, employees, volunteers and agents are additional insureds with respects to Commercial Auto ; Waiver of Subrogation to apply only when required by written contract with Named Insured (form WC 04 03 06) Exception to days notice; 10 days notice of cancellation for non-payment of premium. City of Carson 701 E Carson Street Carson, CA 90745 Robyn Mee/ADMIN The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: 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 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) POLICY NUMBER: BNUWC0140097 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (Blanket) 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 0.020000 / of the California workers' compensation premium otherwise due on such remuneration. Schedule State CA Description Any party with whom the insured agrees to waive subrogation in a written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date: Insured Name: Tafoya and Associates Policy Number: BNUWC0140097 Endorsement No.: Countersigned By Insurance Company: StarNet Insurance Company Policy Number: WPP1922349 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed Organizations, Employee Hired Car Liability and Blanket Additional Insured Status for Certain Entities. Item 1. Who is an Insured of Paragraph A. Coverage under SECTION 11— COVERED AUTOS LIABILITY COVERAGE is amended to add: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership of a majority interest (greater than 50%), will qualify as a Named Insured; however, (1) coverage under this provision is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) coverage does not apply to "bodily injury", "property damage" or "covered pollution cost or expense" that results from an "accident" which occurred before you acquired or formed the organization; and coverage does not apply if there is other similar insurance available to that organization, or if similar insurance would have been available but for its termination or the exhaustion of its limits of insurance. This insurance does not apply if coverage for the newly acquired or formed organization is excluded either by the provisions of this coverage foram or by endorsement. (3) e. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. f. Any person or organization you are required by written contract or agreement to name as an additional "insured", but only with respect to liability created in whole or in part by such agreement. B. Increase Of Loss Earnings Payment Subpart (4) of a. Supplementary Payments of Item 2. Coverage Extensions of Paragraph A. Coverage under SECTION 11 — COVERED AUTOS LIABILITY COVERAGE is amended to read: (4) We will pay reasonable expenses incurred by the "insured" at our request, including actual loss of eamings up to $1,000 per day because of time off from work. C. Fellow Employee Injured By Covered Auto You Own Or Hire Item 5. Fellow Employee of Paragraph B. Exclusions under SECTION 11— COVERED AUTOS LIABILITY COVERAGE is amended to add: This exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. Such coverage as is afforded by this provision is excess over any other collectible insurance. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Used with permission Page 1 of 5 D. Limited Automatic Towing Coverage Item 2. Towing, of Paragraph A. Coverage, under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to read: 2. Towing We will pay for towing and labor costs each time that a covered "auto" is disabled. All labor must be performed at the place of disablement of the covered "auto". a. The limit for towing and labor for each disablement is $500; b. No deductible applies to this cover- age. E. Item 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects or Missiles of Paragraph A. Coverage under SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to add: Glass Repair Coverage We will waive the Comprehensive deductible for Glass, if one is indicated on your covered "auto", for glass repairs. We will repair at no cost to you, any glass that can be repaired without replacement, provided the "loss" arises from a covered Comprehensive "loss" to your "auto". F. Increase Of Transportation Expense Coverage Subpart a. Transportation Expenses of Item 4. Coverage Extensions of Paragraph A. Coverage under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to read: a. Transportation Expenses We will pay up to $50 per daytoa maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is retumed to use or we pay for its "loss". G. "Personal Effects" Coverage Item 4. Coverage Extensions of Paragraph A. Coverage, under SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to add: "Personal Effects" Coverage We will pay actual cash value for "loss" to "personal effects" of the "insured" while in a covered "auto" subject to a maximum limit of $2,500 per "loss", for that covered "auto" caused by the same "accident". No deductible will apply to this coverage. H. "Downtime Loss" Coverage Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION III. PHYSICAL DAMAGE COVERAGE, is amended to add: "Downtime Loss" Coverage We will pay any resulting "downtime loss" expenses you sustain as a result of a covered physical damage "loss" to a covered "auto" up to a maximum of $100 per day, for a maximum of 30 days for the same physical damage "loss", subject to the following conditions: a. We will provide "downtime loss" beginning on the 5'h day after we have given you our agreement to pay for repairs to a covered "auto" and you have given the repair facility your authorization to make repairs; b. Coverage for "downtime loss" expenses will end when any of the following occur: (1) You have a spare or reserve "auto" available to you to continue your operations. (2) You purchase a replacement "auto". (3) Repairs to your covered "auto" have been completed by the repair facility and they determine the covered "auto" is road -worthy. (4) You reach the 30 day maximum coverage. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission I. Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION III. PHYSICAL DAMAGE COVERAGE, is amended to add: We will pay any resulting rental reimbursement expenses incurred by you for a rental of an "auto" because of "loss" to a covered "auto" up to a maximum of $100 per day, for a maximum of 30 days for the same physical damage "loss", subject to the following conditions: a. We will provide rental reimbursement incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy expiration, with the number of days reasonably required to repair or replace the covered "auto". If the "loss" is caused by theft, this number of days is the number of days it takes to locate the covered "auto" and return it to you or the number of days it takes for the claim to be settled, whichever comes first. b. Our payment is limited to necessary and actual expenses incurred. c. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. d. If a "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. J. "Personal Effects" Exclusion Paragraph B. Exclusions under SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to add: "Personal Effects" Exclusion We will not pay for "loss" to "personal effects" of any of the following: a. Accounts, bills, currency, deeds, evidence of debt, money, notes, securities or commercial paper or other documents of value. b. Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry; watches; precious or semi-precious stones. c. Paintings, statuary and other works of art. d. Contraband or property in the course of illegal transportation or trade. e. "Loss" caused by theft, unless there is evidence of forced entry into the covered "auto" and a police report is filed. K. Accidental Airbag Discharge Coverage Item 3.a. of Paragraph B. Exclusions under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to read: a. Wear and tear, freezing, mechanical or electrical breakdown. The exclusion relating to mechanical break -down does not apply to the accidental discharge of an air bag. L. Loan or Lease Gap Coverage Paragraph C. Limit Of Insurance under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on it, we will pay, in the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by the lessor; and Carry-over balances from previous loans or leases (3) (5) CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of 5 Used with permission M. Aggregate Deductible Paragraph D. Deductible under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: Regardless of the number of covered "autos" involved in the same "loss", only one deductible will apply to that "loss". If the deductible amounts vary by "autos", then only the highest applicable deductible will apply to that "loss". N. Diminishing Deductible Paragraph D. Deductible under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: Any deductible will be reduced by the percentage indicated below on the first "loss" reported during the corresponding policy period: Loss Free Policy Periods With the Expansion Endorsement Deductible Reduction on the first "loss" 1 0% 2 25% 3 50% 4 75% 5 100% If we pay a Physical Damage "loss" during the policy period under any BUSINESS AUTO COVERAGE FORM you have with us, your deductible stated in the Declarations page of each such COVERAGE FORM will not be reduced on any subsequent claims during the remainder of your policy period and your deductible reduction will revert back to 0% for each such COVERAGE FORM if coverage is renewed. O. Knowledge of Loss and Notice To Us Subsection a. of Item 2. Duties In the Event of Accident, Claim, Suit or Loss of Paragraph A. Loss Conditions under SECTION IV -- BUSINESS AUTO CONDITIONS is amended to add: However, prompt notice of the "accident", claim, "suit" or "loss" to us or our authorized representative only applies after the "accident", claim, "suit" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An "executive officer" or director, if you are a corporation; (4) A manager or member, if you are a limited liability company; (5) Your insurance manager; or (6) Your legal representative. P. Waiver Of Subrogation For Auto Liability Losses Assumed Under Insured Contract Item 5. Transfer Of Rights Of Recovery Against Others To Us of Paragraph A. Loss Conditions under SECTION IV — BUSINESS AUTO CONDITIONS is amended to read: 5. Transfer of Rights of Recovery Against Others To Us If any person or organization to or for whom we make payments under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after an "accident" or "loss" to impair them. However, if the insured has waived those rights to recover through a written contract, we will waive any right to recovery we may have under this Coverage Form. Q. Insurance is Primary and Noncontributory Subpart a. of Item 5. Other Insurance of Paragraph B. General Conditions under SECTION IV — BUSINESS AUTO CONDITIONS is amended to read: a. This insurance is primary and noncontributory, as respects any other insurance, if required in a written contract with you. R. Other Insurance — Hired Auto Physical Damage Subpart b. of Item 5..Other Insurance of Paragraph B. General Conditions under SECTION IV — BUSINESS AUTO CONDITIONS is amended to read: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "autoTM. S. Unintentional Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV— BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V — DEFINITIONS is amended to add: "Personal effects" means personal property owned by the "insured". 'Downtime loss" means actual loss of "business income" for the period of time that a covered "auto": 1. Is out of service for repair or replacement as a result of a covered physical damage "loss" and 2. Is in the custody of a repair facility if not a total "loss". "Business Income" means: 1. Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Used with permission Page 5 of 5