Loading...
HomeMy WebLinkAboutHoch Consulting APC; 2022-11-10; PSA23-1990TRANPSA23-1990TRAN City Attorney Approved Version 8/2/2022 1 AGREEMENT FOR AUDIT ENGINEERING SERVICES FOR LENNAR POINSETTIA LANE REIMBURSEMENT AGREEMENT HOCH CONSULTING, APC THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 2022, by and between the City of Carlsbad, a municipal corporation, ("City"), and Hoch Consulting, APC, a California corporation, ("Contractor"). RECITALS A.City requires the professional services of a consultant that is experienced inauditing engineering agreement services. B.Contractor has the necessary experience in providing professional services andadvice related to audit engineer support services. C.Contractor has submitted a proposal to City and has affirmed its willingness andability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORKCity retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference inaccordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCEWhile performing the Services, Contractor will exercise the reasonable professional care and skillcustomarily exercised by reputable members of Contractor's profession practicing in theMetropolitan Southern California Area, and will use reasonable diligence and best judgment whileexercising its professional skill and expertise. 3.TERMThe term of this Agreement will be effective for a period of sixty (60) days from the date first abovewritten. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will betwenty-six thousand nine hundred dollars ($26,900). No other compensation for the Services willbe allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/orServices specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor andin pursuit of Contractor's independent calling, and not as an employee of City. Contractor will beunder control of City only as to the result to be accomplished, but will consult with City as DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 10th November PSA23-1990TRAN City Attorney Approved Version 8/2/2022 2 necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemploymentpayment or workers' compensation payment which City may be required to make on behalf ofContractor or any agent, employee, or subcontractor of Contractor for work done under thisAgreement. At the City’s election, City may deduct the indemnification amount from any balanceowing to Contractor. 7.SUBCONTRACTINGContractor will not subcontract any portion of the Services without prior written approval of City.If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for theacts and omissions of Contractor's subcontractor and of the persons either directly or indirectlyemployed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractualrelationship between any subcontractor of Contractor and City. Contractor will be responsible forpayment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specificallynoted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORSThe City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATIONContractor agrees to indemnify and hold harmless the City and its officers, officials, employeesand volunteers from and against all claims, damages, losses and expenses including attorneysfees arising out of the performance of the work described herein caused by any negligence,recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly orindirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10.INSURANCEContractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which mayarise out of or in connection with performance of the services by Contractor or Contractor’sagents, representatives, employees or subcontractors. The insurance will be obtained from aninsurance carrier admitted and authorized to do business in the State of California. The insurancecarrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplusline insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed bythe National Association of Insurance Commissioners (NAIC) latest quarterly listings report. DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 PSA23-1990TRAN City Attorney Approved Version 8/2/2022 3 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 PSA23-1990TRAN City Attorney Approved Version 8/2/2022 4 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS LICENSEContractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12.ACCOUNTING RECORDSContractor will maintain complete and accurate records with respect to costs incurred under thisAgreement. All records will be clearly identifiable. Contractor will allow a representative of Cityduring normal business hours to examine, audit, and make transcripts or copies of records andany other documents created pursuant to this Agreement. Contractor will allow inspection of allwork, data, documents, proceedings, and activities related to the Agreement for a period of three(3) years from the date of final payment under this Agreement. 13.OWNERSHIP OF DOCUMENTSAll work product produced by Contractor or its agents, employees, and subcontractors pursuantto this Agreement is the property of City. In the event this Agreement is terminated, all workproduct produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copyof the work product for Contractor’s records. 14.COPYRIGHTSContractor agrees that all copyrights that arise from the services will be vested in City andContractor relinquishes all claims to the copyrights in favor of City. 15.NOTICESThe name of the persons who are authorized to give written notice or to receive written notice onbehalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Esther Lan Name Kyrsten Burr Title Management Analyst Title Project Manager Department Public Works Address 804 Pier View Way, Suite 100 City of Carlsbad Oceanside, California 92054 Address 1635 Faraday Ave Phone No. 858-922-7998 Carlsbad, CA 92008 Email burr@hochconsulting.com Phone No. 442-339-2419 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. /// /// /// DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 PSA23-1990TRAN City Attorney Approved Version 8/2/2022 5 16.CONFLICT OF INTERESTContractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall reportinvestments or interests in all categories. Yes No 17.GENERAL COMPLIANCE WITH LAWSContractor will keep fully informed of federal, state and local laws and ordinances and regulationswhich in any manner affect those employed by Contractor, or in any way affect the performanceof the Services by Contractor. Contractor will at all times observe and comply with these laws,ordinances, and regulations and will be responsible for the compliance of Contractor's serviceswith all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18.DISCRIMINATION AND HARASSMENT PROHIBITEDContractor will comply with all applicable local, state and federal laws and regulations prohibitingdiscrimination and harassment. 19.DISPUTE RESOLUTIONIf a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreementbetween the parties. Representatives of Contractor or City will reduce such questions, and theirrespective views, to writing. A copy of such documented dispute will be forwarded to both partiesinvolved along with recommended methods of resolution, which would be of benefit to bothparties. The representative receiving the letter will reply to the letter along with a recommendedmethod of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactoryto the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. TheCity Manager will consider the facts and solutions recommended by each party and may then optto direct a solution to the problem. In such cases, the action of the City Manager will be bindingupon the parties involved, although nothing in this procedure will prohibit the parties from seekingremedies available to them at law. 20.TERMINATIONIn the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of thetermination. If City decides to abandon or indefinitely postpone the work or services contemplatedby this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents ownedby City and all work in progress to City address contained in this Agreement. City will make adetermination of fact based upon the work product delivered to City and of the percentage of workthat Contractor has performed which is usable and of worth to City in having the Agreementcompleted. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 □ PSA23-1990TRAN City Attorney Approved Version 8/2/2022 6 Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, otherthan a bona fide employee working for Contractor, to solicit or secure this Agreement, and thatContractor has not paid or agreed to pay any company or person, other than a bona fideemployee, any fee, commission, percentage, brokerage fee, gift, or any other considerationcontingent upon, or resulting from, the award or making of this Agreement. For breach or violationof this warranty, City will have the right to annul this Agreement without liability, or, in its discretion,to deduct from the Agreement price or consideration, or otherwise recover, the full amount of thefee, commission, percentage, brokerage fees, gift, or contingent fee. 22.CLAIMS AND LAWSUITSBy signing this Agreement, Contractor agrees that any Agreement claim submitted to City mustbe asserted as part of the Agreement process as set forth in this Agreement and not in anticipationof litigation or in conjunction with litigation. Contractor acknowledges that if a false claim issubmitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.,the False Claims Act applies to this Agreement and, provides for civil penalties where a personknowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity ofinformation. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled torecover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result ofwhich Contractor may be prevented to act as a Contractor on any public work or improvement fora period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction isgrounds for City to terminate this Agreement. 23.JURISDICTION AND VENUEAny action at law or in equity brought by either of the parties for the purpose of enforcing a rightor rights provided for by this Agreement will be tried in a court of competent jurisdiction in theCounty of San Diego, State of California, and the parties waive all provisions of law providing fora change of venue in these proceedings to any other county. 24.SUCCESSORS AND ASSIGNSIt is mutually understood and agreed that this Agreement will be binding upon City and Contractorand their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, whichshall not be unreasonably withheld. 25.ENTIRE AGREEMENTThis Agreement, together with any other written document referred to or contemplated by it, alongwith the purchase order for this Agreement and its provisions, embody the entire Agreement andunderstanding between the parties relating to the subject matter of it. In case of conflict, the termsof the Agreement supersede the purchase order. Neither this Agreement nor any of its provisionsmay be amended, modified, waived or discharged except in a writing signed by both parties. DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 PSA23-1990TRAN City Attorney Approved Version 8/2/2022 7 26.AUTHORITYThe individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authorityto bind Contractor to the terms and conditions of this Agreement. CITY OF CARLSBAD, a municipal corporation of the State of California CONTRACTOR HOCH CONSULTING, APC, a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Adam Hoch, President & Secretary (print name/title) By: (sign here) (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 . Hoch Consulting 804 Pier View Way, Suite 100 Oceanside, CA 92054 (tel.) 858-922-7998 kburr@hochconsulting.com www.hochconsulting.com September 8, 2022 Ms. Esther Lan Management Analyst City of Carlsbad Public Works -Transportation Carlsbad, CA 92008 Via Email: esther.Ian@carlsbadca.gov Subject: Revised Letter proposal – Audit Engineering Services for Lennar Poinsettia Lane Reimbursement Agreement Dear Mr. Zielke: Thank you for inviting Hoch Consulting (Hoch) to submit this proposal to provide auditing engineer consulting support to the City of Carlsbad. Hoch understands that the City is expecting Lennar Homes to submit a reimbursement request(s) by the end of August for the approximately $13.3 million in construction work performed in the City’s right of way, as described in the Reimbursement Agreement which was provided to us. We understand that the City intends to respond to the request within 60 days of receiving the reimbursement request(s) from the Developer. Based on our discussion, we propose the following scope of services, deliverables, schedule, and fee. PROPOSED SCOPE OF WORK: Task A: Review of Reimbursement Agreement between Lennar Homes and City of Carlsbad; Review Reimbursement Request(s) provided by Developer to ensure submitted backup documentation is complete per Section 7b of Reimbursement Agreement. i. signed construction contract(s) and approved change orders ii letters from Developer certifying construction contractor etc. have applied with labor code iii. Spreadsheet showing eligible/ineligible costs by contractor, vendor, unit price, etc. for each reimbursement request iv. Copies of invoices, vouchers, canceled checks of other evidence of payment v. Copies of quantity vouchers/certs approved by project inspector vi. Reimbursable expense itemized breakdown vii. Final reimbursement request of retained increment, NOC, final mechanics lien releases, as build plans, etc. PSA23-1990TRAN Exhibit "A" DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 Page 2 of 4 Task B: Review Reimbursement Request(s) summary Excel spreadsheets and backup documentation provided by Developer, per specifications included in Section 4 of the Reimbursement Agreement; Verify all costs included in request for reimbursement are eligible and no double payments are made by Developer. Task C: Prepare draft and final Audit Reports with supporting documentation packet, recommendation of acceptance, and specifying items/amounts not recommended for approval. Optional Task: Per Section 3, “General Developer Obligations” of Reimbursement Agreement, Hoch Consulting is available to review contracts, bid documents, advertising requirements, land other requirements stipulated under to ensure procedures and requirements were met by Developer and contractors. DELIVERABLES: ·Added column to Reimbursement Request Summary Excel spreadsheet (or some other agreed upon documentation format) with status of packet completeness - ex) backup documentation provided, not included in packet, sufficient, insufficient, etc. ·Added column to Reimbursement Request Summary Excel Spreadsheet (or some other agreed upon documentation format) with comment on validity of reimbursement request by line item - ex) valid /not valid ·Draft Audit Report for City review and comment ·Final Audit Report with Engineer’s license and signature SCHEDULE: Per Section 7d for the Reimbursement Agreement, the Audit Engineer must submit an Audit Report within 60 days of Developer's submittal of all reimbursement requests. To follow is a proposed schedule to meet that timeline. PSA23-1990TRAN Exhibit "A"(cont'd) DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 Page 3 of 4 Proposed Schedule Description of Work # of Days Day # (1-60) Completion / End Date 1 Receive Developer Reimbursement Request(s) from City* 1 1 9/15/2022 2 Kick off Meeting with City and Lennar 1 1 9/15/2022 3 Review of Developer submittal for completeness** 6 2-7 9/21/2022 4 Review documentation and prepare Draft Audit Report 22 8-30 10/13/2022 5 Draft Audit Report to City for preliminary review/comment 5 31-35 10/18/2022 6 Incorporate City Comment and Prepare Final Audit Report 6 36-41 10/24/2022 7 Submit Final Audit Report to City 1 42 10/25/2022 8 City Review (5 days for Public Works Trans. + CM & Inspection 5 43-47 10/30/2022 9 Final Date to respond to Developer & City of Carlsbad Finance Dept to pay out 10 48-56 11/09/2022 10 Contingency 3 57-60 11/12/2022 * Assumed date on which Developer submits reimbursement request. ** City will be performing simultaneous view for completeness. If Audit Engineer and City deem submittal complete, proceed with schedule. If not, return to Step 2. If deemed incomplete, 60-day clock will be paused until submittal is deemed complete. FEE: Hoch Consulting proposes to perform the scope of services on a time and materials basis not to exceed $26,900 as detailed in the table below. Because the extent of invoices, vouchers, receipts included in the Developer’s Reimbursement Request(s) is unknown to us at this time, associated time requirements to perform a review/audit of those backup documents is difficult to estimate. This time and material, not to exceed fee is therefore based upon an estimate that there will be 10 invoices included in the reimbursement packet(s). Adjustments to this estimate may be required should the actual number of invoices vary from that. HOURS/ NTE Fee Proposal Hours Total Hours Hourly Rate Fee Estimate TASK: A B C Optional Task Principal Engineer 0 5 8 4 17 $ 210 $ 3,570 Principal Project Manager 6 8 15 29 $ 200 $ 5,800 Senior Water Resources Specialist 4 22 20 46 $ 170 $ 7,820 Senior Management Analyst 10 30 10 50 $ 145 $ 7,250 Project Engineer 15 15 $ 170 $ 2,550 Total 20 65 53 19 157 $ 26,990 PSA23-1990TRAN Exhibit "A"(cont'd) DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 Page 4 of 4 We greatly appreciate this opportunity to work with the City. If you have any questions about this proposal, please do not hesitate to contact me. Sincerely, HOCH CONSULTING Kyrsten Burr Principal Project Manager CC. via email: Hossein Ajideh; Adam Hoch PSA23-1990TRAN Exhibit "A"(cont'd) DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 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 RENTEDEACH 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 PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION 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-OWNEDAUTOSAUTOS 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 PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE 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. 6/3/2022 Champion Risk & Insurance Services, L.P.12250 El Camino Real, Ste 375San Diego CA 92130 858 369 7900 760 496 2816 certsonly@championrisk.net Continental Casualty Co HOCHC-1 CNA Insurance CompaniesHoch Consulting APC804 Pier View Way, Suite 100Oceanside CA 92054 Hartford Property and Casualty 34690 184347150 A X 2,000,000 X 300,000 10,000 2,000,000 4,000,000 X Y Y B6074671505 4/28/2022 4/28/2023 4,000,000 B 1,000,000 X XX Y Y BUA7014679091 2/13/2022 2/13/2023 A X X 3,000,000YY60746715194/28/2022 4/28/2023 C Y Y 72WECAN3L1T 9/28/2021 9/28/2022 X 1,000,000 1,000,000 1,000,000 A Professional liablity05-15-2013 retro date MCH288376343 5/15/2022 5/15/2023 each claimaggregate 2,000,0002,000,000 The City of Carlsbad as an additional insured. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta, CA 92564 20443 20508 The City of Carlsbad/CMWD are named as additional insureds with endorsements for Primary/Non-Contributory coverage and Waiver of Subrogation in theirfavor. 30 day notice of cancellation applies. This insurance applies to all projects with the City. DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I POLICY NUMBER: B6074671505DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 ;;;;;;;;;;;;;;; --!!!!!!!!!!!!! - SB-146968-A31 (Ed. 01/06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C) of the Businessowners Liability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE DEFINITIONS -"Insured Contract" (Section F .9) within the Businessowners Liability Coverage Form, does not apply to "bodily injury" or "property damage" arising out of the "products-completed operations hazard" unless required by the written contract or written agreement. SB-146968-A31 (Ed. 01/06) 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, superv1s1on, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 5. This insurance does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: a. The construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. C. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS -Duties In The Event of Occurrence, Offense, Claim or Suit (Section E.2) of the Businessowners Liability Coverage Form is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; Page 1 of 2 (Version 1.0) DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 2. Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; 3. Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part;and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. D. OTHER INSURANCE (Section H. 2 & 3) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other valid and collectible insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other valid and collectible insurance to which the additional insured has been added as an additional insured by endorsement. 3. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured SB-146968-A31 (Ed. 01/06) S B-146968-A31 (Ed. 01/06) against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other valid and collectible insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) 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 valid and collectible 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. E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2) of the Businessowners Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products- completed operations hazard." Page 2 of 2 (Version 1.0) SB-300120-C Page 1 of 1 (Ed. 06/11) SB-300120-C (Ed. 06/11) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION - WITH PRODUCTS COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM SCHEDULE* Name Of Person Or Organization: * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. A.The following is added to Paragraph C. Who Is An Insured: 4.Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury," caused, in whole or in part, by: a.Your acts or omissions; or b.The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s); at the location(s) designated above; or c."Your work" that is included in the "products-completed operations hazard" and performed for the additional insured, but only if this Policy provides such coverage, and only if the written contract or written agreement requires you to provide the additional insured such coverage. B.The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: 1.The rendering of, or the failure to render any professional architectural, engineering, or surveying services, including: (a)The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (b)Supervisory, inspection, architectural or engineering activities. 2."Bodily Injury," "property damage," or "personal and advertising injury" arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Policy. C.The following is added to Paragraph H. of the Businessowners Common Policy Conditions: H. Other Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947 Murrieta, CA 92564 32/,&<180%(5%74671505DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 C'NA POLICY NUMBER B 6074671505 INSUREDNAMEANDADDRESS HochConsulting 1JFS7JFX8BZ4UF 0DFBOTJEF $" POLICYCHANGES ENDORSEMENTEFFECTIVE0//202 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. The following Form(s) has (have) been amended: Form #: SB147052C Title: NOTICE OF CANCELLATION ThefollowingNamehasbeenaddedtothisform: THE CITY OF CARLSBAD/CMWD G-56015-B (ED. 11/91) DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 iiiiiiii -iiiiiiii !!!!!!!!!!!!!!! = ----- ~?-a- Secretary 3ROLF\1R%8$ 3ROLF\(IIHFWLYH'DWH2 3ROLF\3DJHRI Form No: CNA72315XX (04-2019) Endorsement Effective Date:  Endorsement No:; Page:  of  Underwriting Company: 9DOOH\)RUJH,QVXUDQFH&RPSDQ\1)UDQNOLQ6W&KLFDJR,/ © Copyright CNA All Rights Reserved. It is understood and agreed that this endorsement amends the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM In the event of cancellation or material change that reduces or restricts the insurance provided by this Coverage Form, we agree to send prior notice of cancellation or material change to the person or organization scheduled below at the address scheduled below. This endorsement does not amend our obligation to notify the Named Insured of cancellation as described in the Common Policy Conditions or in another endorsement attached to this policy. SCHEDULE 1. Number of days advance notice:  Days if we cancel for non-payment of premium. Days if the policy is cancelled for any other reason, or if coverage is restricted or reduced by endorsement. 2. Person or Organization’s Name and Address Name: The City of Carlsbad/CMWD Attention: c/o EXIGIS Insurance Compliance Services Street Address: PO Box 947 City, State, ZIP: Murrieta, CA 92564 e-mail address: All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. NOTICE OF CANCELLATION OR MATERIAL CHANGE – DESIGNATED PERSON OR ORGANIZATION DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 CNA [I Business Auto Policy Policy Endorsement Business Auto Policy Policy Endorsement EXTENDED COVERAGE ENDORSEMENT - BA PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I.LIABILTY COVERAGE A.Who Is An Insured The following is added to SECTION II, Paragraph A.1., Who Is An Insured: 1.a.Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b.The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability policy providing auto coverage. 2.Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a.Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b.Does not apply to: (1)Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2)Any such organization that is an insured under any other liability policy providing auto coverage. 3.Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4.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. Policy, as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1.Which are no longer in force; or 2.Whose limits have been exhausted. B.Bail Bonds and Loss of Earnings SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1.In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2.In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C.Fellow Employee SECTION II, Paragraph B.5 does not apply. Endorsement No: 15; Page: 1 of 5 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: BUA 7014679091 Policy Effective Date: 02/13/2022 Policy Page: 67 of 79 Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 CNA II Business Auto Policy Policy Endorsement Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II.PHYSICAL DAMAGE COVERAGE A.Towing SECTION III. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B.Glass Breakage – Hitting A Bird Or Animal – Falling Objects Or Missiles The following is added to SECTION III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C.Transportation Expenses SECTION III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a.$60 per day, in lieu of $20; subject to b.$1,800 maximum, in lieu of $600. D.Loss of Use Expenses SECTION III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a.$1,000 maximum, in lieu of $600. E.Personal Property The following is added to SECTION III, Paragraph A.4. c.We will pay up to $500 for loss to Personal Property which is: (1)Owned by an insured; and (2)In or on the covered auto. This coverage applies only in the event of a total theft of your covered auto. This insurance is excess over any other collectible insurance and no deductible applies. F.Rental Reimbursement The following is added to SECTION III, Paragraph A.4.: d.We will pay for rental reimbursement expenses incurred by you for the rental of an auto because of loss to a covered auto. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered auto. No deductibles apply to this coverage. 1.We will pay only for those expenses incurred during the policy period beginning 24 hours after the loss and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a)The number of days reasonably required to repair or replace the covered auto; or, (b)15 days. 2.Our payment is limited to the lesser of the following amounts: (a)Necessary and actual expenses incurred; or, (b)$25 per day subject to a maximum of $375. Endorsement No: 15; Page: 2 of 5 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: BUA 7014679091 Policy Effective Date: 02/13/2022 Policy Page: 68 of 79 Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 CNA Business Auto Policy Policy Endorsement a. b. c. d. e. 3.This coverage does not apply while there are spare or reserve autos available to you for your operations. 4.If 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. G.Hired “Autos” The following is added to SECTION III. Paragraph A.: 5.Hired Autos If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: Any covered auto you lease, hire, rent or borrow without a driver; and Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned autos. Such physical damage coverage for hired autos will: (1)Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2)Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per accident. H.Airbag Coverage The following is added to SECTION III, Paragraph B.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. I.Electronic Equipment SECTION III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c.Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d.A $100 per occurrence deductible applies to the coverage provided by this provision. J.Diminution In Value The following is added to SECTION III, Paragraph B.6. Subject to the following, the diminution in value exclusion does not apply to: a.Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and Endorsement No: 15; Page: 3 of 5 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: BUA 7014679091 Policy Effective Date: 02/13/2022 Policy Page: 69 of 79 Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 CNA Business Auto Policy Policy Endorsement b. b.Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c.Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d.The most we will pay for loss to a covered auto in any one accident is the lesser of: (1)$5,000; or (2)20% of the auto's actual cash value (ACV) III.Drive Other Car Coverage – Executive Officers The following is added to SECTIONS II and III: 1.Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your executive officers, except: a.An auto owned by that executive officer or a member of that person's household; or An auto used by that executive officer while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1)Equal to the greatest of those coverages afforded any covered auto; and (2)Excess over any other collectible insurance. 2.For purposes of this provision, executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such executive officers are insureds while using a covered auto described in this provision. IV.BUSINESS AUTO CONDITIONS A.Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to SECTION IV, Paragraph A.2.a. (4)Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to SECTION IV, Paragraph A.2.b. (6)Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B.Concealment, Misrepresentation or Fraud The following is added to SECTION IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C.Policy Period, Coverage Territory SECTION IV, Paragraphs 7.(5).(a). is revised to provide: Endorsement No: 15; Page: 4 of 5 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: BUA 7014679091 Policy Effective Date: 02/13/2022 Policy Page: 70 of 79 Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 CNA Business Auto Policy Policy Endorsement a.45 days of coverage in lieu of 30 days V.DEFINITIONS SECTION V. Paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these Endorsement No: 15; Page: 5 of 5 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Form No: SCA 23 500 D (10-2011) Endorsement Effective Date: Policy No: BUA 7014679091 Policy Effective Date: 02/13/2022 Policy Page: 71 of 79 Endorsement Expiration Date: © Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A.The following is added to the Other Insurance Condition in the BUSINESS AUTO COVERAGE FORM and the Other Insurance - Primary And Excess Insurance Provisions in the MOTOR CARRIER COVERAGE FORM and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such “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 such “insured”. B.The following is added to the Other Insurance Condition in the AUTO DEALERS COVERAGE FORM and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an “insured” under your policy provided that: 1.Such “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 such “insured”. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION Policy No: %8$ Policy Effective Date: 2 Policy Page: RI Form No: CA 04 49 11 16 Endorsement Effective Date:  Endorsement No:; Page: of  Underwriting Company:9DOOH\)RUJH,QVXUDQFH&RPSDQ\1)UDQNOLQ6W&KLFDJR,/ © Copyright Insurance Services Office, Inc., 2016 DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 CNA [I Business Auto Policy Policy Endorsement SB146916D (Ed.12-19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A.The Businessowners Special Property Coverage Form is amended as follows: 1.With respect to an "open policy",the following is added to any provision which uses the term actual cash value: a.In the event of a total loss to a building or structure,actual cash value is calculated as the Limit of Insurance applicable to that building or structure or the fair market value of the building or structure,whichever is less. b.In the event of a partial loss to a building or structure,actual cash value is calculated as b.(1)or b.(2), whichever is less: (1)The amount it would cost to repair,rebuild or replace the property less a fair and reasonable deduction for physical depreciation of the components of the building or structure that are normally subject to repair or replacement during its useful life.Physical depreciation is based upon the condition of the property at the time of loss; (2)The Limit of Insurance applicable to the property. c.In the event of a partial or total loss to Covered Property other than a building or structure,actual cash value is calculated as c.(1)or c.(2),whichever is less: (1)The amount it would cost to repair or replace the property less a fair and reasonable deduction for physical depreciation based upon the condition of the property at the time of loss; (2)The Limit of Insurance applicable to the property. d.An "open policy" is a policy under which the value of Covered Property is not fixed at policy inception,but is determined at the time of loss in accordance with policy provisions on valuation. 2.Paragraph E.2.Appraisal Property Loss Conditions is replaced by the following: 2.Appraisal If we and you disagree on the value of the property or the amount of loss,either may make written request for an appraisal of the loss. If the request is accepted, each party will select a competent and impartial appraiser. Each party shall notify the other of the appraiser selected within 20 days of the request.The two appraisers will select an umpire.If they cannot agree within 15 days,either may request that selection be made by a judge of a court having jurisdiction.The appraisers will state separately the value of the property and amount of loss. If they fail to agree,they will submit their differences to the umpire.A decision agreed to by any two will be binding.Each party will: a.Pay its chosen appraiser;and b.Bear the other expenses of the appraisal and umpire equally. If there is an appraisal,we will still retain our right to deny the claim. 3.Paragraph E.4.e.(1)(a)of the Loss Payment –Building and Personal Property Property Loss Conditions is deleted. 4.Paragraphs E.4.e.(1)(b)(i),E.4.e.(1)(b)(ii)and E.4.e.(7)of the Loss Payment –Building and Personal Property Property Loss Conditions are deleted and replaced by the following: (b)We will not pay on a replacement cost basis for any loss or damage until the lost or damaged property is actually repaired or replaced.Prior to such repair or replacement,we will pay the actual cash value of the lost or damaged property as described in paragraph A.1.of this Endorsement.If the actual cash value does not exhaust the applicable Limit of Insurance,we will then pay the difference between the actual cash value and the replacement cost,provided that the repair or replacement is completed: SB146916D (Ed.12-19)Page 1of6 Copyright,CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 32/,&<180%(5 B6074671505 CALIFORNIA CHANGES DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 ; Ii SB146916D (Ed.12-19) (i)Within 12 months after we pay the actual cash value;or (ii)Within 36 months after we pay the actual cash value if the loss or damage relates to a state of emergency under California Law. The following provision applies to real property which is used predominantly for residential purposes and consisting of not more than four dwelling units,and to coverage on tenants'household personal property in a residential unit. If you,acting in good faith and with reasonable diligence,encounter a delay or delays in approval for,or reconstruction of,the residence that are beyond your control,we shall provide one or more additional extensions of six months for good cause.Circumstances beyond your control include,but are not limited to: (i)Unavoidable construction permit delays; (ii)The lack of necessary construction materials;or (iii)The unavailability of contractors to perform the necessary work. Nothing in this paragraph (b)constitutes a waiver of our right to deny the claim for any valid reason or to restrict payment in cases of suspected fraud. (7)Tenants Improvements and betterments at: (a)Replacement cost in accordance with the terms set form in paragraph (1)(b)above. (b)A proportion of your original cost if the property is not repaired or replaced.We will determine the proportionate value as follows: (i)Multiply the original cost by the number of days from the loss or damage to the expiration of the lease;and (ii)Divide the amount determined in (i)above by the number of days from the installation of improvements to the expiration of the lease. If your lease contains a renewal option,the expiration of the renewal option period will replace the expiration of the lease in this procedure. (c)Nothing if others pay for repairs or replacement. B.The Businessowners Common Policy Conditions are amended as follows: 1.Paragraphs A.2.and A.3.Cancellation are replaced by the following: 2.All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less,and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured at the mailing address shown in the policy and to the producer of record,advance written notice of cancellation,stating the reason for cancellation,at least: a.10 days before the effective date of cancellation if we cancel for: (1)Nonpayment of premium;or (2)Discovery of fraud by: (a)Any insured or his or her representative in obtaining this insurance;or (b)You or your representative in pursuing a claim under this policy. b.30 days before the effective date of cancellation if we cancel for any other reason. 3.All Policies In Effect For More Than 60 Days a.If this policy has been in effect for more than 60 days,or is a renewal of a policy we issued,we may cancel this policy only upon the occurrence,after the effective date of the policy,of one or more of the following: SB146916D (Ed.12-19)Page 2of6 Copyright,CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.40020000560746715056071Cancellation DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 iiiiiiii --iiiiiiii !!!!!!!!!!!!!!! ----- SB146916D (Ed.12-19) (1)Nonpayment of premium,including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2)Discovery of fraud or material misrepresentation by: (a)Any insured or his or her representative in obtaining this insurance;or (b)You or your representative in pursuing a claim under this policy. (3)A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. (4)Discovery of willful or grossly negligent acts or omissions,or of any violations of state laws or regulations establishing safety standards,by you or your representative,which materially increase any of the risks insured against. (5)Failure by you or your representative to implement reasonable loss control requirements,agreed tobyyouasaconditionofpolicyissuance,or which were conditions precedent to our use of a particular rate or rating plan,if that failure materially increases any of the risks insured against. (6)A determination by the Commissioner of Insurance that the: (a)Loss of,or changes in,our reinsurance covering all or part of the risk would threaten our financial integrity or solvency;or (b)Continuation of the policy coverage would: (i)Place us in violation of California law or the laws of the state where we are domiciled;or (ii)Threaten our solvency. (7)A change by you or your representative in the activities or property of the commercial or industrial enterprise,which results in a materially added,increased or changed risk,unless the added, increased or changed risk is included in the policy. b.We will mail or deliver advance written notice of cancellation,stating the reason for cancellation,to the first Named Insured,at the mailing address shown in the policy,and to the producer of record,at least: (1)10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud;or (2)30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. 2.The following provision is added to Paragraph A.Cancellation: 7.Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units,and to coverage on tenants'household personal property in a residential unit, if such coverage is written under one of the following: a.If such coverage has been in effect for 60 days or less,and is not a renewal of coverage we previously issued,we may cancel this coverage for any reason,except as provided in Paragraphs b.and c.below. b.We may not cancel this policy solely because the first Named Insured has: (1)Accepted an offer of earthquake coverage;or (2)Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA)that included an earthquake policy premium surcharge. However,we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake policy premium surcharge authorized by the CEA. SB146916D (Ed.12-19)Page 3of6 Copyright,CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 SB146916D (Ed.12-19) c.We may not cancel such coverage solely because corrosive soil conditions exist on the premises.This Restriction c.applies only if coverage is subject tooneofthefollowing,which exclude loss or damage caused by or resulting from corrosive soil conditions. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter,as determined by California Law,we may not cancel this Policyforoneyear,beginning from the date the state of emergency is declared,solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However,we may cancel: a.When you have not paid the premium,at any time by letting you know at least 10 days before the date cancellation takes effect; b.If willful or grossly negligent acts or omissions by the named insured,or his or her representatives are discovered that materially increase any of the risks insured against;or c.If there are physical changes in the property insured against,beyond the catastrophe-damaged condition of the structures and surface landscape,which result in the property becoming uninsurable. 3.Paragraph C.Concealment,Misrepresentation Or Fraud is replaced by the following with respect to loss or damage caused by fire: We do not provide coverage to the insured who,whether before or after a loss,has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning: a.This policy; b.The Covered Property; c.That insured's interest in the Covered Property;or d.A claim under this policy. 4.Paragraph C.Concealment,Misrepresentation Or Fraud is replaced by the following with respect to loss or damage caused by a Covered Cause of Loss other than fire: This policy is void if any insured, whether before or after a loss,has committed fraud or intentionally concealed or misrepresented any material fact or circumstance concerning: a.This policy; b.The Covered Property; c.An insured's interest in the Covered Property;or d.A claim under this policy. 5.The following paragraph is added and supersedes any provisions to the contrary: M.Nonrenewal 1.Subject to the provisions of Paragraphs 2.and 3.below,if we elect not to renew this policy,we will mail or deliver written notice stating the reason for nonrenewal to the first Named Insured shown in the Declarations and to the producer of record,at least 60 days,but not more than 120 days,before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured,and to the producer of record,at the mailing address shown in the policy. 2.Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units,and to coverage on tenants'household property contained in a residential unit. We may elect not to renew such coverage for any reason,except that we will not refuse to renew such coverage solely because: SB146916D (Ed.12-19)Page 4of6 Copyright,CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.40020000560746715056072DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 iiiiiiii --!!!!!!!!!!!!!!! ----- SB146916D (Ed.12-19) a.The first Named Insured has accepted an offer of earthquake coverage. However,the following applies only to insurers who are associate participating insurers as established by Cal. Ins.Code Section 10089.16.We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage,if one or more of the following reasons applies: (1)The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; (2)The Commissioner of Insurance finds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition.A hazardous condition includes,but is not limited to,a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25%for payment of those claims;or (3)We have: (a)Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage;or (b)Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies;and the Commissioner has approved a plan for the nonrenewals that is fair and equitable,and that is responsive to the changes in our reinsurance position. b.The first Named Insured has cancelled or did not renew a policy,issued by the California Earthquake Authority that included an earthquake policy premium surcharge. c.Corrosive soil conditions exist on the premises. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter,as determined by California Law,we may not nonrenew this Policy for one year,beginning from the date the state of emergency is declared,solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However,we may nonrenew: a.If willful or grossly negligent acts or omissions by the named insured,or his or her representatives, are discovered that materially increase any of the risks insured against;or b.If losses unrelated to the post-disaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal;or c.If there are physical changes in the property insured against,beyond the catastrophe-damaged condition of the structures and surface landscape,which result in the property becoming uninsurable. 3.We are not required to send notice of nonrenewal in the following situations: a.If the transfer or renewal of a policy,without any changes in terms,conditions,or rates,is between us and a member of our insurance group. b.If the policy has been extended for 90 days or less,provided that notice has been given in accordance with Paragraph 1. c.If you have obtained replacement coverage,or if the first Named Insured has agreed,in writing,within 60 days of the termination of the policy,to obtain that coverage. d.If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e.If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. SB146916D (Ed.12-19)Page 5of6 Copyright,CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 SB146916D (Ed.12-19) f.If we have made a written offer to the first Named Insured,in accordance with the timeframes shown in Paragraph 1.,to renew the policy under changed terms or conditions or at an increased premium rate,when the increase exceeds 25%. All other terms and conditions of the Policy remain unchanged. SB146916D (Ed.12-19)Page 6of6 Copyright,CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission.40020000560746715056073DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 iiiiiiii iiiiiiiiiiiiiii --!!!!!!!!!!!!!!! ----- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy Expiration Date: © 2011, The Hartford NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: Effective Date: Named Insured and Address: A.If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided to the certificate holder(s) with mailing addresses on file with the agent of record. Such notice will be provided within 30 days of the Company’s receipt of certificate holder(s) information from the agent of record. B. If this policy is cancelled by the Company, for non-payment of premium, notice of such cancellation will be provided to the certificate holder(s) with mailing addresses on file with the agent of record. Such notice will be provided within 10 days of the Company’s receipt of certificate holder(s) information from the agent of record. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. 72 WEC AN3L1T Endorsement Number: Effective hour is the same as stated on the Information Page of the policy. 09/28/21 Form WC 99 03 99 Printed in U.S.A. Process Date: 09/28/21 09/28/22 HOCH CONSULTING APC804 PIER VIEW WAY STE 100OCEANSIDE, CA 92054 DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative (1) Printed in U.S.A.Form WC 04 03 06 Process Date: 09/28/21 Policy Expiration Date: 09/28/22 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Endorsement Number:Policy Number: 72 WEC AN3L1T Effective Date: 09/28/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: HOCH CONSULTING APC804 PIER VIEW WAY STE 100OCEANSIDE, CA 92054 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 DocuSign Envelope ID: 722A294B-4D4C-441A-8F75-F0570FE3B4A3 ?