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14-136 Anderson's Tree Care Specialists for Site hazard Evaluation at BBF Picnic Area OFFICE OF THE CI1Y CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE:(408) 777-3223- FAX: (408)777-3366 WEBSITE:www.cupiailino.org CUPERTINO August 11, 2014 Anderson's Tree Care Specialists, Inc. P.O. Box 2B San Jose, CA 95109 Re: Agreement for contract services. Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works AGREEMENT BETWEEN TIDE CITY OF CUPERI'INO AND ANDERSON'S TREE CARE SPECIALISTS,INC. FOR SITE HAZARD EVALUATION AT I3LACKBEItRY FARMS PICNIC AREA � t 9- THIS AGREEMENT, for reference dated July 24, 2014, is by and be weep er 01" CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and , Anderson Tree Care Specialists, Inc., a Califorr-iia corporation ,whose address is P.O. Box 213 San Jose CA, 95109 hereinafter called the Contractor, and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carryon its business as it is now being conducted under the ConstltLrtion and the statutes of the State.of California and the Cupertino Municipal Code. B. City and Contractor desire to enter into an agreement for a site hazard evaluation survey of 78 trees in the grOLIP picnic area and 13 trees behind the Blackberry cafe snack shack , in accordance with Proposal #1487 dated .tune 26,2014 NOW, THEREFORE, it is mutually agref;d by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within Thirty,(30) calendar days after.receiving notice from the Trees and R.O.W. Supervisor to commence the work,-and shall diligently prosecute the work to completion before the_expiration-o#.roui-t.y.-five.(45) consecutive calendar days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own. cost-and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with Proposal 41487 dated June 26,2014 hereby referred to and. expressly made a part hereof with the same force and effect as if the same were hilly incorporated herein. 3. COMPENSATION TO CONTRA-12TOR: Contractor shall be compensated for service-,s performed pursuant to this Agreement in the amount and manner set forth in Contractor's proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks,drawn on the treasury of the City, to be taken from the general fund. 1 4. TIME:IBS OF THE ESSE:NC'E: Contractor and City agree that time is of the essence regarding the performance-of this Agreement. S: STANDARD-OF CARE: Contractor agrees to perform all services Hereunder in a manner commensurate with the prevailing standards of like professionals in the San. Francisco Bay Area and agrees that all services shall be performed by qualified and experienced;personnel who are not employed-by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the.relationship between them created by this Agreement is that of employer-independent coritr'aetor. The manner and means of conducting the work-are under the.control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of:-the benefits provided.by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are :available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, as CA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REh'ORM-AND CONTROL ACT Contractor assumes any and-all responsibility for verifying,the identity and employment authorization of all of its employees performing work hereunder; pursuant to all applicable:IRCA or other federal, or state rules aiid reguldtions. Contractor shall indemnify and hold City harmless from and against any loss; damage; liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON-DISCRIMINATION- Consistent with City's policy' that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that Harassment. or discrimination directed toward a job applicant, a City employee; or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry,. handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach.of this Agreement. 9. IIOLD .HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify; defend; and hold harmless the City and its officers, officials, agents, cibployees.and volun teers against any and all liability; claims, stop notices; actions; causes of. action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property Or other liability of any nature, arising out of, pertaining to, or related to -the performance of this Agreement by Contractor or Contractor's employees, .officers, officials, agents or independent contractors. Contractor shall not be obligated under- this Agreement to indemnify City to the extent that the damage is caused by tlhe-sole or active.negligence or willful misconduct of City, its. agents or employees. Such costs and expenses shall include reasonable attorneys' fees of 2 counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indeiirinity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. 11' Contractor tails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the tern-is of this section. 10. iNSURANCE: On or before the commencement of the tenills of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs IOA, B, C and D. Such certi.l Cates, which do not.limit Contractor's indemnil:ication, shall.also contain substantially the following statement: "Should any of the above insurance,covered by this certificate be canceled or coverage reduced before the expiration: date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, "Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage.of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as requireld by the State of California. (2) 'Liabili Commercial general.liability coverage in the following minimum limits: Bodily Injury: $15000,000 each occurrence $2,0010,000 aggregate,- all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted; combined single limit policy with aggregate limits in the amounts of $2;000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury $500,1000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed 3 to provide coil)prehensive general and automotive liability insurance, Contractor shall look solely to its insurance :for recovery. Contractor hereby grants to City, on behalf of-'any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services o.f Contractor herein, a waiver of any might to subrogation which any such, insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. I+AILURE TO SECURE: If Contractor at any time during the term hereof should .fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximurn rate permitted by law,and computed from the date written notice is received that the premiums have not been paid: D: ADDIT[.ONAL-INSURED. City, its City Council,.boards and commissions, officers, employees, and volunteers shall be named'as an additional insured under all insurance coverages, except worker's compensation insurance. The naming; of an additional insured shall not affect any recovery to which such additional insured would be entitled under this-policy if not named as- such additional insured. An additional insured named herein shall not beheld liable.-for any premium, deductible portion of any loss, or expense of any hawre on this policy or any extension thereof. Any oilier insurance held by an additional insured shall riot.be,required to contribute anything toward any loss or expense covered by the insurance•.provi(led by this policy. E. SUFFICIENCV OF INSURANCE: The insurance lini.its required by City Ate not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. IL BONDS- Contractor is not required to provide bonds. 12. PROHIBITION.AGAINST TRANSFEitS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreetilent, or any interest therein, directly or indirectly, by operation of law or otherwise; without prior written consent of City. Any attempt to do so without said consent shall be bull and void; and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. however-,. claims :for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution. without prior written consent.. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding; capital stock of Contractor, or of the interest of any general partner.or Joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall. be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City,is obtained, only those people and subcontractors 4 whose names are listed in Contractor's proposal shall, be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor rnay, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such. subcontractors shall be required to tUrnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance ill reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sale expense; shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of.services hereunder. 15. REPORTS: Each and every,report, draft, work product;, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive-property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form -as City may require, furnish reports concerning the status of services required Under thii>Agreement. 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of.services. All such records shall be maintained in accordance with generally accepted accounting principles and.shall'. be-clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives. of City or its designees at al l proper times, and.gives City the.right to examine and audit same,and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities .related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three(3)years after receipt of.final payment. If supplemental examination or audit'of the jrecords is necessary due to concerns raised by City's preliminary examination or audit of'records;, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good.f4iith, then Contractor.shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 5 IT NOTICES: All notices, demands,, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as liereinafter provided. City at:All notices, demands,requests,or approvals from Contractor to City shall be addressed to City of Cupertino 10555 Mary Avenue Cupertino CA 95014 Attention: Jonathan Ferrante All notices, demands,.regirests, or approvals from City to Contractor shall be addressed to Contractor at: Anderson's Tree Care Specialists Inc. P.O. Box 2B San.lose, CA 95019-0002 Attention: Doug Anderson 18. URBAN.RUNOFF MANAC U;ME The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation-and.gradirig.. If water is used'for dust control, contractor shall use as little as necessary. Contractor-sha11 take all steps necessary to.keep wash water out of the streets,-gutters and storm.drains. The Contractor shall develop and implement erosion and. sediment control to prevent Pollution of storm drains. Such control includes but is not lim-ted to: A. Use storm drain inlet protection devices .such as sand bag barriers, filter fabric fences, block and gravel filters. (Block_storm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the.site), B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at.the end of the-each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. .D. After breaking old pavement, Contractor shall reinove�all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a.clean work area by-removing irash,.litter, and debris at the end of each work day: Contractor shall also clean up any leaks, drips, and'other spills as they occur. The objective is to ensure that the City and County off Santa Clara County-Wide Clean Water Program is adequately enl:orced. These controls should be!implemented prior to the start of construction, up-graded as required, maintained during. construction phases to provide adequate protection, and removed at the end of construction. These recommendations are intended to be used..111 conjunction with the States Best Management Practices Municipal and Construction 1.1andbooks, local program guidance 6 materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, 's, p'^ C-t stomp.o &,rs or fines, rT he fine fo r;??_4'�.�rn;? pl anCe ofthe above program is two e-M�1f;~ .kt and rfty doIM--rs (55250,00) per occurrence-per day. The State under the Federal Clean Water Act can also impose a fine on the cohtractoir,pursuant to Cal.. Water,`Codle t 13395. 19. TE R In the event.Contractor fails-or reffises to ►erthrm anv of tl?c proms®ns hereofat the time and in the nya.nne-r gequiaed.here r der, Contractor shall be dcerned in deLfialult in the performance of this Agre-e rent. If sue1a ki fav'4`is 3t -i"red -,i ,hiin a 1..,.6o of two o (i j days:after receipt by Contractor from. City of vritfen.notice of f lltl, gat. il'�Qiiit dl:�e 9tatu'e of soil: e' fs1t 17d the steps necessary to cure sucli default, City may ten,�ninate the Agreein.ent lort'hwith by giving to the Contractor eri to 3 :otice thereof. City shall have the gption L t Its-, s�€3Ic. disc- e.iGh- Xl;^.i f iit A "�. ler4 1n£._ing this . Agreement by giving seven (7) days'.prior written notice to Contractor as provided herein. Upon terpnin allk)n of this Agar e-em ill., -arh ar � i:? u� 1 ti f?t?(':. r `t that- poTtlCll7 t1!> rn1 +'+Pt�e,!n1'i�.+ A _ s t ,.�e: r. i 7. �..1 - - ter-s-�ar= e. 4� 1,s„s.�-r£3 i.i't.-:t. u rd-..•1 x._...-. Fa33. t'E a_#.'.. tyve nt �:;t C z v'� 9'.� .5'I r fa.I..•...7A.r a .: �.°S .- :lam+ �.r" �f..a 5.:31_F_i S- j.�i•9.5^ ii.d X7:1. s.flec'Ne date o termination. Contractor shall comply with all laws, state or federal and all ordinances, rules and gF _ .o_'..--Z=a.f---t r .-) _ : -d.by City. 21. C0P-47"IPL IOF OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California �.r�.�<. t � .n- 7 .'�.� r+,-� �, ! + y. �-y _ 3 �qg �y 1 _ iL�'_j9 i&/1�'�+.� :A � S;' w.i! L a -iiSek. ii.. r.2 ttr.�.:$9..ft l .�• �t-$'1,�irl t`°.ar `-,�'-I.? 5'1". L�s�,!i.e.�f tit.)'§J. f C IiTtlt�� iurj.�1Cl:i i-Fan. Thl 1S�ly':�.LL_ r a a.a.d _.u'' • "s-,o ti :-. r(`t 4f 33 1.,_ ,€• } r �7 _1. 7 1.n}a:r+ Orders, ` ..i` +�v+'e_ A . S+ rSid'a:j'✓ €0 call aiLeiFt: i., V.J, Orders, rules, and regulations of the authorities haviil; jurisdiction over this Agreement (or the sLI=-essors Of those.IT-st oritsrs,)' Any s`' �� �.�.o,-fa , g _# lcl } ? <. ieuLS. -�s-£-..1,.,_s'.:a:.$ 3:.:e.e_c L'i. v7_tl2 t1e ; .wi < t c.-6..�i�.Ja s..3-<� Z2. ADVE TlSEMEN'T': CQl:� €fi 'st)Py k fiat r _t i it .N 7n 7 latci as t � , L:ii �It d spfay Jr allo i� iii.•�JoJtl:�i, eI►llil�itk'.d, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services Jj1 A i yes orrne ..rLJ. t- v ` .i'�•s s* �' r �a r'a'k se u i.s 1 e wr'f __. .>s ?ti�,3s ,:�e fry;in City to dig other WIS". 23. WAIVER --co .ault, c '_S+ s 'S.y .. -i iili ii.111L►1 �'jerein, shall not be dec_med-to be a wa'iver of any subse:yuent breach of the- same or any other term, <r 1S• '.!l't _r —A:+ n.ns tn: ..a;-= M, et. MU , This Agreement-represents the fill] and eornplete understanding of every kind or nature whatsoever b_ t'�v eo, th±ei pavni,_, - ! ,rel ,. i4Md :ill Of r+ z r Y i-r S rr i iak _ '.•Z.'P cE.l �Jl._:i1 l.�. 1sx. i, !_ e ... O VUi.oal ;3x i°>4 e•i.�f� 7.: _ "�'t dZ � f !j. -- �. e 7 held:to-va:ry the.provisions hereA.-Any modif`cation of thl's.Agreement wilt be effective orily by written execution signed by both City and Contractor: .25.:. INSERTED I'ROVISI;ONS':. Each provision and clausE require by l:a:w''to be�inserted into.tlie Abreement shall he deemed to he enacted.herein, and the Agreement-shall he read and ienforced:as though each.were included herein. If through, mistake or otherwise, any :such provision. is not :inserted Ur' is; ,n.ot correctly inserted, the Agreement shall. he amended to inake such .insert ion. n application .by either party. 26. CAP'FI`O\TS . The captions in.this:Agreernent..are 1.or convenience only:, are not,a part of'the,Agreement` and in no way affect 1i�nit or amplify the terms or. provisions of tlis.Arernent ..IN Wl l NESS WHEREOF, the parties have caused.the Agree menvto be executed on the day and year first above written. C ONTRAC FOR C:;I w OT C U('ER I'I:N O Anderson's Tree Car S ecialists Inc: A M.unicipal. Corporation. I3v d l tale 1'Itle Date -7 -' ''1 Bate RECO.1VI " ° E�D FOIZ APPR(3VAL: By ". i -z APPROVED AS 'I'O FORN4; By City Attorney QtY Clerk Contract.Afr►o:tnt: x.99.0:0.00 Account: 1.10-$.')-1:4-70:14 8 t � fry r ` On Tree Exhibit 'IN PQ Box 13 San Jose. 5 tC - ? � `'`'j l el: (4 ) 226- 733 , Yx�` a ti Fax t i 733 � Ucertse t;70517,1 i � � e le r= are .° caw✓r�ea~rr'�: "t�l is 5, 1.1111-. ��ti►ow.ander nstreecare.coni Spec PROPOSAL 00/20/2014 41487 Salos Arborist: Doug Anderson City of Cupertino Contact Information Site Information 10555 Mary Ave Phone:408.777 33.43 Name: Blackberry Farm Cupertino,California 95014 21979 San Fernando Ave Cupertino, CA 95014 Service# Service Description Asset(s) Price 1 Site Hazard Evaluation Survey #'I Pine;-Monterey $9900.00 Locatiow;Adjatent to garbage This survey will include canopy enclosure behind Blackberry Cafe measurements, (diameter,height;and This tree has an.active infestation of spread),record the tag number from the Red Turpentine Beetle-(note-the,pitch 1995 inventory(if not number is visible;we tubes)and:is-almost dead. It has a Will assign a 4 digit number to replace it), 26%.Live.-Canopy Ratio. Large pieces and provide individual observations and of dead wood extend over a high use. recommendations for tree determined to be pathway. sign ifica nt.Photos will be included-of significant trees.A TRAQ assessment will be performed for each tree determined to be potentially hazardous. Specifications-for care will be-included as well—dead wood removal, tree removal,end weight reduction,prop installation,.etc.....We:will place each tree on a Google earth image, I need to run back to the site today to get; measurements of a sample tree so..you have an example. I counted about 78 trees in the Group picnic area.Also included_ are about 13'trees in the.area behind Blackberry Cafe.We will also include a report with general observations on species - that make up the tree population there.. 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"".&• 1': ,- t � i - +:n , i twx S d �'et,N° ,y wrtr f"("rfi•,,yl, ++.,a{'1" ��,Ap1 (y�i .....,d f t? t! �a i'k�'g .v.J a •�i'. ; ,iy; �M,z+"MSS <g k,� °�"+#y,�1 .� P +�`� 'C �t T � sl' ..Jw .�, ,9 iw x tS Pe Yz&r r rR �. > ,�'�. ° m"Y� -*\ •"yi � a ��, ° v' + 5"C�� _YI Rq,� ,t,� '����\� ti.��:^•,J� (li Yiw T� ��'d E qr*'�i�� r:. ear g��:�fi ,$�'±� ,' ,; i&� � ..w. � .� or.� kS a+y�r *,f '. i�r� � z`�ttti., F d x. �v !y g-��,• Us x YlS gt�; 1°t : Terms and Conditions It is agreed by and between Anderson's Tree Care Specialists,Inc.and the-authorizing party(customer and/or-customer's agent)that the following provisions are made as part of thiscontraet: Insurance by Contractor:Anderson's Tree Care Specialists;Inc.warrants that it is insured for liability resulting from injury to person(s)or property and that all employees are covered by Workers,'Coin pen sat,ion as required by law. Certificates of coverage are available upon request. Cancellation f'ee: Anderson's Tree Care Specialists,Inc.kindly requests that the authorizing party provide at least 24,hours advance notice of any full or partial work cancellation. Ifa crew has been dispatched to the job site,.the customer will be assessed a mobilization fee of$300.00 fair incurred expenses. Completion of Contract: Anderson's'free Care Specialists,inc.agrees to do its best to nieet•any agreed upon performance dates,but shall not be liable in.damages or otherwise for delays because of inclement weather;labor,or any other cause beyond its control;nor shall the customer be relieved of completion fir delays. "free Ownership: The authorizing party warrants that all trees 1isled are located on the customer's propcity,and,if not;that the authorizing patty has received full permission f.rom'the owner4o allow Anderson's Tree Care Sp ecialists,'lnc:to perform the specified work. Should any tree be mistakenly identified as to ownership,the customer agrees W.indemnify Anderson's Tree Care Specialists; roc. for any damages or costs incurred from the result thereof. Safety: Anderson's Tree Care Specialists,Inc.warrants that all.arboricu{tural operat ions::w.iII follow the latest version of the ANSI Z133.1 industry safety standards. 'I lie.authorizing party agrees to not enter the vrork area duringarboricultural operations unless authorized by the crew leader on-site. ANSI A300"free Care-Standard Definitions: `i'he following definitions.,,ipply to specifications detailed in this proposal. clean:Selective pruning to remove one or more of the rollowing parts:dead,diseased,and/or broken branches. Unless noted otherwise on this proposal,all cleaning will beof branches i inch diameter or.greah r throughout the entire crown. crown.:The leaves and branches of a tree measured,lrom the.lowest branch on the trunk to the top of the tree. leader:A dominant or co=dominant,upright stern. raise:Selective pruning to provide vertical clearance: reduce:Selective pruning to decrease height and/or spread by removing specified brandies. restore:Selective pruning to improve the structure,form,abol appearance of:`trees that have•heen severely beaded,vandalized,or damaged. thin:Selective pruning to reduce density oflive branches,usually byrennoving entire branches, vista pruning: Selective pruning to allow.a•specific_view ,usually bycreating view"windows"through the tree's crown. Stump Removal: Unless specified in the proposal,stump removal is not included in the price quoted. Grindings from stump removal are not hauled unless specified in this proposal. Surface-and subSUrface tools-beyond the stump are not removed unless specified in this proposal. Concealed Contingencies:- Any additional work or equipment required to complete the.work;caused by the authorizing party's failure to make known or caused by previously unknown'foreign material in the trunk;the branches,underground,or any other condition not apparent i1f esti►nating'the:.work specified,shall be paid for by the customer on a time and material basis. Andersen's'free Care Specialists,'lnc.is not responsible for damages to underground sprinklem,drain lines;invisible fences or underground cables unless the system(s)sire adequately and accurately mapped by'tbe authorizing party and a copy is presented before or.at the time the work is performed. Clean-up: Clean-up shall include,removing wood,brush,and clippings,and raking of the entire area affected by the specified work, unless noted otherwise on.this proposal. Lawn Rcpair: Anderson's*Free Care Specialists;Inc.will attempt to minhiiize all rlisttirbaneeso the customer's lawn: Lawn repairs are not included in the contract price,unless noted Otherwise on this proposal. "Terms of Payment:Unless,otherwise noted in this proposal,the customer agrees'to_pay theaccount in full within 30 days ofwork completion. Failure to remit full payment within the.payment term will result in a 11nance charge-of300%per month. Returned Check Fee: There will be a$25.00 fee charged for all checks►eturned to our office for non-sufficient funds. Client#:738174 ANDETREE4 YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 7124 DATE(MM/DDIMIDD/ 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). PRODUCER a NAME: Hub International P"HON o EXt:805-682-2571 FAX Na; 805-832-6581 HUB Intl Insurance Serv. Inc. E-MAIL ADDRESS: 40 East Alamar Avenue INSURER(S)AFFORDING COVERAGE NAIC# Santa Barbara,CA 93105 INSURER A:Nova Casualty Company INSURED INSURER B:Sparta American Insurance Co. 10079 Anderson's Tree Care Specialists,Inc. — INSURER C P.O.BOX 2B San Jose,CA 95109 INSURER D IS INSURER E: INSURER F: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED i3Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER _ MWDDM(YY MMIDD/YYYY A GENERAL LIABILITY X X ARBCL00110150 4/01/2014 04/01/2015 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea RENTED $100 000 CLAIMS-MADE 51 OCCUR MED EXP(Any one person) $5,000 X PD Ded:$1,000/OCC PERSONAL BADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY PRO LOC _ $ JECT A AUTOMOBILE LIABILITY X X ARBCL00110150 4/01/2014 04/01/201 EOacccl den SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DE D RETENTION$ _ $ B WORKERS COMPENSATION 021 WK00395 10/08/2013 10/08/201 X WC STAT- OTTH- AND EMPLOYERS'LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y 1 N E.L.EACH ACCIDENT $1,0002000 OFFICER/MEMBER EXCLUDED? a N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Re: Blackberry Farms. City,its City Council,boards and commissions,officers,employees, and volunteers are named as Additional Insured as respects General Liability per attached form#AGL01350408 as required by written contract. City, its City Council,boards and commissions,officers,employees,and volunteers are named as Additional Insured as respects Automobile Liability per attached form#ACA002:30512 as required by written contract. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y p THE EXPIRATION'DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Jonathan Ferrante ACCORDANCE WITH THE POLICY PROVISIONS. 10555 Mary Ave. _ Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S2993071/M2780685 LS46 r DES pt "CRI 11 77, PTI'®NS t(Corinued from�Page 1.) Waiver of Subrogation under the General Liability applies per attached form#AGL01350408.Waiver of Subrogation under the Automobile Liability applies per attached form#ACA00230512. SAGITTA 25.3(2010/05) 2 of 2 #S2993071/M2780685 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY EXTRA ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. EXTENDED PROPERTY DAMAGE It is agreed that SECTION I—COVERAGE A., paragraph 2. Exclusions a. Expected or Intended is deleted and replaced by the following: a. Extended Property Damage "Bodily Injury" or"Property Damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. 2. PROPERTY SOLD OR ABANDONED BY YOU It is agreed that SECTION I—COVERAGE A. paragraph 2. Exclusion j.(2) is deleted and replaced by the following: (2) Premises you sell, give away, or abandon, if the"property damage"arises out of any part of those premises, and occurred from hazards that were known by you or should have reasonably been known by you, at the time the property was transferred or abandoned. 3. NON OWNED WATERCRAFT It is agreed that SECTION I—COVERAGE A. paragraph 2. Exclusion g.(2) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess, or contingent. 4. DAMAGE TO PREMISES RENTED TO YOU a. It is.agreed that SECTION I—COVERAGE A. the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c.through n. does not apply to: (1) damage by fire, lightning, explosion, smoke or leaks from automatic fire protective systems; and (2) damage caused by a resident, to premises while rented to you or temporarily occupied by you with the permission of the owner. b. It is agreed that paragraph 6.of SECTION III — L.IMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we will pay under COVERAGE A for damages because of"property damage"; a. resulting from fire, lightning, explosion, smoke or leaks from automatic fire protective systems, or any combination thereof; arid AGL01350408 Includes copyright material from Insurance Services Office, Inc. Page 1 of 5 COMMERCIAL GENERAL LIABILITY b. caused by a resident, to premises, rented to you or temporarily occupied by you with the permission of the owner. 5. BROAD NAMED INSURED It is agreed that SECTION II -WHO IS AN INSURED is amended to include the following: Any corporation organized under the laws of the United States of America (including any state thereof, its territories or possessions, or Canada (including any province thereof) will qualify as a Named Insured if there is no similar insurance availablE! to that organization, provided that one or more Named Insureds shown in the Declarations has, sit: the inception of the policy period, an ownership interest in such organization of more than 50%. 6. KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT The notification requirements of paragraphs 2.a. and 2.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS apply only when the "occurrence", offense, claim, or "suit" is known to: a. You, if you are an individual; b. A partner or member if you are a partnership or joint venture, c. An officer or director if you are an entity other than a partnership, joint venture or limited liability company; d. A member or manager if you are a limited liability company; or e. An insurance manager, risk manager or other "employee" you designate prior to loss to give notice to us. Knowledge of an "occurrence," offense, claim, or":suit" by your agent, servant or"employee" shall not in and of itself constitute knowledge to you unless an individual described in items 1. - 5. of this provision G. has actual knowledge. 7. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS OR PRIOR OCCURRENCES The following is added to Condition 6. Representai:ions of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: Failure to disclose all hazards or prior "occurrences" or offenses existing as of the inception date of this Coverage Part shall not prejudice the coverage afforded under this Coverage Part, provided such failure to disclose all hazards or prior"occurrences" or offenses is unintentional. 8. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition 8.Transfer of Rights of Recovery Against Others To Us of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by adding the following: We waive any right of recovery we may have against any person or organization when such waiver is required by a written contract that you have agreed to prior to loss. 9. ADDITIONAL INSUREDS a. LESSOR OF LEASED EQUIPMENT i. SECTION II - WHO IS AN INSURED is emended to include as an additional insured any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in .a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to their liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. AGI-01350408 Includes copyright material from Insurance Services Office, Inc. Page 2 of 5 COMMERCIAL GENERAL LIABILITY iii. With respect to the insurance afforded these additional insureds, this insurance does not apply to any"occurrence"which takes place after the equipment lease expires. b. MANAGERS OR LESSORS OF PREMISES L SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person or organization from whom you lease premises when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability arising out of your ownership, maintenance or use of that part of the premises leased to you subject to the following additional exclusions: iii. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any"occurrence"which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. c. VENDORS L SECTION II - WHO IS AN INSURED is emended to include as an additional insured any person or organization (referred to below as vendor) with whom you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: iii. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement, (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or. (8) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Sub-paragraphs 4.or 6.;or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. AGLO1350408 Includes copyright material from Insurance Services Office, Inc. Page 3 of 5 COMMERCIAL GENERAL LIABILITY iii. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. d. OWNERS, LESSEES OR CONTRACTORS i. SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury', "property damage" or .personal and advertising injury" caused, in whole or in part", by: (1) Your acts or omissions;or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. iii. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or 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"or"property damage'occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. ADDITIONAL INSUREDS—BY CONTRACT,AGREEMENT OR PERMIT SECTION II—WHO IS AN INSURED is amended to include as an additional insured: (1) Any person or organization is an insured with whom you are required to add as an additional insured to this policy by a written contract, written agreement, or permit that is.. (a) currently in effect or becoming effective during the term of this policy; and (b) executed prior to the "bodily injury", "property damage", "personal and advertising injury". (2) This insurance provided to the additional insured by this endorsement applies as follows: (a) That person or organization is only an additional insured with respect to liability caused by your negligent acts or omissions at or from (1) Premises you own, rent, lease or occupy, or (2) Your ongoing operations performed for the additional insured at the job indicated by written contract or written agreement. (b) The limits of insurance applicable'I'D 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. AGLO1350408 Includes copyright material from Insurance Services Office, Inc. Page 4 of 5 COMMERCIAL GENERAL LIABILITY (3) With respect to the insurance afforded these additional insured's, the following additional exclusions apply: (a) This insurance does not apply to"'bodily injury"or"property damage"occurring after: (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor Efngaged in performing operations on or at the same project. (b) This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" caused by the rendering of or failure to render any professional services. (4) Regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary. 10. EXTENDED DEFINITION OF "BODILY INJURY" The definition of "bodily injury" in SECTION V -- DEFINITIONS paragraph 3. is replaced by the following: "Bodily injury' means bodily injury, sickness or .disease sustained by a person, including mental anguish or death resulting from any of these at any time. 11. EXTENDED DEFINITION OF "PERSONAL AND ADVERTISING INJURY" The definition of "personal and advertising injury" in SECTION V — DEFINITIONS paragraph 14. is amended to include the additional offense of abuse of process. AGLO1350408 Includes copyright material from lnnsurance Services Office, Inc. Page 5 of 5 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO EXTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMON POLICY CONDITIONS To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this Endorsement apply. Unless otherwise indicated, the following provisions amend the Business Auto Coverage Form. A. ADDITIONAL INSUREDS SECTION II-LIABILITY COVERAGE, Paragraph AA.Who Is An Insured is amended to add: 1. Additional Insured If Required By Contract Or;Agreement When you have agreed in a written contract or written agreement to provide insurance for an additional insured, such person or organization is included as an"insured": a. Only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under Paragraphs a. or b. of Who Is An Insured, with regard to the ownership, maintenance or use of a covered"auto', and b. The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage"occurs: (1) During the policy period, and (2) Subsequent to the execution of such contract or agreement, and (3) Prior to the expiration of time that the written contract or agreement requires such additional insured coverage to be provided. c. The most we will pay on behalf of such additional insured is the lesser of: (1) The Limits of Insurance specified in the written contract or agreement;or (2) The Limits of Insurance shown in the Declarations. d. The amount in c. above shall be a part of and not in addition to the Limits of Insurance shown in the Declarations. e. This insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary, otherwise this coverage is excess. 2. Broadened Named Insured a. Any legally incorporated business entity organized under the laws of the United States of America (including any state thereof, its territories or possessions), or Canada (including any province thereof) will qualify as a Named Insured if' there is no similar insurance available to that organization, provided that one or more NaMKI Insureds shown in the Declarations have, at the inception of the policy period, an ownership interest in such organization of more than 50%. The Named Insured does not include any organization that is an"insured" under any other automobile policy or would be an "insured" under such policy but for its termination or the exhaustion of its Limit of Insurance. b. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the business entity. 3. Employees As Insureds Any "employee" of yours while using a covered "auto' you do not own, hire, or borrow in your business or your personal affairs. 4. Lessors As Insureds a. The lessor of a covered"auto'while the"auto' is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor; and ACA00230512 Includes copyrighted material from Insurance Services Office, Inc., Page 1 of 5 with its permission. COMMERCIAL AUTO (2) The"auto" is leased without a driver. b. Such a leased "auto" will be considered a covered"auto" you own and not a covered "auto" you hire. "Loss"to a covered leased"auto" is subject to the following: (1) We will pay, as their interest may appear, you and the lessor named in this endorsement for "loss"to a"leased auto". (2) The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. (3) If we make any payment to the lessor, we will obtain his or her rights against any other party. B. AIRBAG COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a. does not apply to the accidental discharge of an airbag: 1. This coverage is excess of any other collectible insurance or warranty. 2. No deductible applies to this coverage. C. AUTOS RENTED BY EMPLOYEES 1. Any"auto" hired or rented by your"employee" on your behalf and at your direction will be considered an"auto"you hire. 2. SECTION IV— BUSINESS AUTO CONDITIONS„ Paragraph B. 5. Other Insurance is amended by adding: If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. D. CANCELLATION CONDITION Paragraph 2.b. of A. Cancellation, of the COMMON POLICY CONDITIONS is deleted and replaced by the following: 60 days before the effective date of cancellation if we cancel for any other reason. E. ELECTRONIC EQUIPMENT—BROADENED COVERAGE 1. The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph 5.: Electronic navigation equipment that is not permanently installed in the covered "auto". However, if the equipment is stolen, the equipment and any mounting or power accessories must not have been visible from the exterior of the covered"auto". 2. The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, Paragraph 2.: Electronic navigation equipment that is not permanently installed in the covered"auto." F. EXTRA EXPENSE We will pay up to $2,500 for any expense incurred for the return of a covered stolen "auto" to you. This coverage does not apply to Hired Auto Physical Damage Coverage. G. FELLOW EMPLOYEE COVERAGE SECTION II - LIABILITY COVERAGE, Paragraph B. Exclusions, 5. Fellow Employee is deleted and replaced by the following: 1. "Bodily Injury"to: ACA00230512 Includes copyrighted material from Insurance Services Office, Inc., Page 2 of 5 with its permission. COMMERCIAL AUTO a. Any fellow"employee" of the "insured" arising out of and in the course of the fellow"employee's" employment or while performing duties related to the conduct of your business, or b. The spouse, child, parent, brother or sister, of that fellow "employee" as a consequence of Paragraph a.above. However, we will cover"bodily injury" caused by your"employee" to his or her fellow"employee" if the "bodily injury" results from the use of a covered "auto" you own or hire; the covered "auto" is used with your permission; and if you have workers' compensation insurance in-force covering all of your "employees." 2. Coverage is excess over any other collectible insurance. H. HIRED AUTO PHYSICAL DAMAGE The following is added to SECTION III-PHYSICAL DAMAGE COVERAGE, A.Coverage: 1. If hired "autos" are covered "autos" for Liability Coverage and if Physical Damage Coverage is provided under this Coverage Form for owned "autos", then the Physical Damage Coverages provided are extended to any "auto" you,hire or t)orrow from someone other than your"employees", members or partners, or any member of their household. 2. The most we will pay for"loss" in any one"accident" is the lesser of: a. $50,000, subject to a policy annual aggregate limit of$100,000; b. The actual cash value of the damaged or stolen"auto"at the time of the"loss";or c. The cost of repairing or replacing the damaged or stolen "auto" with another "auto" of like kind and quality. 3. If you are legally liable for the "accident", we will also pay up to $1,000 per "accident" for the actual loss of use to the owner of the covered"auto". 4. Paragraph 2. above is subject to a deductible:, which is determined by the lowest deductible applicable to any owned"auto"for that coverage and vehicle type. If owned"autos" do not include this vehicle type, the lowest deductible on the policy for the same physical damage coverage will apply. No deductible applies to"loss"caused by fire or lightning. 5. a. Hired Auto Physical Damage coverage is primary for any covered"auto"you hire without a driver, and excess over any other collectible insurance for any covered"auto"that you hire with a driver. b. SECTION IV—BUSINESS AUTO CONDITIONS, Paragraph B.5.b.Other Insurance is amended to delete the following: However, any"auto"that is leased, hired, rentEKI or borrowed with a driver is not a covered"auto". 6. If symbol 8 is shown on the Covered Auto section of the Policy Declarations page for any of the physical damage coverages, then the Hired Auto Physical Damage Coverage described in this endorsement does not apply. 7. This coverage does not apply to leased "autos" for which you are required to provide physical damage coverage as part of a written lease agreement. I. HYBRID AUTO PAYMENT COVERAGE 1. In the event of a total "loss" to a non-"hybrid auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under the Business Auto Coverage form, then Physical Damage Coverages are amended as follows: a. If the "auto" is replaced with a "hybrid auto" or"electric auto"we will pay an additional 10% of the non-"hybrid auto's" actual cash value or replacement cost, to a maximum of$2,500, whichever is less, b. The "auto" must be replaced and a copy of a bill of sale or lease agreement must be received by us within 60 calendar days of the date of"loss"; and ACA00230512 Includes copyrighted material from Ilnsurance Services Office, Inc., Page 3 of 5 with its permission. COMMERCIAL AUTO c. If more than one "auto" is damaged in any one "loss", the most we will pay under this Coverage for any one"loss" is$5,000. 2. For the purpose of this coverage provision the following Definitions are added: a. "Hybrid auto" is defined as an "auto", including a hybrid "electric auto" that is powered by two sources, an internal combustion engine, and an electric motor. b. "Electric auto" is an "auto" that is powered by an electric motor instead of a gasoline engine. The "electric auto" uses energy stored in its rechargeable batteries, which are recharged by common household electricity. J. KNOWLEDGE OF AN ACCIDENT,CLAIM, SUIT OR LOSS The following Paragraph is added to SECTION IV-BUSINESS AUTO CONDITIONS, A.2. Duties In The Event Of Accident,Claim, Suit Or Loss: Prompt notice of an "accident", claim, "suit' or"loss" to an agent or"employee" of the"insured" will not in itself constitute your knowledge of such "accident", claim, "suit" or "loss" unless an executive officer or manager of the"insured's" operation receives such notice from its agent or"employee". K. SIGN COVERAGE The following is added to SECTION III—PHYSICAL DAMAGE COVERAGE, A. Coverage: We will pay for loss to signs, murals, paintings, or graphics, as part of equipment, which are displayed on a covered"auto". 1. The most we will pay for"loss" in any one"accident" is the lesser of. a. The actual cash value of the property at the tirne of"loss"; or b. The cost of repairing or replacing the damagE:d or stolen property with other property of like kind and quality; or c. $1,000. 2. This coverage does not apply to Hired Auto Physical Damage Coverage. L. TOWING AND LABOR COSTS SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, 2. Towing is deleted and replaced by: We will pay up to the limit shown in the Declarations or$250, whichever amount is higher, for towing and labor costs incurred each time a covered"auto" is disabled. However, the labor must be performed at the place of disablement. M. TRANSPORTATION EXPENSES SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverages, 4.a. Transportation Expenses is deleted and replaced by: 1. We will pay up to $75 per day, for up to 30 days, for temporary transportation expenses incurred by you because of"loss"to a covered"auto". 2. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. 3. If the"loss" is due to theft of a covered"auto" we will pay transportation expenses after the theft and ending when the covered"auto" is returned to use or we pay for its"loss". 4. We will pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered"auto". ACA00230512 Includes copyrighted material from Insurance Services Office, Inc., Page 4 of 5 with its permission. COMMERCIAL AUTO N. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following Paragraph is added to SECTION IV -- BUSINESS AUTO CONDITIONS, B.2. Concealment, Misrepresentation Or Fraud: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, such failure will not prejudice the coverage provided to you. However, this provision does not affect our right to collect additional premium for any additional hazards or exercise our right of cancellation or non-renewal. O. WAIVER OF DEDUCTIBLE — REPAIRED GLASS AND STOLEN AUTOS EQUIPPED WITH RADIO FREQUENCY TRANSCEIVERS The following Paragraphs are added to SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible: 1. A deductible does not apply to "loss" to glass used in the windshield, doors, and windows, if the glass is repaired rather than replaced. 2. A deductible does not apply to covered "autos" that are stolen if they are equipped with a radio frequency transceiver that is part of a stolen vehicle recovery system and: a. You promptly report the theft to the police and inform them that the stolen"auto" is equipped with a radio frequency transceiver; b. Such transceiver was installed, inspected and maintained according to guidelines provided by the transceiver's manufacturer;and either c. The covered"auto"sustains damage as a result of being stolen; or d. The covered"auto" is not recovered within 90 days of the theft. P. WAIVER OF SUBROGATION The following Paragraph is added to SECTION IV— 1USINESS AUTO CONDITIONS, A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any rights of recovery we may have again:3t any person or organization because of payments we make for"bodily injury" or"property damage" but only to the extent that subrogation is waived prior to the"accident"or the"loss" under a written contract or,written agreement with that person or organization. All other terms and conditions of the policy remain unchanged. ACA00230512 Includes copyrighted material from Insurance Services Office, Inc., Page 5 of 5 with its permission.