Agenda packet — Orinda City Council, April 7, 2026 (part 2 of 2)

2.0 OPTIONAL SERVICES
This list of 2.0 tasks ore suggestions for additional deliverables that CALA might prepare to help the City address potential outreach, graphics/fundraising. estimating/phasing, and grant application needs. Actual services would be determined by the City at a later date.

2.01 Outreach Materials: Prepare image boards illustrating park design elements that can accommodate limited public input, such restroom and bandstand finish materials.

Prepare a project timeline board to educate the public about the design effort that's transpired. community input received to date, and elements of the pion that the community can provide input on.

2.02 Supporting Imagery: Revise supporting ;magery boards originally prepared in 2016 to reflect the master plan changes noted in task l .02.

2.03 Review Meeting: Meet with City stoft to review the graphic materials and solicit input for modifications. Resolve direction for proceeding. Prepare meeting summary.

2.04 Community Meeting: Present ttie final master plan to the community at an on-site, open house style public meeting to be held over a two hour period. Utilize dot voting exercises and a written survey to solicit public input on specific elements of the park design. Prepare meeting summary.

2.05 Phasing Estimate: Prepare a phasing esfimate to separate total project costs info smaller, individual construction phases.

2.06 Grant Application: Prepare additional take-offs. supporting graphics, descriptive text, or focused cost estimate to support work completed by the City's grant writer.

3.0 NOT USED

4.0 NOT USED

5.0 ADDITIONAL SERVICES

5.01 All tasks not specifically noted above could be performed as additional services.

These tasks would include. but not be limited to, all revisions or additional submittals required by the Client or any other agency's review, other meetings, topographic surveying, engineering, construction documentation. environmental cleoronce, additional design studies. or other tasks not specifically noted in the foregoing. These services would be billed hourly or on a lump sum fee basis to be documented in a written amendment to this agreement.

6.0 REIMBURSABLE EXPENSES

6.01 In addition to billing for the above services, we would bill for all printing and reproduction, delivery, horticultural soils samples, the communication and insurance surcharge, subconsultant administration and other reimbursable expenses as noted in the attached Standard Schedule of Compensation. You should establish a P2654_AGR_Scope.doc Cl copyrighted 2021 Caffancf-, M,cci.a~s Landseape, A.r~hit~turt, Inc.

Item F.5
Packet Page 144
lJocuSign Envelope ID: 2CD7495D-0294--4731 ·AA6F·F0946DCC532F Mr. Todd Trimble
RE: ORINDA COMMUNlTY PARK/ proposal for moster planning services November 18, 2021
Poge3of3
tentative budget for these expenses (see 7.0 Compensation Summary belowJ . These costs will be itemized on our invoice and compared monthly with the total allowances to assist you in monitoring these costs.

7.0 COMPENSATION SUMMARY

1.0 Final Master Plan (lumpsuml ....................................................... $6,004

2.0 Optional Tasks [hourly. with on ol!owonce ofJ ................................. $12,000

6.0 Reimbursable Exoenses lq)lowancel ............. ,. ........... , ... ., ..... ., ... $) 156 Total Compensation ............................................................................ $19, 1.S0 We appreciate this opportunity to continue working with you to implement the park master plan. If this proposal is acceptable to you, please forNard the City's standard form of agreement as our authorization to proceed.

Marie Mai, PLA, ASLA, Principal
c ·ollander Associates Landscope
Architecture, Inc.
11 /18/21
date
Allochments: standard Schedule of Compensation doted 2022 Task Matrix doled I 1/18/2021
Notice: Landscape architects ore lic ensed by the Stole of California.

Terms and conditions are subject to chot'lge otter ninety days.

P2654_AGR_Scope,doc @ capyrighltd 2021 C.118rider AU-Q4:iatt• L•n&ai,pt A.rdiJ'tact.urr, Inc-.

Item F.5
Packet Page 145
OocuSign Envelope ID: 2CO7495O-0294-4731-AA6F-F0946DGC532F www.collonderassociotes.com
Recreate
Standard Schedule of Compensation 2022 San Jose & Burlingame Educate
Live+Work
Connect
Sustain

GENERAL
The following list of fees and reimbursable expense items shall be used in the provision of services described in the agreement. These amounts shall be adjusted in January, upon issuance of on updated Standard Schedule of Compensation:

Hourly Rates
Principal
Senior Associate
Associate
Construction Manager
Senior Project f\/ianager
Project Manager 1
Project lv\anager 2
Job Captain
Designer 1
Designer 2
Assistanf Designer
Accounting
Senior Project Administrator
Project Administrator
Reimbursable Expenses Rates
Expenses
printing and reproductions, postage and
delivery, mileage, fraveJ expenses (hotel I
food), testing ond outside services, ond other
project related expenses
$226 /hour
$206 / hour
$196 /hour
$173 /hour
$177 /hour
$170 /hour
$160 /hour
$149 /hour
.$139 /hour
.$127 /hour
$113 /hour
$172 /hovr
$130 /hour
$1 16 /hour
cost+ 15%
Communications and Insurance Surcharge 2.5% of fotal fees Subconsultqnt Administration I 0% of Subconsulfant Costs

PAYMENTS
Payments are due within ten days ofter monthly billing. Callander Associates reserves the right to suspend services for non-payment if payment is no1 received within a period of 60 doys after invoice date. Additionally invoices 60 days pasf due are subject to a 1.5% per month interest charge. Retainer amounts, if indicated, are due upon signing fhe agreement and shall be applied to the final invoice for the prof ect.
8llRIINGAME
1633 Boyshore Highway. Suite 133
Bur1ingome, CA 94010
T 650.375.1313
GOlD RIVER
12150 Tributary Point Drive. Suite 140
Gold River, CA 95670
1 916.985.4366

SAN JOSE
2025 Ga1ewoy Place. Suite 285
San Jose, CA 95113
T 408.275n565
Item F.5
Packet Page 146
Phase Description

1.0 final Meuler Plan

1.01 Start- Up Meeting

1.02 Updated Final Master Pion
- -

1.03 Cost Estimate
-

1.04 Phasing Plan

2.0 Optional SeNlces
2,01 Ou1reach Materials

2.02 Svpporting Imagery
-

2.03 Review Meeting

2.04 Community Meeling

2.05 Phasing ·Estimate

2.06 Grant Application
P2654_FEE_RE\/l .xh
Cc::cp-yrtgh1ed 2021 Ct:1lloPlder Ailocbt~
Lc;md~copa ArehileCh.A'E!-1 ln.c.
-
SU8TOTAl 1.0
·-·-
-
- -- --
SUBTOTAl 2.0
Principal
@ $226
hrs $'s

3.o I $ 678.00

0.5 $ l 7 3JX)
05 $ 113.00
-- -

1.0 I$ 226.00
s.o I 1,130.00
o._s~ $ 113.00
- $ -
-

2.0 $ 452.00

6.0; $ 1,356.00

2.0 L.$ 452,00
- ----4-- ·--···-··

1.0 $ 226.00

11.S s 2,599.00
Task Matrix
Orinda Community Park
17/19/2027
Callander Associates' Personnel and Rates
Proj Manager 1 Designer 1 Administrator
@ $170 @ $139 @ $116 CA Fees
hrs $'s hrs $'s hrs I $'s hrs $'s

3.o I $ 510.00 - $ - 0.5 $ 58.00 -6_5-i $ 1,246.00
I- . - I

2.0 l $ 340.00 14,0 $ 1,946.00 - I $ 16.5 $ 2,399.00
- - - - -- -

1.0 $ 170.00 4.0 $ 556.00 0.5 $ 58.00 6.0 I$ 897.00

4.0 $ 680.00
i

4.o I $ 556.00 - $ 9.0 I$ 1,462.00

10.0 $ 1,700.00 22.0 I $ 3,058.00 1.5 s 116.00 3s.001 s 6,004.00

2.0, $ 340.00 16.0 I$ 2.224.00 - I $ - 18,5 $ 2,677.00 t. -

2.0 j $
I

1.0 i $ 170.00 278.00 - l_.$ - 3.0 $ 448.00 ----- --- -.-- - -

2.0 $ 340.00 - $ . 0.5 $ 58.00 4.5 $ 850.00
-----··-
..
~--
-·-

6.0 $ 1,020.00 - $ - 0.5 $ 58.00 12.5 i $ 2,434.00

2.0 I$
- ------

0.5 r $ .. 4.0 $ 680.00 278.00 58.00 8.5 $ 1,468.00
--· I

6.0 $ 1,020.00 10.0 $ 1,390.00 - $ 17.0 $ 2,636.00
21,0 $ 3,570.00 30.0 $ 4,170.00 1.5 $ 174.00 64.0 s 10,513.00

Page 1 of 1 ends

0 !:!
(/l
c5'
:,
rn
:,
<
(I)
0 "Cl
Cl)
q
N
(l
0 --...
?
0 N
'€
.I,.
--(,J
...
;1
.,.,
0 <a "'" a,
Cl
(l (l
(.II
(,J
N
.,.,
Item F.5
Packet Page 147
DocuSign Envelope ID: 2CD7495D-02\M--4731-AA6F-F0946DCC532F ACORD8

CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDD/YVYY) ~ 12/20/2021
~
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGliTS UPON THE CERTJFICATE 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 CONTRA.CT BETWEeN THe ISSUING INSURER{S}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy{les) must have ADDITIONAL INSURED provi$/Ons or be endorsed.

If SUBROGATION IS WAIVED, subject to the term11 and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ~hts to the certificate holder in lieu of s.uch endorsement($).

PRODUCER ~~tt=T_DorisA. Chambers _ __ AssuredPartners Des§· n Professionals Insurance Services, LLC IM.NJ~.~) 472-1~ -""li=AX
3697 Mt Diablo Blvd uite 230 _ __ l,A/C, Not:.

Lafayette CA 94549 _m~~s: Dorts.Chambers@AssJ,lred~art~!)ITI - ltfSURER!SJ.M'FORDING COVERAGE _ ~~-
- - - - --..J&ensett,l)003745 INSURER A: Sentinel Insurance Company __ 11oqq__ INSURED CALI.AASS01 .!!!_llUR~R B : Trumbull Insurance CQ(TIP,a,!1)' _ __ 27120 Callander Assoctates
Landscape Architecture, Inc. •~su.RER c : NAVIQP.,TORS IN SURAN~~ COMP._ANY 42307 12150 Tributary Point Drive, Suite 140; .!NSUR~ - -- Gold River CA 95670-4259 INSU~~ --- -·--· - INSU~F :

COVERAGES CERTIFICATE NUMBER· 2058999368 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. NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIRCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t,;r-- ·- -- ~~:~1 - · - - - , --r.1 i>oLrcv EFF ! POL\ic~v - "·, - TYPE OF INSURANCE POLICY NUMBER ,,...,,nlll'n'V'll IMM/1) LIMITS A X • COMIIIERCIAL GENERAL I.IABILITY y y 57S8WBM 627 12/31/2021 l 12/3112022 EACH OCCURRENCE $2,~,!>,!),000 ~ 0 "'CliUMGE To ReNTEo , ; CLAIMS-MADE X OCCUR I ~ES !fa occurrence ~ 1,0~0.000 ----i-- - -- MED ~XP (A!!Y one person) $10,~0 -
~
SONAL & ADV INJURY_ $2,000,000
GEN1. AGGREGATE LIMIT APPUES PER: NERALAG~~GATE_ -···· $ 4,~Q.O,ooo ·--i POLICY 0 X ~ OLOc _ OOUCTS·COMPIOPAGG __ $4,000000 -, OTHER: I $ A AUTOMOVILE LIABILITY y l y 57SBWBM4627 12/31/2021 12/31/2022 • COMBl~EO SINGLE LIMIT S 1,000,000 1..IE• ~oc,!l!!!J!l .. ··-~ ANY Al/TO BODILY lNJURY !~"' P"'•on) s
OWNED lK SCHEDULED
I
·--,· • BOOIL y INJURY (Per ace.rent) s ··- ., AUTOS DNL Y _. AITTOS l ~•.• . X I HIRED NON-OWNED PROPERTY DAMAGE $ -j AUTOS ONLY Al/TOSONLY , (Per acci~ntJ I s
A X , UMIJIU:LLA LIAB X OCCUR ,,, I y 57SBWBM4627 l 12131/2021 12/31/2022 i EA,9!:!E'?CURRE N~ $ \000,000 ·7 EXCESS LIA8 - ~Ape· ~ ~~lATE':_ s~Lo90.~oo ; OED ! ---
""TENTION S I I $
a WORKERS COMPl:NSAT!ON
y /N l I y I 571M=.CAC1962. 12/31/2021 12/31/2022 ~ ER LJOT~ AND EMPLOYERS' LIA61LITY , ST8TL[TE. l"R - ANYPROPRIETOR/PAR'INERIEXECUTIVE A ~~.,21-i ~CCIOENT S 1,000,000 OFFICER/MEMBEREXCLUDEIY/ (Mandatory In N~) ; E.L .. ?IS_!:ASE_ :~LOYEE~000,000
~l;"M~~~ ~/~PERATIONS below E.l. DISEASE· POLICY LIMIT I $ 1 000 000 C Pmfessionlf y NY21DPU:06S5EJV • 12/31/2021 12/3112022 s2.ooo,000 per Clelm Liability I $4,000.000 Anni Aggr.
l I DESCRIPTION O~ OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Aolditionaf Remarl<s Scha<lul", may be atuoche<I If "'°"'space i• n,qui,ed) The Excess-Umbrella Liabllltk coverage is FolloWin~orm lo the Commercial General Uabili}, Automobile Liability and Employers' liability policies. REF: Orinda Community Par - GENERAL LIABILI /AUTOMOBILE LIABILITY ADDITION L INSURED: City, Its officers. officials, employees, and volunteers are named as Additional Insured as respects General Liability and Auto Liabilio/ as required per written contract or agreement General Liabilill' is Primary/Non-Conlributory per policy form wording. Waiver of Subrogation applies to Commercial General LiabHily, Automobile Liability and Workers Compensation. Professional Llabilily Retro Date: 11/1/1973. Notice of Cancellation: It is understood and agreed that in the event of cancellation of the policy for any reason other than nonpayment of premium, 30 days written notice will be sent to the certificate holder by mail, In the event the policy Is cancelled for non payment of premium, 10 days written notice wiU be senl to the above.

CERTIFICATE HOLDER CANCELLATION 30 Days Notice of Cancellatlon

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL Bli DELIVERED IN ACCORDANCE WlTH THE POLICY PROVISIONS.

City of Orinda
28 Orinda Wa~ AUTHORIZEO REPRESENTATIV!l. Orinda CA 94 63 C4'~~
I
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Item F.5
Packet Page 148
DocuSign Envelope ID: 2CD7495O-0294-4731-AA6F-F0946DCC532t= Policy # 57SBV\/BM4627
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ JT CAREFULLY.

ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. • WHO 1$ AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selecUon of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above ..

The insurance afforded to such additional
insured:
(a) Only applies to the extent penmitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. It is agreed that the following paragraphs are added to the snd of subsections 1. and 8. of Section F -
Form SS 5114 0417

OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. • OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:

The insurance afforded by this subsection does not
apply if your acts or omissions, or the acls or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", nproperty
damage" or wpersonal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, qualily control,
architectural, engineering or surveying
activities or seNices;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) SupeNision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.

The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

Page 1 of 1 ends

© 2017, The Hartford
Item F.5
Packet Page 149
DocuSlgn Envelope ID: 2CD74950-0:l94-4731-AA6F-F0946DCC532F Policy # 57S8\NBM4627
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member {if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your •·employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
( 1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voling stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage witt, respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage''
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of suet, person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a oo-"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
·insured with respect to:
a. nBodily injury• to a co-uemployee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds whan you have agreed, in a written
57SBWBM4627
Page11 of24
Item F.5
Packet Page 150
DocuSign Envelope ID: 2CD7495O-0294-4731-AA6F-F0946DCC532F Policy # 57SBWBM4627

BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
57s~vvB~~~mal Additional Insured Coverages.
a. Vendors
Any person(s) or organizatlon(s) (referred to
below as vendor), but only with respect to
"bodily injury'' or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products--completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

Page 12 of 24 ends

This insurance does not apply to:
(a) "Bodily injury" or "property
damagen for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in ttie
original container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operatlons.
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f): or
(ii) Such inspections, adjustments,
tests or seNicing as the vendor
has agreed to make or nonnally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
{2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering Into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", Mproperty 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.

Form SS 00 08 04 05
Item F.5
Packet Page 151
DocuSign Envelope IIJ: 2CD7495D-0294-4731-AA6F-F0946DCC532F Policy # 57SBWBM4627
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
{a} Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises: or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury'', Mproperty damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
{b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:

This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications: or
(b) Supervisory, inspection,
architectural or englneerlng
activities.

Form SS 00 08 04 05

BUSINESS LIABIUTY COVERAGE FORM
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) nBodity injury" or "property damage"
included within the "productscompleted operations hazard". f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect lo liability for "bodily injury",
"property damage" or "personal and
advertising injury'' caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the ~products•
completed operations hazard", but
only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "productscompleted operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, tnis
insurance does not apply to:
57SBWBM4627
"Bodily injury", "property damage" or
"personal and advertising injury"
arising oul of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:

Page 13 ends

Item F.5
Packet Page 152
DocuSign Envelope ID: 2CD7495D-0294-4731-AA6F-F0946DCC532F Policy # 57SBWBM4627

BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders.
change orders, designs or
drawings and specifications: or
(b) Supervisory, inspection,
architectural or engineering
activities.

The limits of insurance that apply to additional
insureds are described in Section D. - Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
Is described in the Other Insurance Condition
in Section E. - Liability And Medical Expenses
General Conditions.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
578B~arations.

0. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of;
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

2. Aggregate Limits
The most we will pay for:
a. Damages because of •bodily injury" and
"property damage" included in the
"products-completed operations hazard" is
the Proclucts-Completed Operations
Aggregate limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.

Page 14 ends

This General Aggregate limit does not
apply to "property damage" to premises
while rented fo you or temporarily
occupied by you with permission of the
owner, arising out of fire. lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
~property damage" and medical expenses
arising out of any one "occurrence~ is the
Liability and Medical Expenses Limit shown In
the Declarations.

The most we will pay for all medical expenses
because of "bodily injuryn sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
ln the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from f1re, lightning or explosion
___ o.;;.;r'"'an..t.9.ombination of these.

6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.

Form SS 00 08 04 05
l
Item F.5
Packet Page 153
DocuSign 1:=-nvelope ID: 2CD7 495D-0294-4 731-AA6F-F0946DCC532F Policy # 57SBWBM4627
If more than one limit of insurance under this
policy and any endorsements attached therelo
applies to any claim or "suit", the most we wm pay
under this policy and the endorsements is the
single highest limit of liability or all coverages
applicable lo such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the Policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
5758w!!~~,nining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place:
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage ans1ng out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or nsuit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
{2) Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must
Form SS DO 08 04 05

BUSINESS LIABILITY COVERAGE FORM
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
{2) Authorize us to obtain records and
other infonnation;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The lnsured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional lnsured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insurecl only when such
"occurrence", offense, claim or "suit" is
known to:
(1} You or any additional insured that is
an individual:
(2) Any partner, if you or an additional
insured is a partnership;
(3) fvly manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust: or
{6) Any elected or appointed official, if you
or an additional Insured is a political
subdivision or public entity.

Page 1 ends

Item F.5
Packet Page 154
DocuSign Envelope ID: 2CD7495U-0294-4731-AA6F-F0946DCC532F Policy # 57SBWBM4627

BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.

3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the Insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provlde the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otheiwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.

A per.;on or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
thls insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us. the insured and the
claimant or the daimant's legal representative.

5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
57SBWBM4@~aim is made or ~suir is brought.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete:
(2) Those statements are based upon
representations you made to us; and

Page 16 ends

(3) We have issued this policy in reliance
uPon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except wtien b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excessfnsurance
This Insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liabllity
That is Insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. - Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. -
Coverages.

Form SS 00 08 04 05
Item F.5
Packet Page 155
DocuSlgn Envelope ID: 2C07495D-029<µ1731-AA6F-F0~6DCC532F Policy# 57SBWBM4627
(6) When You Are Added As An
Additional Insured To Ofher
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance Is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
pennit that this insurance is
primary and non-contributory wi1h
the additional insured's own
insurance, this insurance Is
primary and we will not seek
contribution from that other
Insurance.

Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
57SBWBMiWwtional insured.

When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit'' if any
other insurer has a duty to defend the
insured against that "suit". If no other
Insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.

Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and selfinsured amounts under all that other insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.

Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.

Page 17 of 24 ends

Item F.5
Packet Page 156
DocuSign Envelope ID: 2CO7495O-U2944731·AA6F-F0946DCC532F Policy # 57SBWBM4627 if
THtS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

HIRED AUTO AND NON-OWNED AUTO
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the
BUSINESS LIABILITY COVERAGE FORM not
expressly modified herein:

A. Amended Coverage:

Coverage is extended to "bodily injury" and
~property damage" arising out of the use of a "hired
auto" and "non-owned auto".

8. Paragraph B. EXCLUSIONS is amended as
follows:

1. Exclusion g. Aircraft, Auto or Watercraft does
not apply to a "hired auto" or a "non-owned
auto".

2. Exclusion e. Employers Liability does not
apply to "bodily injury" to domestic "employeesn
nol entitled to workers' compensation benefits
or to liability assumed by the "'insured" under an
"insured contract".

3. Exclusion f. Pollution is replaced by the
following:
"Bodily injuryA or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled.
or handled for movement into, onto or
from, the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto",
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
Form SS 04 38 09 09
moved from the place where they are
accepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the Apollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured~.

Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" that are needed for or
result from the normal electrical, hydraulic
or mechanical functioning of the covered
"auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate,
or are discharged or released directly
from an "auto" part designed by its
manufacturer to hold, store, receive, or
dispose of such "pollutants"; and
(2) The "bodily injury'' and "property
damage" does not arise out of the
operation of any equipment listed in
paragraphs 15.b. and 15.c. of the
definition of "mobile equipment".

Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with
respect to "pollutants" not in or upon a
covered "autow if:
(1) The "pollutants" or any property in
which the "pollutants" are contained are
upset, overturned or damaged as a
result of the maintenance or use of a
covered "auto"; and

Page 1 of 3 ends

© 2009, The Hartford
(Includes copyrighted material of ISO Properties, Inc., with its permission) Item F.5
Packet Page 157
DocuSign Envelope ID: 2CU7495D-0294-4731-AA6F-F0946DCC532F Policy # 57SBl/JBM4627
(2} The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants• is caused directly by such
upset, overturn or damage as a result of
the maintenance or use of a covered
"auto".

4. With r0spect to this coverage, the following
addilional exclusions apply:
a. Fellow employee
Coverage does not apply to "bodily injury'' to
any fellow "employee" of the "insured"
arising out of the operation of an "auto"
owned by the "insured" in the course of the
fellow "employee's" employment.
b. Care, custody or control
Coverage does not apply to "property
damage" involving property owned or
transported by the "insured" or in the
"insured's" care, custody or control.

C. With respect to "hired auto" and "non-owned auto8
coverage, Paragraph C. WHO IS AN fNSUREO is
deleted and replaced by the following:

The following are "insureds":
a. You.
b. Your "employeeff while using with your
permission:
(1) An "auto" you hire or borrow; or
{2) An "auto" you don't own, hire or borrow in
your business or personal affairs; or
(3) An •auto" hired or rented by your
"employee" on your behalf and at your
direction.
c. Anyone else while using a "hired auto" or "nonowned auto" with your permission except:
(1) The owner or anyone else from whom you
hire or borrow an "auto".
(2) Someone using an auto while he or she is
working in a business of selling, servicing,
repairing, parking or storing "autos" unless
that business is yours.
(3} Anyone other than your "employees",
partners (if you are a partnership), members
(if you are a limited liability company), or a
lessee or borrower or any of thelr
"employees", while moving property to or
from an "auto".
(4) A partner (if you are a partnership), or a
member (if you are a limited liability

Page 2 of 3 ends

company) for an "auto" owned by him or her
or a member of his or her household.
d. Anyone liable for the conduct of an •insured"
described above but only to the extent of that
liabUity.

D. With respect to the operation of a "hired auto" and
"non-owned auto", the following additional
conditions apply:

1. OTHER INSURANCE
a. Except for any liability assumed under an
"insured contract" the insurance provided by
this Coverage Form is excess over any
other collectible insurance.

However, if your business is the selling,
servicing, repairing, parking or storage of
"autos", the insurance provided by this
endorsement is primary when covered
"bodily injury" or "property damage" arises
out of the operation of a customer's "auto"
by you or your "employee".
b. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of Insurance of our
Coverage Form bears to the total of the
limits of all the Coverage Forms and policies
covering on the same basis.

2. TWO OR MORE COVERAGE FORMS OR

POLICIES ISSUED BY US
If the Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us apply to the same
Naccident", the aggregate maximum Limit of
Insurance under all the Coverage Forms or
policies shall not exceed the highest applicable
limit of Insurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or an
affiliated company specifically to apply as
excess insurance over this Coverage Form.

E. The following definitions are added:

G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS:

1. "Hired auto" means any "auto" you lease,
hire, rent or borrow. This does not include
any auto you lease, hire, rent or borrow
from any of your "employees", your partners
(if you are a partnership), members (if you
are a limited liability company),
Form SS 04 38 09 09
Item F.5
Packet Page 158
DocuSign Envelope ID: 2CD7495D-0294-4731-AA6F-F0946DCC532F Policy# 57SBV\IBM4627
or your "executive officers" or members of
their households.

This does not include a long-term leased
"auto" that you insure as an owned "auto"
under any other auto liability insurance
policy or a temporary substitute for an
"auto" YoU own that is out of service
because of its breakdown. repair, seivicing
or destruction.

2. "Non-owned auto " means any "auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. "Autos" owned by your "employees" your
partners (if you are a partnership),
members (if you are a limited liability
company), or your "executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer's "auto" that is in your care,
custody or control for service.

Form ss 04 38 09 09 Page 3 of 3
Item F.5
Packet Page 159
DocuSign Envelope ID: 2CD7495D-0294-4731-AA6F-F0946DCC532F

EXTENDED OPTIONS

1. Employers' Liability Insurance
Item 3.B. of the Information Page is replaced by
lhe following:

B. Employers' Liability Insurance:
1 Part Two of the policy applies lo work in
each state listed In Item 3.A.

The Limits of Liability under Part Two are
the higher or:

Bodily Injury
by Accident $500,000 Each Accident
Bodily Injury
by Disease _!500,000 Policy Limit
Bodily Injury
by Disease sso~.ooo Each Employee
OR

2. The amount shown in the Information
Page.

This provision 1 of EXTENDED OPTIONS does not
apply in New York because the Limits Of Our
Liability are unlimited.

In this provision the limits are changed from
$500,000 to $1,000,000 in California.

2. Unintentional Failure to Disclose Hazards
If you unintenUonally should fail to disclose all
existing hazards at the inception date of your
policy, we shall not deny coverage under this
policy because of such failure.

3. Waiver of Our Right To Recover From Otliers
A 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
any person or organization for whom you
perform work under a written contract that
requires you to obtain this agreement from us.

This agreement shall not operate directly or
Indirectly to benefit anyone not named in the
agreement.

B. This provision 3. does not apply in the states
of Pennsylvania and Utah.

Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)

4. Foreign Voluntary Compensation and
Employers' Liability Reimbursement
A. How This Reimbursement Applies
This reimbursement provision applies to bodHy
injury by accident or bodily injury by disease.

Bodily injury includes resulting death.

1. The bodily injury must be sustained by an
officer or employee.

2. The bodily injury must occur in the course
of employment necessary or Incidental to
work: in a country not listed in Exclusion
C.1. of this provision.

3. Bodily Injury by accident must occur
during the policy period.

4. Bodily injury by disease must be caused
or aggravated by the conditions of your
employment. The officer or employee's
last exposure to those conditions of your
employment must occur during the policy
period.

B. We Will Reimburse
We will reimburse you for all amounts paid by
you whether such amounts are:

1. voluntary payments for the benefits that
would be requirecl ot you if you and your
officers or employees were subject to any
workers' compensation law of the state of
hire of the individual employee.

2. sums to which Part Two (Employers·
Liability Insurance) would apply if the
Country of Employment were shown in
Item 3.A of the lnformalfon Page.

C. Exclusions
This insurance does not cover:

1. any occurrences in the United States,
Canada, and any country or jurisdiction
which is the subject of trade or economic
sanctions imposed by the laws or
regulations of the United States of
America in effect as of the inception date
of this policy.

2. any obligation imposed by a workers'
compensallon or occupational disease
law, or similar law.

3. bodily injury intentionally caused or
aggravated by you.

Item F.5
Packet Page 160

CITY OF ORINDA
AMENDMENT No. 3 TO SERVICES CONTRACT
Callander Associates ("Provider") and the City of Orinda ("City"), a municipal corporation, previously entered into a contract with an effective date of June 8, 2016 relating to design and development of an Orinda Community Park Master Plan. Section 18 of that agreement provides that, "No waiver, modification or termination of this agreement is valid unless made in writing."
I
City and Provider mutually agree to amend the agreement as follows:

1. Replace Section 3(c) "Time of Perfonnance" so it reads as follows:
c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City.

2. Replace Section 4(a) "Compensation" so it reads as follows:
a. City agrees to pay Provider at the rates described in Exhibit A, not to exceed a maximum contract price of $101,982 for al I services performed under this agreement.

In all other respects, the agreement shall remain unchanged and in full force and effect.

City~ :T~s
____ 70~0B~A8DCBBF541 3 ... ________ _
City Manager
Callander Associates
Date ' oa?e
Printed Title
Anr ;.:gn~
_ L 8216939EOOF6464 ...

Printed Name
City Clerk
Approved as to form ~ DoeuSigned by:

L ~F4~~439
City Attorney
1684482.1
Item F.5
Packet Page 161

May 16, 2023
ADDITIONAL SERVICES AUTHORIZATION #1
TO: Mr. Todd Trimble, City of Orinda
28 Orinda Way
Orinda, CA, 94563
Email: [email protected]
www.callanderossociates.com
Recreate
Educate
Live+Work
Connect
Sustain
RE: ORINDA COMMUNITY PARK/proposal for schematic design services A group of Orinda residents is interested in potentially spearheading o fundraising campaign to help implement one or more improvement phases at Orinda Community Parle To provide a clearer pion of action tor tundraising, including evaluation of potential value engineering alternatives, refinement of the construction cost estimate, and refinement of the extent and number ot potential phases, CALA proposes to complete the tasks below.

Doing so will provide the Cify (and potential fundraising partners) with a more accurate cost estimate and will help to demonstrate to potential grant agencies a more 'shovel ready' project. Services such as electricot engineering and geotechnical engineering are excluded in order to keep this effort streamlined. The following additional services will be provided on this project in accordance with our agreement dated June 8, 2016 and are considered an amendment thereto:

Scope

1. Topographic Survey: Retain a topographic surveyor (BKF Engineers) to conduct aerial mopping of the site at 20 scale per attached Project Limits Diagram. Contours shall be shown at one (1) foot intervals or as appropriate to define slopes. Allow for three (3) days of supplemental field work and drafting to capture hardscape areas beneath tree canopies 6" and larger. The level of horizontal and vertical detail will be sufficient to allow CALA to develop the community park master plan to a schematic level ( 10%} of completion sufficient for cost and phasing refinements only.

Note that additional field work and drafting would be required to develop a topographic survey suitable for final design. Datum to be based on Contra Costa County's benchmark system.

2. SHe Reconnaissance: Review ava~able record drawings and evaluate existing utilities to determine required electrical. irrigation, and drainage improvements. Meet City par1::s maintenance staff on-site in a single meeting to determine available capacify and required upgrades of the existing irrigation system.

3. Regulatory Requirements Memo: Summarize in a written memorandum the anticipated regulatory requirements and thresholds as they pertain to proposed improvements and potential phasing options, including ADA accessibility, c.3 stormwater management, storm woter pollution prevention plan, and model water efficiency ordinance.

4. Schematic Park Pion: Prepare a schematic park plan at 20 scale based on the topo survey to a 10% level of completion. Plan will illustrate schematic level demolltion,

BURLINGAME
1633 Bayst,ore Highway. Suite 133
Bur1ingame, CA 94010
650.375.1313
l 6043AJ.SA#l _SchemoticDesign.doc

GOLD RIVER
12150 TributOI)' Point Dfive, Sule 1«)
Gold River. CA 95670
916. 985.4366

SAN JOSE
2025 Gofewoy Place, Suite 285
Son Ja,;e. CA 95110
408.275.0565
Item F.5
Packet Page 162

Additional Services Authorization # 1
RE: ORINDA COMMUNITY PARK/proposal for ,ehematlc design services May 16, 2023

Page 2 of 2 ends

grading, and layout of major site elements, for a total of 2 to 3 sheets. Prepare images board reflecting proposed materials, including site furnishings, fitness equipment, and play equipment to inform the cost estimate.

5. Cost Estimate: Prepare an updated estimate Of probable construction costs, including potential lower cost bid alternates and value engineering options.

6. City Review Meeting: Review the above materials in a single meeting. Identify priority improvements, desired phasing limits, and direction for proceeding. Make minor refinements. Prepare meeting summa,y.

7. Phasing Plan: Prepare o park phasing plan based on outcome of the City review meeting. It is anticipated that three phases are likely: restroom/bandstand, playground. and picnic / fitness / lawn area. Prepare a revised estimate of probabte construction costs reflecting the phases.

8. Stakeholder Meeting: Review the above materials in a single meeting to discuss revisions and direction for proceeding. Make minor refinements. Prepare meeting summary.

Compensation
Schematic Design Services
Callander Associates (lump sum) ........................................................... $26,102 BKF Engineers (lump sum) ......................................................................... $21,780 Reimbursables (allowance) ....................................................................... $1.600 Total Estimated Compensation ........................................................................... $49,-482 Schedule
Callander Associates will proceed to commence the above services upon receipt of a signed copy of this authorization.

Signatures
Callander Associates Landscape
Architecture, Inc.

Agreed and authorized to proceed for:

City of Orinda
~ JA_' 5/16/23
Morie Mai, ASLA. CPSI Signature
Principal I Landscape Architect CA #5369
Name & Title
Attachment: Standard Schedule of Compensation doted 2023 Task Matrix, doted May 16, 2023
Notice: Londscope architecfs ore ficensed by the State of California.

Terms and conditions are subject to change after ninety days. l6043A_ASA#1 _ SchematicDesign,doc IC) <OPl'rtght,)O W23 Ctllonder A,,oc;fn,s ltndsQ.pe Ardlltecture, I&.
date
Item F.5
Packet Page 163

www.calJanderassociates.com
Recreate
Standard Schedule of Compensation 2023 San Jose & Burlingame Educate
Live+Work
Conned
Sustain

GENERAL
The following list of fees and reimbursable expense items sholl be used in the provision of services described in the agreement. These amounts shall be adjusted in January, upon issuance of on updated Sfandord Schedule of Compensation:

Hourly Rates
Principal
Senior Associate
Associate
Arborist /Construction Ma nag er
Senior Project Manager
Project Manager 1
Project Manager 2
Job Captain
Designer l
Designer 2
Assistant Designer
Accounting
Senior Project Administrator
Project Administrator
Reimbursable Expenses Rotes
Expenses
printing and reproductions. postage and
delivery, mileage, travel expenses (hotel I
food), testing and ovtside seNices, ond other
project related expenses
Communications and Insurance Surcharge
$240 /hour
$218 /hour
$208 /hour
$183 /hour
$188 / hour
$180 /hour
$171 /hour
$158 / hour
$148 /hour
$135 /hour
$120 /hour
$182 /hour
$138 /hour
$123 /hour
cost+ 15%

2.5% of total fees
Subconsultant Administration 10% of Subconsulfont Costs

PAYMENTS
Payments are due within ten days after monthly billing. Callander Associates reserves the right to suspend services for non-payment if payment is not received within o period of 60 days otter invoice date. Additionally invoices 60 days past due are subject to a 1.5% per month interest charge. Retainer amounts, if indicated, are due upon signing the agreement and shall be applied to the final invoice for the project.

SURUNGAME
1633 Bay5hore Highway, Suite 133
Bur1irigome. CA 94010
T 650.375.1313

GOLD RIVER
12150 Trib utary Point Drive. Slife 140
GOid River, CA 95670
T 9 l 6.985.4366

SAN JOSE
2025 Gateway Place. Sutte 285
Sari Jose, CA 95110
T 408.275.0565
Item F.5
Packet Page 164

Phase Description lschemaflc Design Servfc:es -l Topographic Survey 2 Sile Reconnassiance - 3 Regulatory Memo 4 Schematic Park Pion 5 Cost Estimate 6 City Review Meeting 7 Phasing Plan - --
-
8 Slokeholder Meeting
SUBTOTAL 1,0
Subr::;onsultant Administration
I 6043AJEE.xls
@ cop,yrighfed 2(12:l Ccibndflr A!ilOCiatB5
l.tlnd~~ Archlh,c:h.no, Inc.

Pllnclpal
@ $240
hrs $'s
20 $ 480.00

5.0 $ 1.200.00

2.0 $ 480.00

12.0 $ 2,880.00

1.0 $ 240.00

3.0 $ 720.00

2.0 $ 480.00

3.0 $ 720.00

30.O $ 7,200.00
Task Matrix
Orinda Community Park - ASA #J
05/16/2023
Catlandftl' Auoc:/otes' Penonnel and Rates
!'roj Manager 2 Designer 1 Administrator BKF
@ $171 @ $148 @ $123 CA Fees Subconsultant
hrs $'s hrs $'s hrs $'s hrs I $'s $'s
---

2.0 I $ 342.00 - $ - - $ - 4.0 $ 822.00 $ -
- -

8.0 $ 1.368.00 - $ - - $ - 13.0 $ 2.568.00 $ -

4.0 $ 684.00
- h
- $ - 1.0 $ 123.00 7.0 $ 1,287.00 $ -
-

20.0 $ 3,420.00 42.0 $ 6,216.00 - $ . 74.0 $ 12.516.00 $ -

6.0 $ 1.026.00 12.0 $ 1,776.00 1.0 $ 123.00 20.0 $ 3.165.00 $ - --
- ·>-- $-- 4.0 $ 684.00 - $ - 1.0 $ 123.00 8.0 $ 1,527.00 - -

6.0 $ 1.026.00 8.0 $ 1,184.00 - $ - 16.0 $ 2,690.00 $ - - --
-

4.0 $ 684.00 - $ - l.O $ 123.00 8.0 $ 1,527.00 $ -

54.0 s 9,234.00 62.0 $ ,, 176.00 4.0 $ 492.00 150.00 $ 26,102.00 $ 1'1,800.00 10% $ 1,980.00
1__(,730

Page 1 of 1 ends

Item F.5
Packet Page 165

A.CORD9
CERTIFICATE OF LIABILITY INSURANCE I DATE (MMll>ll/YYYY) ~ 12/21/2022
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 fs an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer riqhts to the certificate holder in lieu of such endorsement(s).

PRODUCER ~;':l;':'CT Doris A. Chambers
AssuredPartners Design Professionals Insurance Seivices, LLC rAHJ>'!t £ .... ,s101 212-1499 FAX 3697 Mt. Diablo Blvd Suite 230 14,r. Mol:

Lafayette CA 94549 iri:~~ss: [email protected] _ __ ~ !S)AFFOROINGCOVERAG£ NAIC#
.---- --- I ..,.nse#· 6003745 INSURER A , Sentinel Insurance Com~n~ t 11000 INSURED CALLAASS01 INSURER e, Prooerty & Casualty Insurance Comoanv of Hartford -t- 34690 Callander Associates INSURER c , Hartford Fire Insurance Comoanv A- t 19682 landscape Architecture, Inc. 12150 Tributary Point Drive, Suite 140; INSURERD:

Gold River CA 95670-4259 INSURERE:

INSURER F:

COVERAGES CERTIFICATE NUMBER· 1087797735 REVISION NUMBER·

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~;: TYPE OF INSURANCE ~2!>;1~~1
PO\.ICYNUMBER J!gM5rti~~' J:3l-J<ii~ LIMrTS
A
~
MERCIAL GENERAL LIABILITY y I y
57S8WBM4627 12/31/2022 12/3112023 cACH OCCURRENCE $2,000,000 Cl.AIMS-MADE 0 OCCUR
OAMAGE TO RENTED - PREMISES (Ea 00a.l'""""" \ $1,000,000 ,__ -- ---- MEO EXP (Any one person) , 10,000
- -- PERSONAL 11< ADV INJURY S 2,000 000
GEN'l AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 54,000,000 qPOLICY 0 ~:;g: □ LOC PROOUCTS-COMP/OPAGG S4,00D COO - OTHER: $ A AUTOMOBILE LIAf!ILITY y y 57SBWBM4627 12131/2022 12/31/2023 S,~~~~~~tflNGLE LIMIT $2,000.000 - - ANY AUTO 800IL Y INJURY (Per person) $
- OWNED -I SCHEDULED BODILY INJURY (Par accident) $ ....__ AUTOS ONLY _ AllTOS X HIRED X NON-OWNED wif.?:~d"%RAMAGE $ AUTOSONI.Y AUTOS ONLY I $
A I~ UMBRELi-A LIAS HOCCUR y y 57S0WBM4627 12/31/2022 12/31/2023 EACH OCCURRENce S 1,000,000 --- - EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000.00_0 _ _ - OED I RETENTIONS ~ B WORKERS COMPENSATION y 57WECAC1982 12/31/2022 12131/2023 X I :¥~UTE I I OTH- ER ANO EMPLOYERS' LIABILITY YIN - IINYPROPRIETOR/PARTNERIE:XECUT IVE □ N I A E.L. EACH ACCIDENT $1,000.000 OfFIC£R/MEM8ER8CCI.UOED'? (Mandatory In NHI E.L. DISEASE - EA EMPLOYEE $ 1,000 000 im:~jp'4'f8~ o1o'PERATIONS below
- E.L. DISEASE • POLICY LIMIT $1,000 000
C Prof• ssicnal I V 570H048571022 12/31/2022 12/3112023 $2,000,000 per Claim I Llabiity $4.000.000Annl A99r.

I I I I l
OESCRIPTIOt.l OF OPERATIONS I LOCATIOt.lS I VEHICLES \ACORD 101. Additional Remarks Sehedula, may b• attached ii more space 1$ roquirad) The Excess-Umbrella liabaily coverage is Following Form to the Commercial Geoeral liability, Automobile Liability and Empl~ers' Liability policies.

REF: Orinda Communi~ Park - GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City. its officers, o 1cials, employees, and volun1eers are named as Additiona Insured as respects General Liabil~ and Auto Liabili~ as required per written contract or agreement. General Liability is Primary/Non-Contributory per poliiform wording. Waiver o Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. Professional L1abili Ret,o Date: 11/1/1973. Notice of Cancellation: It is understood and agreed that in the event of cancellation of the policy for any reason other than nonpayment of premium, 30 days written notice will be sent to the certificate holder by maH. In the event the policy is cancelled for non payment of premium, 1 O days written notice will be sent to the above.

CERTIFICATE HOLDER CANCELLATION 30 Davs Notice of Cancellation

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

City of Orinda
28 Orinda Way AUTHORIZED REPRESENTATIVE Orinda CA 94563 ~~~
' © 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Item F.5
Packet Page 166

Policy # 57SBWBM4627
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2} of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a} The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or suNeying
activities or services;
(c} Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services inctuded in a., b. or c.
above.

The insurance afforded to such additional
insured:
(a) Only applies to the extent pennitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F -
Form SS 51 14 0417

OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:

The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions. reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, pennit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.

The insurance afforded to such additional insured:
(a) Only applies lo the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

Page 1 of 1 ends

Policy # 57SBWBM4627
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worke(), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

BUSINESS LIABILITY COVERAGE FORM
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. "Bodily Injury" to a co-"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your pennission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co-"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.
--:>~ 6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are addnlonal
insureds when you have agreed, in a written

Page 11 of 24 ends

Item F.5
Packet Page 168

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
F. - Optional Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of ''your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

Page 12 of 24 ends

This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
( d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer.
and then repackaged in the
original container;
Policy # 57S8WBM4627
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business. in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g) Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or '"property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i) The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused. in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.

Form SS 00 08 04 05
Item F.5
Packet Page 169

Policy # 57SB\/'vBM4627
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to tease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
lo these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or su,veyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:

This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or !he
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b} Supervisory, inspection,
architectural or engineering
activities.

Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
e. Permits Issued By State Or Political
Subdivisions
(1) Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury'' or "property damage"
included within the "productscompleted operations hazard". ---)-, f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work'' and
included within the "productscompleted operations hazard", but only if
(i) The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "productscompleted operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural. engineering or surveying
services, includ\ng:

Page 13 of 24 ends

Item F.5
Packet Page 170

BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.

The limits of insurance that apply to additional
insureds are described in Section D. - Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
is described 1n the Other Insurance Condition
in Section E. - Liability And Medical Expenses
General Conditions.

0. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing ''suits".

2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products-completed operations hazard" is
the Products-Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", Including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

Page 14 ends

Policy# 57SBWBM4627
This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.
~ 6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described In this Section.

Form SS 00 08 04 05
Item F.5
Packet Page 171

Policy # 57SBWBM4627
tf more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
of determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must
(1} Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.

Form SS 00 08 04 05

BUSINESS LIABILITY COVERAGE FORM
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The lnsured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional lnsured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
(5) Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.

Page 15 of 24 ends

Item F.5
Packet Page 172

BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.

3. Financiaf Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its tenns have been fully complied
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
---)~ 5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
a claim is made or "suit" is brought.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and

Page 16 ends

Policy# 57SBWBM4627
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excesslnsurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) YourWork
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. - Coverages.
(5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. -
Coverages.

Form SS 00 08 04 05
Item F.5
Packet Page 173

Policy# 57SBWBM4627
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
---)➔ (7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we wilt
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
lf you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
additional insured.

Form SS 00 08 04 05

We will share the remaining loss, if any, wrth
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not pem,it
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

8. Transfer Of Rights Of Recovery Against
others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
-->➔ b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.

Page 17 of 24 ends

Item F.5
Packet Page 174

Policy # 57SBWBM4627
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

HIRED AUTO AND NON-OWNED AUTO
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
This coverage is subjeci to all provIs1ons in the
BUSINESS LIABILITY COVERAGE FORM not
expressly modified herein:

A. Amended Coverage:

Coverage is extended to "bodily injury" and
"property damage" arising out of the use of a "hired
auto" and "non-owned auto".

B. Paragraph B. EXCLUSIONS is amended as
follows:

1. Exclusion g. Aircraft, Auto or Watercraft does
not apply to a "hired auto" or a "non-owned
auto".

2. Exclusion e. Employers Liability does not
apply to ''bodily injury" to domestic "employees"
not entitled to workers' compensation benefits
or to liability assumed by the "insured" under an
"insured contract".

3. Exclusion f. Pollution is replaced by the
following:
"Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled,
or handled for movement into, onto or
from, the covered "auto";
(2} Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto".
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
Form SS 04 38 09 09
moved from the place where they are
accepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".

Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" that are needed for or
result from the nonnal electrical, hydraulic
or mechanical functioning of the covered
"auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate,
or are discharged or released directly
from an "auto" part designed by its
manufacturer to hold, store, receive, or
dispose of such "pollutants"; and
(2) The "bodily injury" and "property
damage" does not arise out of the
operation of any equipment listed in
paragraphs 15.b. and 15.c. of the
definition of "mobile equipment".

Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with
respect to "pollutants" not in or upon a
covered "auto" if:
(1) The "pollutants" or any property in
which the "pollutants" are contained are
upset, overturned or damaged as a
result of the maintenance or use of a
covered "auto"; and

Page 1 of 3 ends

© 2009, The Hartford
(Includes copyrighted material of ISO Properties, Inc., with its permission) Item F.5
Packet Page 175

Policy # 57SBIIVBM4627
(2) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by such
upset, overturn or damage as a result of
the maintenance or use of a covered
"auto".

4. With respect to this coverage, the following
additional exclusions apply:
a. Fellow employee
Coverage does not apply to "bodily injury" to
any fellow "employee" of the "insured"
arising out of the operation of an "auto"
owned by the "insured" in the course of the
fellow "employee's" employment.
b. Care, custody or control
Coverage does not apply to "property
damage" involving property owned or
transported by the "insured" or in the
"insured's" care, custody or control.

C. With respect to "hired auto" and "non-owned auto"
coverage, Paragraph C. WHO IS AN INSURED is
deleted and replaced by the following:

The following are "insureds":
a. You.
b. Your "employee" while using with your
permission:
(1) An "auto" you hire or borrow; or
(2) An "auto" you don't own, hire or borrow in
your business or personal affairs; or
(3) An "auto" hired or rented by your
"employee" on your behalf and at your
direction.
c. Anyone else while using a "hired auto" or "nonowned auto" with your permission except:
{1) The owner or anyone else from whom you
hire or borrow an "auto".
(2) Someone using an auto while he or she is
working in a business of selling, servicing,
repairing, parking or storing "autos" unless
that business is yours.
(3) Anyone other than your "employees",
partners (if you are a partnership), members
(if you are a limited liability company), or a
lessee or borrower or any of their
"employees", while moving property to or
from an "auto".
(4) A partner (if you are a partnership), or a
member (if you are a limited liability

Page 2 of 3 ends

company} for an "auto" owned by him or her
or a member of his or her household.
d. Anyone liable for the conduct of an "insured"
described above but only to the extent of that
liability.

D. With respect to the operation of a "hired auto" and
"non-owned auto", the following additional
conditions apply:

1. OTHERINSURANCE
a. Except for any liability assumed under an
"insured contract" the insurance provided by
this Coverage Form is excess over any
other collectible insurance.

2. TWO OR MORE COVERAGE FORMS OR

POLICIES ISSUED BY US
If the Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us apply to the same
"accident", the aggregate maximum Limit of
Insurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of Insurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or an
affiliated company specifically to apply as
excess insurance over this Coverage Form.

E. The following definitions are added:

G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS:

Policy # 57S6WBM4627
or your "executive officers" or members of
their households.

This does not include a long-term leased
"auto" that you insure as an owned "auto"
uncler any other auto liability insurance
policy or a temporary substitute for an
"auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.

Form SS 04 38 09 09 Page 3 of 3
Item F.5
Packet Page 177

EXTENDED OPTIONS

1. Employers' Liability Insurance
Item 3.B. or the Information Page is replaced by
the following:

B. Employers' Liability Insurance:

1. Part Two of the policy applies to work in
each state listed in Item 3.A.

The Limits of Liability under Part Two are
the higher of:

Bodily Injury
by Accident $500,000 Each Accident
Bodily Injury
by Disease $500,000 Policy Limit
Bodily Injury
by Disease $500,000 Each Employee
OR

2. The amount shown in the Information
Page.

This provision 1 of EXTENDED OPTIONS does not
apply in New York because the Limits Of Our
Liability are unlimited.

In this provision the limits are changed from
$500,000 to $1,000,000 in California.

2. Unintentional Failure to Dlsclose Hazards
If you unintentionally should fail to disclose all
existing hazards at the inception date of your
policy, we shall not deny coverage under this
policy because of such failure.

3. Waiver of Our Right To Recover From Oth,111
A. 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
any person or organization for whom you
perform work under a written contract that
requires you to obtain this agreement from us.

This agreement sha" not operate directly or
indirectly to benefit anyone not named In the
agreement.

B. This provision 3. does not apply in the states
of Pennsylvania and Utah.

Form WC 99 03 03 B Printed in U.SA (Ed. 8/00)

4. Foreign Voluntary Compensation and
Employers' Liability Reimbursement
A. How This Reimbursement Applies
This reimbursement provision applies to bodily
injury by accident or bodily injury by disease.

Bodily injury includes resulting death.
1 . The bodily injury must be sustained by an
officer or employee.

2. The bodily injury must occur in the course
of employment necessary or incidental to
work in a country not listed in Exclusion
C.1. of this provision.

3. Bodily injury by accident must occur
during the policy period.

8. We Will Reimburse
We will reimburse you for all amounts paid by
you whether such amounts are:

1. voluntary payments for the benefits that
would be required of you if you and your
officers or employees were subject to any
workers· compensation law of the slate of
hire of the individual employee.

2. sums to which Part Two (Employers'
Liability Insurance) would apply if the
Country of Employment were shown in
Item -3A of the Information Page.

C. Exclusions
This insurance does not cover:

2. any obligation imposed by a workers'
compensation or occupational disease
law, or similar law.

3. bodily mJury intentionally caused or
aggravated by you.

Item F.5
Packet Page 178
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA

CITY OF ORINDA
AMENDMENT No. 4 TO SERVICES CONTRACT
Callander Associates (''Provider") and the City of Orinda °{''City"), a municipal cotp0ration, previously entered a contract with an effective date of June 8, 2016, relating to design and development of an Orinda Community Park Master Plan.

Section 2 of thiJt Agreement provides that "the parties may, from time to time, agree in writing that Provider, for additional compensation, shall perform additional services.,, The parties have agreed to the provision of additional services subject to additional compensation using Callander's current rates. The scope for additional services and updated rates is included as Exhibit A to this Amendment.

Section 18 of that agreement provides that, ''No waiver, modification or termination of this agreement is valid unless inade in writing."
City and Provider mutually agree to amend the Agreement as follows:

I. Replace Section 4(a) "Compensation" so it reads as follows:
a. City agrees to pay Provider at the rates descnoed in Exhibit A to Amendment #4, not to exceed a maximum contract price of $111,861 for aJI services performed under this agreement.

In all other respects, the Agreement shall remain unchanged and in full force and effect. tlOfeOrinda
~~-:-6>,~a
A60E83C65AEF4D8 ...
1/24/2025
City Manager L; nda Smith Date
,4r DocuSigned by:
~~
8216939E00F6464 ...

City Clerk
Approved IIS to form ~ Signed by:
~ :Cc~~~475 ..

City Attorney
1/24/2025
Sheri Smith
1/22/2025
osa Wolff
•
Callander Associates
,, .. t ~~~-· -----=--........ L ---- - '--..z..iµ~l-'/z.S-- Date 1' iLC..ll. lP.kL
Printed Title
Printed Name
Item F.5
Packet Page 179
December 18, 2024
ADDITIONAL SERVICES AUTHOR1ZATION #2
TO: Mr. Todd Trimble. City of Oril'.lda
28 Orinda Way
Orinda. CA, 94563
Email: [email protected]
www.collandera}oociote .com
Recreate
Educate
Live+Work
Connect
Sustain
RE: ORINDA COMMUNITY PARK/proposal for accesslblllty design services Based on our call with Karin Deas with the County on April 16th, she confirmed that Cantomia Building Code {CBC) requires that this project likely needs to provide an accessible entrance arid path of travel before addressing restroom deficiencies. It was determined on the call that the preferred accessible entrance and path of travel would come from Orinda Way and not the community center parking lot. This scope of services includes a focused design study of the accessible entrance and path of travel, which builds on the conceptual pion previously developed. The scope of work does not include preparing construction documents or revisiting design of other park features, just how we'd provide an accessible entrance and path of travel. See project Hmits diagram attached.

The following additional services will be provided on this project in accordance with our agreement dated June 8, 2016 and are considered an amendment thereto:

Scope

5.2. l Site Reconnaissance: Conduct focused site reconnaissance to review the accessible entrance, potential ADA parking stall on Orinda Woy and path of travel leading to primary park features like the play orea, picnic area and restrooms. Photograph site and document existing conditions on the previously prepared topographic survey.

5.2.2 Focused Accesslblllty Concept Plan: Prepare a focused accesslblll#y plan at 20 scale or larger which builds on the conceptual plan already developed. Plan will identify the accessible entrance, accessible parking stall, ramp and path of travel serving the park.

5.2.3 Cost Estimate: Prepare an estimate of probable construction costs, isolated to the accessibility upgrade costs only. Estimate will include line-item detail and start-up costs and contingencies as though the accessibillty upgrades ore being done as a stand-alone project.

5.2.4 CHy Review Meeting: Review the above materials in a single virtual meeting. Make minor refinements and submit final accessibifity concept. Prepare meeting summary. 1633 Boyshore Highwoy,
Sui1e 133
surtlngome, CA 94010
650.375.1313

COLD RIVER
12150Tributa,y Point Drive,
Sul1e 1-40
Gold River, CA 95670
916.985.4366
RENO
275 HIQ S1,
Suite 260
Reno, NV 89501
775.787.2828

SAN JOSE
2025 Gofeway Place,
Suite 285
San Jose, CA 95110
408.275.0565
Item F.5
Packet Page 180
Additional Services Authorl2atlon #2
RE: ORINDA COMMUNITY PARK/proposal for accenlbilily deifgn services December 18. 2024
l'age2 of2
Compensation

5.2 Accessfblltty Design Services
Tasks 5.2. l -5.2.4 (lump sum) ..................................................................... $9.408 Reim1:?ursabl~~Jall~~9nceJ ............ _. ....................... :,::.;,=···~··:.·····::··--:······~.~- Total Compensation ................................................................................. $9,879 Schedule
Callander Associates will proceed to commence the above services upon receipt of a signed copy of this authorization.

Signatures
Callander Associates Landscape
Architecture, Inc.

Agreed and authorized to proceed for:
,ltt)A~ ~- • 12/18/24
Morie Mai, ASLA, CPSI
Principal I Landscape Architect CA #5369
Attachment: Standard Schedule of Compensation dated 2025 Task Matrix, dated December-18, 2024
Project Limits Diagram, doted May 1, 2024
City of Orinda
Signature
Name & Tttle
Notice: Landscape archilecls are licensed by the State of Colifomla.

Terms and conditions ore subject to change after ninety days. 16043A_ASA#2_AccesslbllltyDeslsn
C copyriahte-d 202-4 callande-r Assotlates
Llndtt.ape Architecture, Int.
date
Item F.5
Packet Page 181
www.callanderassociotes.com
Recreate
Educate
Live+Work
Connect
Standard Schedule of Compensation 2025 San Jose & Burlingame Sustain

GENERAL
The following list of fees and reimbursable expense items shall be used in the provision of services described in ffie agreement. These amounts shell be adjusted in January, upon issuance of an updated Standard Schedule of Compensation:
_Houri, Rates
Principal $258
Senior Associate $234
Associate $223
Arborist/Construction Manager $196
Senior Project Manager $202
Project Manager 1 $193
Project Manager 2 $183
Job Captain $169
Designer 1 $159
Designer2 $144
Assistant Designer $129
Accounting $195
Senior Project Adm inistrotor $148
Project Administrator $132
Reimbursable Expenses Rate~
Expenses
printing and reproductions, postage and
delivery, mileage, travel expenses (hotel I
food], testing and outside services, and other
project related expenses
/hour
/hour
/hour
/hour
/hour
/hour
/hour
/hour
/hour•
/hour
/hour
/hour
/hour
/hour
cost+ 15%
Communications and Insurance Surcharge 2.5% of total fees ~vb~l,lltant Administration 10% of Subconsultant Costs

PAYMENTS
Payments are due within ten days after monthly billing. Callander Associates reserves the right to suspend services for non-payment if payment is not received within a period of 60 days after invoice date. Additionally invoices 60 days past due are subject to a 1.5% per month interest charge. Retainer amounts, if indicated, ore due upon signing the agreement and shall be applied to the final invoice for the project.
1633 Boyshore HiglYwoy
Svite 133
Burlingame. CA 94010
650,375.1313

GOLD RIVER
l2150Tribvtory Point Drive.

Suite 140
Gold River, CA 95670
916.985.4366
RENO
275HiUSl.

Suite 260
Reno. NV 89501
775.787.2828
2025 Gateway Place.

Suite 285
Son Jose, CA 95110
408.275.0565
Item F.5
Packet Page 182
Phase

5.2 5.2.1

5.2.2 5.2.3

5.2.4 Description
Accesslbl/Jty Design
Site Reconnaissance
--- - - --
Focused Accessibility Concept Plan
cost Estimate
City Review Meeting
16043A_ASA#2_FEE
Cco~',ffghled 2024 Colonder Assoclot8$
Landscape Archlleetura, Inc.

Princlpal
@ _$258
hrs $'s
Task Matrix
Orinda Community Park Master Plan~ ASA #2
12/18{2024
Callander Associates' Personnel and Rates
Project Manager 2 1 Administrator
@ $183 @ $132 CA Fees
hrs $'s I hrs $'s hrs I $'s
- ::: 1-:
1,032.00 __ s.oJ $ __ 915.oo - $

1.s48.oo 16.0 1 $ 2,92s.oo $
~()~,

22.0, $
1,947.00
....

1.0 $

2.0- $
SUBTOTALS.21 13.0 $

5.2 258.00
516.00
3,354.00
- -

5.0 j $ 915.00 1.0 $ 132.00
....... ~' _,.__,,.. -····~·········-·--_ ..... _..,__ 6.0 $ 1,098.00 0.5 $ 66.00

32.0 $ 5,85&.00 1.5 $ 198.00
Accessibifity Design
Relmbursables {aHowonce)

7.0. $

8.5 $

46.5 $
hrs

46.50 $
$
46 4.476.00
1,305.00
····-•·•··•····-"'-··
1,680.00
9,408.00
CALA
9,408.00
471.00

Page 1 of 1 ends

Item F.5
Packet Page 183
existing ball wall and -
half court
plantings, typ. ----~
storage container---·
drinking fountain
n-w light. WP,-------.
existing tennis coum
mulch--··- ··
swale
deco"j\~~::WeK~~~~
fitness cluster - - -
b1nch, W11.

Interpretive sign
ornamenta\ metal
fence
exJstlng wall
existing llghl to
remain, typ.
p
-~ - -
.... r ..

I
ORIND~WAY

MASTER PLAN

ORINDA COMMUNITY PARK
Orinda, California
existing picnic tab&es to
remain
picnic area
---- bbq, typ.
amphitheater slope
stabllizatlon
amphitheatet' aceen
improvement
., _ _. .,..,....,., b' st"?..., -metalscreenwan
existing guardrall to
remain
_
- existing building to remain
-- existing asphalt pavement
prefab restroom with
concession
bandstand
---permeable conc.rfite pavers
- •·----asphalt pavement
new pedunlan ramp
- relocated art piece
-~ 5and play area
-,~ wood fiber surfacing
------seatwall
- entry feature paving
____ ----totplaya,ea
'---=======-service vehicle access gate
----youth play area
,
- trao, typ.
existing ttu to remain, typ.
- entry pergola
(;)n-r-1
December 23, 2021
\a:MSOtll\da.CClfl'lfl'ltftr,t.ttMtn•tPla,,~ .. :a1,nlJndd' Item F.5
Packet Page 184
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA CERTIFICATE OF LIABILITY INSURANCE l DATE (MM/DDIYYYY)
12/6/2024
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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER ~2~1fCT Anni Owens
Assured Partners Design Professionals Insurance Services, LLC PHONE .,_, • ~ - · [ FAX 3697 Mt. Diablo Blvd Suite 230 ~d Fdl• 510-272-146L_ __ _ _ ~- l..Jl'!f;, "'Ei= Lafayette CA 94549 ~ ~-f~rtsDe~ignPro@A§suredPar!n_!lrs.cqm_

INSURED
Callander Associates Landscape Architecture, Inc.
12150 Tributary Point Drive, Suite 140;
Gold River CA 95670-4259
Ucens~ 6003745
CALLASS,-01
COVERAGES CERTIFICATE NUMBER: 369194174
__ INSURER_@_~FClRRJN~ COVERAGE_
INSURER A: Hartford Fire lnsuran9e.,fCl~flY. - -
INSURER a: Hartford ~as,ualty Jm;urance Compan)'.

INSURER C: ':ie!!f.ord lJnd~~~e~ lnsui:!3nce COmfl<!ny_ INSURER. D: _
INSURERE:

INSURERF:

REVISION NUMBER·

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR J ·ADDL;SUBK, I ~CW-J%~ ,:g~JW,My, I - - LTR I TYPE OF INSURANCE ... ~ .. ;.-•• ft ! POLICY NUMBER LIMITS C X COMMERCIAL GENERAL LIABILITY V V 57SBWBG9HBF 12/31/2024 12/31/2025 f EACH OCCURRENCE I s 2,000,000 - · ::J CLAIMS-MADE 0 OCCUR i DAMAGE TO RENfED PREMISES ;Ea occurren~ i $1,000,000
~ Contractual llab I MED EXP (Any one paraon) I , I $10,000 - _ ) Included ~ I I PERSONAL &ADV INJURY $2,000,000 GENl..AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 7 [8J PRO, LOG I ; POLICY JECT PRODUCTS: COMP/OP AGG $4,000,000 ,__._ , - I OTHER: $ C AUTOMOBILE LIABILITY y y 57SBWBG9HBF 1 12,a112024 12/31/2025 , COMBINED SINGLE LIMIT $2,000,000 I ANY AUTO _ (Ea.accldenll __ - ~ - BODILY INJURY (Per parson} $ - - - '-~"' - OWNED SCHEDULED BODILY INJURY {Per accident) $ AUTOS ONLY _ AUTOS

X HIRED X NON-OWNED
I
' PROPERi'YDAMA~- $ AUTOS ONLY _ AUTOS ONLY , [P.ar eccldenll _ _ ·-·-- - --- I : $

C X UMBRELLA LIAB
~ OCCUR j y y 57SBWBG9HBF 12/31/2024 12131/2025 EAC:H OCCURRENCE -..- J 1,P.'lQ,00~ - EXCESS ' LIAS CLAIMS-MADE AGGREGATE $1,oqo,000 __ DED /X I RETENTION$ :nMN -- _,
•·· I $
B WORKERS COMPENSATION y 57WECAC1982 1213112024 I 12/31/2025 ;X IJ¥AwrE_L_l ~AH 7 · _ - ~ _ __ 'AND EMPLOYERS' LIABILITY Y/N ANYPROPRJETOR/PARTNER/EXECUTIVE ~ N/A E.L. EACH ACCIDENT ..... $1,000,000 __ OFFICER/MEMBER EXCLUDED? {Mandatory in NH) E.L. DISEASE· EA EMPLOYEE.,.J_1,000,000 gts~Jii"~~ ~'J=d~PERATIONS beloW
-
E.L. DISEASE-POLICYLIMrr l $1,000,000
A I Professional Llabll~y
I
y 570H048571024 12/31/2024 12/31/2025 Per Claim $2,000,000 Clalms Made Form I i Aggregate Limit $4,000,000
I I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, rnay be attached If more space Is requlN>d) Insured owns No Company Vehicles; therefore, hired/non-owned Auto is the maximum coverage that applies. The Umbrella Polley is follow form to its underlying Policies: General LiabilityfAuto LiabilityfEmployers Liability.

Re: Orinda Community Park, Dog park/Pickleball Design GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City, its officers, officials, employees, and volunteers are named as Additional Insured as respects General Liability and Auto Liability as required per written contract. General Liability is Primary/Non-Contributory per policy form wording. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. Professional Liability Retro Date: 11/1/1973. CANCELLATION: 30 day notice will be sent to the certificate holder.

CERTIFICATE HOLDER CANCELLATION 30 Davs Notice of Cancellation

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Orinda ACCORDANCE WITH THE POLICY PROVISIONS.

Attn: Parks and Recreation
22 Orinda Way AUTHORIZED REPRESENTATIVE
Orinda CA 94563 Cl s::.:._.
_____ ,_
L .----..:: ~· - .:>- -- I
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Item F.5
Packet Page 185
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA Policy # 57SBWBG9HBF
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.

A. The following is added to Section C. WHO IS AN INSURED:

Additional Insureds When Required By Written Contract, Written Agreement Or Permit THE

HARTFORD
The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the Issuance of the permit.

A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit.

However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part.

The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured.

The insurance afforded to such additional insured only applies to the extent permitted by law.

The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS.
a. Vendors
Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions:

THE

HARTFORD
(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h} "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(I) The exceptions contained in Paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment
(1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises
(1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a} Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or
(b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf;
(a) In connection with your premises;
(b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if:
{i} The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:

This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including:
{i} The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or {ii) Supervisory, surveying, inspection, architectural or engineering activities.

This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) Item F.5
Packet Page 187
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ~ THE

HARTFORD
damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service.
e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or govemmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) ·Bodily injury" or "property damage" included within the "products-completed operations hazard". f. Any Other Party
(1) Any other person or organization who is not In one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
{a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: ,
(I) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
{ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:

This insurance does not _apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities.

This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an Insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above.

Form SL 30 32 06 21 Page 3 of3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) Item F.5
Packet Page 188
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA Policy # 57SBWBG9HBF
a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or THE

HARTFORD
b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.

D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or .
c. Persons or organizations making claims or bringing "suits".

2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" is the Products-Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations.

This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations.

The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations.

In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these.
57sBWBGgH%f' How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of:
a. The limits of insurance required in a written contract, written agreement or permit; or b. The Limits of Insurance shown in the Declarations.

Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in. this Section.

If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all Form SL 00 00 10 18 Page 14 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) Item F.5
Packet Page 189
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA THE

HARTFORP
coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part.

2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense
You or any additional insured under this Coverage Part must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include:
(1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim
If a claim is made or "suit" is brought against any insured, you or any additional insured under this Coverage Part must:
(1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable.

You or any additional insured under this Coverage Part must see to it that we receive a written notice of the claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The Insured
You and any other involved insured must:
(1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit";
(2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The lnsured's Own Cost
No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional lnsured's Other Insurance
If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured under this Coverage Part, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity.

Form SL 00 00 10 18 Page 15 of22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) Item F.5
Packet Page 190
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA (1) You or any additional insured under this Coverage Part that is an individual; (2) Any partner, if you or an additional insured under this Coverage Part is a partnership; THE

HARTFORD
(3) Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4) Any "executive officer'' or insurance manager, if you or an additional insured under this Coverage Part is a corporation;
(5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity.

This Paragraph f. applies separately to you and any additional insured under this Coverage Part. 3, Legal action Against Us
No person or organization has a right under this Coverage Part:
a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with.

A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are In excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. ---➔~ 4. Separation Of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought

5. Representations
a. When You Accept This Policy
By accepting this Policy, you agree:
(1) The statements in the Declarations are accurate and complete; I (2) Those statements are based upon representations you made to us; and (3) We have issued this Policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards
If unintentionally you sho1,Jld fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure.

6. Other Insurance
If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described inc. below. b. Excesslnsurance
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for •your work";
Form SL 00 00 10 18 Page 16 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) Item F.5
Packet Page 191
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA (2) Premises Rented To You
THE

HARTFORD
That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions.
(5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions.
(6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or
(7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured.

However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part:
(a) Primary Insurance When Required By Contract
This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below.
(b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance.

Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured.

When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. , When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(2) The total of all deductible and self-insured amounts under all that other insurance.

We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of Insurance or none of the loss remains, whichever comes first.

Form SL 00 00 10 18 Page 17 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) Item F.5
Packet Page 192
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA THE J

HARTFORD
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of Insurance of all insurers.

7. Transfer Of Rights Of Recovery Against Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request. the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. ---➔-. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation} If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage.

F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS

1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition:
a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and
b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement.

2. "Advertising idea" means any idea for an "advertisement".

3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form.

4. "Auto" means:
a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or
b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged.

However, "auto" does not include "mobile equipment"

5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the above, mental anguish or death at any time.

6. "Coverage territory" means:
a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of:
(1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or
Form SL 00 00 10 18 Page 18 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) Item F.5
Packet Page 193
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA 57SBWBG9HBF
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

HIRED AUTO AND NON-OWNED AUTO LIABILITY
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.

A. Amended Coverage:

The following is added to Section A. COVERAGES:

THE

HARTFORD
Coverage is extended to "bodily injury" and "property damage" arising out of the use of a "hired auto" or "non-owned auto".

B. The following changes are made to Section B. EXCLUSIONS:

1. Exclusion g. Aircraft, Auto Or Watercraft does not apply to a "hired auto" or a "non-owned auto".

2. Exclusion e. Employer's Liability does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the insured under an "insured contract".

3. Exclusion f. Pollution is deleted and replaced by the following:
(1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
(a) That are, or that are contained in any property that is:
(i) Being transported or towed by, handled, or handled for movement into, onto or from, the covered "auto";
(ii) Otherwise in the course of transit by or on behalf of the "ins.uredff; or (iii) Being stored, disposed of, treated or processed in or upon the covered "auto". (b) Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the insured for movement into or onto the covered "auto"; or (c) After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the insured.

Paragraph (a) above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if:
(i) The "pollutants" escape, seep, migrate, or are discharged or released directly from an "auto" part designed by its manufacturer to hold, store, receive, or dispose of such "pollutants"; and (ii) The "bodily injury" and "property damage" does not arise out of the operation of any equipment listed in Paragraphs 15.f.(2) and 15.f.(3) of the definition of "mobile equipment".

Paragraphs (b) and (c) above do not apply to accidents that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if:
(i) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (ii) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage as a result of the maintenance or use of a covered "auto".

4. The following exclusion is added:

Fellow employee
Coverage does not apply to "bodily injury" to any fellow "employee" of the insured arising out of the operation of an "auto" owned by the insured in the course of the fellow "employee's" employment.

Form SL 30 2610 18 Page 1 of 3
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) Item F.5
Packet Page 194
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

5. The following exclusion is added:

Care, Custody Or Control
THE

HARTFORD
Coverage does not apply to "property damage" involving property owned or transported by the insured or in the insured's care, custody or control.

C. With respect to "hired auto" and "non-owned auto" coverage, Section C. WHO IS AN INSURED is deleted and replaced by the following:

1. The following are insureds:
a. You.
b. Your "employee" while using with your permission:
(1) An "auto" you hire or borrow; or
(2) An "auto" you don't own, hire or borrow in your business or personal affairs; or (3) An "auto" hired or rented by your "employee" on your behalf and at your direction. c. Anyone else while using a "hired auto" or "non-owned auto" with your permission except:
(1) The owner or anyone else from whom you hire or borrow an "auto". (2) Someone using an auto while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours.
(3) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from an "auto".
(4) A partner {if you are a partnership), or a member (if you are a limited liability company) for an "auto" owned by him or her or a member of his or her household. d .. Anyone liable for the conduct of an insured described above but only to the extent of that (jability.

D. With respect to the operation of a "hired auto" or "non-owned auto" covered by this endorsement, the following changes are made to Section E. LIABILITY AND MEDICAL EXPENSES CONDITIONS:

1. The following condition is added:

Other Insurance
a. Except for any liability assumed under an "insured contract" the insurance provided by this endorsement is excess over any other collectible insurance.

However, if your business is the selling, servicing, repairing, parking or storage of "autos", the insurance provided by this endorsement is primary when covered "bodily injury" or "property damage" arises out of the operation of a customer's "auto" by you or your "employee". b. When this endorsement and any other endorsement, coverage part, or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our endorsement bears to the total of the limits of all the endorsements, coverage parts, and policies covering on the same basis.

2. The following condition is added:

Two Or More Coverage Parts, Endorsements, Or Policies Issued By Us If this endorsement and any other endorsement, coverage part or policy issued to you by us or any company affiliated with us apply to the same accident, the aggregate maximum Limit of Insurance under all the endorsements, coverage parts, or policies shall not exceed the highest applicable Limit of Insurance under any one endorsement, coverage part, or policy. This condition does not appfy to any endorsement, coverage part, or policy issued by us or an affiliated company specifically to apply as excess insurance over this endorsement.

Form SL 30 2610 18 Page 2of3
© 2018, The Hartford
(May incfude copyrighted material of Insurance Services Office, Inc., with its permission) Item F.5
Packet Page 195
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A42D-DA60A6EF94BA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

3. The following condition is added:

Financial Responsibility Laws
THE

HARTFORD
a. With respect to a "hired auto" or "non-owned auto" to which this insurance applies, when this endorsement is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by this endorsement for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law.
b. With respect to a "hired auto" or "non-owned auto" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law.

We will provide the required limits for those coverages.

E. The following changes are made to Section F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS:

1. The following definition is added:
"Hired auto" means any "auto" you lease, hire, rent or borrow. This does not include any auto you lease, hire, rent or borrow from any of your "employees", your partners (if you are a partnership}, members (if you are a limited liability company),, or your "executive officers" or members of their households.

This does not include a long-term leased "auto" that you insure as an owned "auto" under any other auto liability insurance policy or a temporary substitute for an "auto" you own that is out of service because of its breakdown, repair, servicing or destruction.

2. The following definition is added:
"Non-owned auto" means any "auto" you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes:
a. "Autos" owned by your "employees" your partners (if you are a partnership), members (if you ar.e a limited liability company), or your "executive officers", or members of their households, but only while used in your business or your persona[ affairs.
b. Customer's "auto" that is in your care, custody or control for service.

Form SL 30 2610 18 Page 3 of 3
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) Item F.5
Packet Page 196
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA (D) If the Insurer cancels this Policy, unearned premium shall be calculated on a pro rata basis. If the Named Entity cancels this Policy, unearned premium shall be calculated at the Insurer's customary short rates. Payment of any unearned premium shall not be a condition precedent to the effectiveness of a cancellation. The Insurer shall make payment of any unearned premium which it received from the Named Entity as soon as practicable.

XV. CHANGES IN EXPOSURE
Solely with respect to all Liability Coverage Parts:
(A} Acquisitions or Created Subsidiaries
If, before or during the Policy Period, any Insured Entity acquires or creates an entity then such acquired or created entity, and any natural persons that would qualify as Insured Persons thereof, shall be an Insured to the extent such entities and persons would otherwise qualify as an Insured under the Liability Coverage Parts, but only for Wrongful Acts occurring after the Effective Time of such acquisition or creation. No coverage shall be available for any Wrongful Act of such Insured occurring before the Effective Time of such acquisition or creation, or for any Interrelated Wrongful Acts thereto.

The Insured Entity shall give the Insurer written notice and full, written details of the acquisition or creation as soon as practicable:
(1) prior to the expiration or termination date of this Policy; or (2) within ninety (90) days of such acquisition or creation; whichever date is later.

The Insurer shall be entitled to impose such additional terms, conditions, and premium as the Insurer, in its absolute discretion, chooses.
(B} Mergers
If, before or during the Policy Period, any Insured Entity merges with another entity such that the Insured Entity is the surviving entity, then such merged entity and any natural persons that would qualify as Insured Persons thereof, shall be an Insured to the extent such entities and persons would otherwise qualify as an Insured under the Liability Coverage Parts, but only for Wrongful Acts occurring after such merger. This coverage shall remain in force for 90 days beginning with the date of the merger. No coverage shall be available for any Wrongful Act of such Insured occurring· before the Effective Time of such merger or for any Interrelated Wrongful Acts thereto.

The Insured Entity shall give the Insurer written notice and full, written details of the merger as soon as practicable:
(1) prior to the expiration or termination date of this Policy; or (2) within ninety (90) days of such merger;
whichever date is later.

If the Insured Entity is not the surviving entity then coverage shall terminate on the effective date of the merger.

The Insurer shall be entitled to impose such additional terms, conditions, and premium as the Insurer, in its absolute discretion, chooses.

XVI. SUBROGATION
The Insurer shall be subrogated to all of the lnsured's rights of recovery regarding any payment of Loss by the Insurer under this Polic . The Insured shall execute all a ers re uired and do ever thin necessary to secure and reserve AE 00 H003 01 0621 © 2021, The Hartford Page 7 of9
57 OH 0485710-24 12/31/2024
Item F.5
Packet Page 197
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA such rights, including the execution of any documents necessary to enable the Insurer to effectively bring suit in the name of the Insured. The Insured shall do nothing to prejudice the Insurer's position or any potential or actual rights of recovery. If the Insured has waived its rights to recovery in a written contract or agreement executed prior to a Claim being made, then the Insurer will waive its rights to subrogation to the same extent as the lnsured's waiver.

XVII. APPLICATION
(A) The Insured represents that the declarations and statement!> contained in the Application are true, accurate and complete. This Policy is issued in reliance upon the Application. (B) If the Application contains misrepresentations or misrepresentations that materially affect the acceptance of the risk by the Insurer:
(1) no coverage shall be afforded under this Policy for any Insured who knew on the Inception Date of this Policy of the facts that were so misrepresented, provided that knowledge possessed by any Insured Person shall not be imputed to any other Insured Person; and
(2) knowledge possessed by any principal, partner, chief executive officer, chief operating officer, general counsel, chief financial officer, risk manager, human resources director or any position equivalent to the foregoing of the Insured Entity, or anyone signing the Application, shall be imputed to all Insured Entities. No other person's knowledge shall be imputed lo an Insured Entity.

XVIII. ACTION AGAINST THE INSURER
Solely with respect to all Liability Coverage Parts:
(A} No action shall be taken against the Insurer unless there shall have been full compliance with all the terms and conditions of this Policy.
(B) No person or organization shall have any right under this Policy to join the Insurer as a party to any Claim against the Insured nor shall the Insurer be impleaded by the insured in any such Claim.

XIX. ASSIGNMENT
Assignment of interest under this Policy shall not bind the Insurer without its consent as specified in a written endorsement issued by the Insurer to form a part of this Policy.

XX. BANKRUPTCY OR INSOLVENCY
Bankruptcy or insolvency of any Insured shall not relieve the Insurer of any of its obligations under this Policy.

XX.I. AUTHORIZATION OF NAMED ENTITY
The Named Entity shall act on behalf of all Insureds with respect to all matters under this Policy, including, without limitation, giving and receiving of notices regarding Claims, cancellation, election of the Extended Reporting Period, payment of premiums, receipt of any return premiums, and acceptance of any endorsements to this Policy.

XXII. CHANGES
This Policy shall not be changed or modified except in a written endorsement issued by the Insurer to form a part of this Policy.

XXIII. ENTIRE AGREEMENT
AE 00 H003 01 0621 © 2021, The Hartford Page 8 of9
57 OH 0485710-24 12/31/2024
Item F.5
Packet Page 198
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WORKERS' COMPENSATION BROAD FORM ENDORSEMENT

EXTENDED OPTIONS
Polley Number: 57WECAC1982 Endorsement Number:

Effective Date: 12131,2024 Effective hour is the same as stated on the Information Page of the policy_ Named Insured and Address: Callander Associates Landscape Architecture, Inc. 12150 Tributary Point Drive, Suite 140;
Gold River, CA 95670-4259
Section I of this endorsement expands coverage provided under WC 00 00 00.

Section II of this endorsement provides additional coverage usually only provided by endorsement.

Section Ill of this endorsement is a Schedule of Covered States.

You may use the index to locate these coverage features quickly:

INDEX

SUBJECT PAGE SUBJECT
SECTION I 2 B. Part One Does Not Apply
PARTS ONE and TWO 2 C. Application of Coverage
01 We Will Also Pay 2 D. Additional Exclusions
PART-THREE 2 E. West Virginia
02 How This Insurance Works 2 EXTENDED OPTIONS
PART-SIX 2 01 Employers' Liability Insurance
03 Transfer of Your Rights and Duties 2 02 Unintentional Failure to Disclose 04 Liberalization 2 Hazards
SECTION II 2 03 Waiver of Our Right to Recover from
VOLUNTARY COMPENSATION 2 Others
INSURANCE 04 Foreign Voluntary Compensation
05 Voluntary Compensation Insurance 2 A. How This Reimbursement Applies A. How This Insurance Applies 2 B. We Will Reimburse
B. We Will Pay 3 C. Exclusions
C. Exclusions 3 D. Before We Pay
D. Before We Pay 3 E. Recovery From Others
E. Recovery From Others 3 F. Reimbursement For Actual Loss F. Employers' Liability Insurance 3 Sustained
EMPLOYERS' LIABILITY STOP GAP 3 G. Repatriation
ENDORSEMENT H. Endemic Disease
06 Employers' Liability Stop Gap 3 05 Longshore and Harbor Workers' Coverage Compensation Act Coverage
A. Stop Gap Coverage Limited to 3 Endorsement
Montana, North Dakota, Ohio, SECTION Ill
Washington, West Virginia and 01 Schedule of Covered States Wyoming
PAGE
3 3
3 3
4 4
4 4
4 4
4 4
5 5
5 5
5 5
6 6
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)
Process Date: 1216/2024

Page 1 ends

Policy Expiration Date: 12131/2025
© 2000, The Hartford
Item F.5
Packet Page 199
Docusign Envelope ID: FC52DFAO-4BEA-4E82-A420-0A60A6EF94BA PARTS ONE and TWO

1. WEWILLALSOPAY
D. We Will Also Pay of Part One (WORKERS'
COMPENSATION INSURANCE); and
E. We WIii Also Pay of Part Two
(EMPLOYERS' LIABILITY INSURANCE) is
replaced by the following:

We Will Also Pay
We will also pay these costs, in addition to
other amounts payable under this insurance,
as part of any claim, proceeding, or suit we
defend:

1. reasonable expenses incurred at our
request, INCLUDING loss of earnings;

2. premiums for bonds to release
attachments and for appeal bonds in
bond amounts up to the limit of our
liability under this insurance;

3. litigation costs taxed against you;

4. interest on a judgment as required by law
until we offer the amount due under this
law; and

5. expenses we incur.

VOLUNTARY COMPENSATION ANDEMPLOYERS'

LIABILITY COVERAGE

5. Voluntary Compensation Insurance
A. How This Insurance Applies
This insurance applies to bodily rnJury by
accident or bodily injury by disease. Bodily
injury includes resulting death.

1. The bodily injury must be sustained by
any officer or employee not subject to the
workers' compensation law of any state
shown in Item 3.A. of the lnfonnation
Page.

2. The bodily injury must arise out of and in
the course of employment or incidental to
work in a state shown in Item 3.A. of the
Information Page.

Form WC 99 03 03 B Printed in U.SA (Ed. 8/00)

SECTION I

PART THREE

2. How This Insurance Applies
Paragraph 4. of A. How This Insurance Applies of
Part 3 (Other States Insurance) is replaced by the
following:

4. If you have work on the effective date of this
policy in any state not listed in Item 3.A. of the
Information Page, coverage will not be afforded
for that state unless we are notified within sixty
days.

PART SIX

3. Transfer Of Your Rights and Duties
C. Transfer Of Your Rights and Duties of Part 6
(Conditions) is replaced by the following:

Your rights or duties under this policy may not be
transferred without our written consent.

If you die and we receive notice within sixty days
after your death, we will cover your legal
representative as insured.

4. Liberalization
SECTION 11
If we adopt a change in this form that would broaden
the coverage of this form without extra charge, the
broader coverage will apply to this policy. It will apply when the change becomes effective in your state.

3. The bodily injury must occur in the United
States of America, its territories or
possessions, or Canada, and may occur
elsewhere if the employee is a United States
or Canadian citizen, • or otherwise legal
resident, and legally employed, in the United
States or Canada and temporarily away from
those places.

4. Bodily injury by accident must occur during
the policy period.

5. Bodily injury by disease must be caused or
aggravated by the conditions of the

Page 2 of 6 ends

Item F.5
Packet Page 200
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA officer's or employee's employment. The
officer's or employee's last day of last
exposure to the conditions causing or
aggravating such bodily injury by disease
must occur during the policy period.

B. We Will Pay
We will pay an amount equal to the benefits
that would be required of you as if you and
your employees were subject to the workers'
compensation law of any state shown in Item

3.A. of the Information Page. We will pay
those amounts to the persons who would be
entitled to them under the law.

C. Exclusion
This insurance does not cover:

1. any obligation imposed by workers'
compensation or occupational disease
law or any similar law.

2. bodily injury intentionally caused or
aggravated by you.

3. officers or employees who have elected
not to be subject to the state workers'
compensation law.

4. partners or sole proprietors not covered
under the Standard Sole Proprietors,
Partners, Officers and Others Coverage
Endorsement.

D. Before We Pay
Before we pay benefits to the persons
entitled to them, they must:

1. Release you and us, in writing, of all
responsibility for the injury or death.

2. Transfer to us their right to recover from
others who may be responsible for the
injury or death.

3. Cooperate with us and do everything
necessary to enable us to enforce the
right to recover from others.

If the persons entitled to the benefits of this
insurance fail to do those things, our duty to
pay ends at once. If they claim damages
from you or from us for the injury or death,
our duty to pay ends at once.

E. Recovery From Others
If we make a recovery from others, we will
keep an amount equal to our expenses of
recovery and the benefits we paid. We will
pay the balance to the persons entitled to it.

Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)
If the persons entitled to the benefits of this
insurance make a recovery from others, they
must reimburse us for the benefits we paid them.

F. Employers' Liabllity Insurance
Part Two (Employers' Liability Insurance) applies
to bodily injury covered by this endorsement as
though the State of Employment was shown in
Item 3.A. of the Information Page.

This provision 5. does not apply in New Jersey or
Wisconsin.

EMPLOYERS' LIABILITY STOP GAP COVERAGE

6. Employers' Liability Stop Gap Coverage
A. This coverage only applies in Montana, North
Dakota, Ohio, Washington, West Virginia and
Wyoming.

B. Part One (Workers' Compensation Insurance)
does not apply to work in states shown in
Paragraph A above.

C. Part Two (Employers' Liability Insurance) applies
in the states, shown in Paragraph A., as though
they were shown in Item 3.A. of the Information
Page.

D. Part Two, Section C. Exclusions is cnanged by
adding these exclusions.

This insurance does not cover;

5. bodily mJury intentionally caused or
aggravated by you or in Ohio bodily injury
resulting from an act which is determined by
an Ohio court of law to have been committed
by you with the belief than an injury is
substantially certain to occur. However, the
cost of defending such claims or suits in Ohio
is covered.

13. bodily injury sustained by any member of the
flying crew of any aircraft.

14. any claim for bodily injury with respect to
which you are deprived of any defense or
defenses or are otherwise subject to penalty
because of default in premium under the
provisions of the workers' compensation law
or laws of a state shown in Paragraph A.

E. This insurance applies to damages for which you
are liable under West Virginia Code Annot. S 23-
4-2.

Page 3 ends

Item F.5
Packet Page 201
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA

EXTENDED OPTIONS

1. Employers' Liability Insurance
Item 3.8. of the Information Page is replaced by
the following:

B. Employers' Liability Insurance:

1. Part Two of the policy applies to work in
each state listed in Item 3.A.

The Limits of Liability under Part Two are
the higher of:

Bodily Injury
by Accident $500,000 Each Accident
Bodily Injury
by Disease $500,000 Policy Limit
Bodily Injury
by Disease $500,000 Each Emplo ee
OR

2. The amount shown in the Information
Page.

This provision 1 of EXTENDED OPTIONS does
not apply in New York because the Limits Of Our
Liability are unlimited.

In this provision the limits are changed from
$500,000 to $1,000,000 in California.

2. Unintentional Failure to Disclose Hazards
If you unintentionally should fail to disclose all
existing hazards at the inception date of your
policy, we shall not deny coverage under this
policy because of such failure.

3. Waiver of Our Right To Recover From Others
A. 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 any person or organization for whom
you perform work under a written contract
that requires you to obtain this agreement
from us.

This agreement shall not operate directly or
indirectly to benefit anyone not named in the
agreement.

8. This provision 3. does not apply in the states
of Pennsylvania and Utah.

Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)

4. Foreign Voluntary Compensation and Employers'
Liability Reimbursement
A. How This Reimbursement Applies
This· reimbursement provision applies to bodily
injury by accident or bodily injury by disease.

Bodily injury includes resulting death.

1. The bodily injury must be sustained by an
officer or employee.

2. The bodily Injury must occur in the course of
employment necessary or incidental to work
in a country not listed in Exclusion C.1. of this
provision.

3. Bodily injury by accident must occur during
the policy period.

4. Bodily injury by disease must be caused or
aggravated by the conditions of your
employment. The officer or employee's last
exposure to those conditions of your
employment must occur during the policy
period.

B. We Will Reimburse
We will reimburse you for all amounts paid by
you whether such amounts are:

1. voluntary payments for the benefits that
would be required of you if you and your
officers or employees were subject to any
workers' compensation law of the state of
hire of the individual employee.

2. sums to which Part Two (Employers' Liability
Insurance) would apply if the Country of
Employment were shown in Item 3.A. of the
Information Page.

C. Exclusions
This insurance does not cover:

1. any occurrences in the United States,
Canada, and any country or jurisdiction
which is the subject of trade or economic
sanctions imposed by the laws or regulations
of the United States of America in effect as of
the inception date of this policy.

2. any obligation imposed by a workers'
compensation or occupational disease law,
or similar law.

3. bodily mJury intentionally caused or
aggravated by you.

Page 4 of 6 ends

Item F.5
Packet Page 202
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA

4. liability for any consequence, whether
direct or indirect, of war, invasion, act of
Foreign enemy, hostilities {whether war
be declared or not), civil war, rebellion,
revolution, insurrection or military or
usurped power. No endorsement now or
subsequently attached to this policy shall
be construed as overriding or waiving
this limitation unless specific reference is
made thereto.

D. Before We Pay
Before we reimburse you for the benefits to
the persons entitled to them, you must have
them:

1. release you and us, in writing, of all
responsibility for the injury or death,

2. transfer to us their right to recover from
others who may be responsible for their
injury or death,

3. cooperate with us and do everything
necessary to enable us to enforce the
right to recover from others.

If the persons entitled to the benefits paid fail
to do these things, our duty to reimburse
ends at once. If they claim damages from us
for the injury or death, our duty to reimburse
ends at once.

E. Recovery From Others
If we make a recovery from others, we will
keep an amount equal to our expenses of
recovery and the benefits we reimbursed.

We will pay the balance to the persons
entitled to it If persons entitled to the
benefits make a recovery from others, they
must repay us for the amounts that we have
reimbursed you.

F. Reimbursement for Actual Loss
Sustained
This endorsement provides only for
reimbursement for the loss you actually
sustain. In order for you to recover loss or
expenses under this reimbursement you
must:

1. actually sustain and pay the loss or
expense in money after trial, or

2. secure our consent for the payment of
the loss or expense.

G. Repatriation
Our reimbursement includes the additional
expenses of repatriation to the United States
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)
of America necessarily incurred as a direct result
of bodily injury.

Our reimbursement shall be limited as follows:

1. to the amount by which such expenses
exceed the normal cost of returning the
officer or employee if in good health, or

2. in the event of death, to the amount by which
such expenses exceed the normal cost of
returning the officer or employee if alive and
in good health.

In no event shall our reimbursement exceed the
bodily injury by accident limit shown in Item 3.B.
of the Information Page as respects any one
such officer or employee whether dead or alive.

H. Endemic Disease
The word "disease" includes any endemic
diseases.

The coverage applies as if endemic diseases
were included in the provisions of the workers'
compensation law.

5. Longshore and Harbor Workers' Compensation
Act Coverage
General Section C. Workers' Compensation Law
is replaced by the following:

C. Workers' Compensation Law
Workers' Compensation Law means the workers
or workers' compensation law and occupational
disease law of each state or territory named in
Item 3.A. of the Information Page and the
Longshore and Harbor Workers' Compensation
Act (33 USC Sections 901-950). It includes any
amendments to those laws that are in effect
during the policy period. It does not include any
other federal workers or workers' compensation
law, other federal occupational disease law or the
provisions of any law that provide
nonoccupational disability benefits.

Part Two (Employers' Liability Insurance), C.

Exclusions, exclusion 8, does not apply to work
subject to the Longshore and Harbor Workers'
Compensation Act.

This coverage does not apply to work subject to
the Defense Base Act, the Outer Continental
Shelf Lands Act, or the Nonappropriated Fund
Instrumentalities Act.

Page 5 ends

Item F.5
Packet Page 203
Docusign Envelope ID: FC52DFAD-4BEA-4E82-A420-0A60A6EF94BA SECTION Ill

1. SCHEDULE OF COVERED STATES
CA
A. This endorsement on"ly applies in the states
listed in this Schedule of Covered States.

C. Schedule of Covered States:

Countersigned by
Form WC 99 03 03 B Printed in U.S.A. (Ed. 8/00)
B. If a state, shown in Item 3.A. of the Information
Page, approves this endorsement after the
effective date of this policy, this endorsement will
apply to this policy. The coverage will apply in
the new state on the effective date of the state
approval
-------- - ----:--:-:-------:--:-cc------
A u tho ri zed Representative

Page 6 of 6 ends

Item F.5
Packet Page 204

www.callanderassociates.com

BURLINGAME GOLD RIVER RENO SAN JOSE
1633 Bayshore Highway,
Suite 133
12150 Tributary Point Drive,
Suite 140
275 Hill St,
Suite 260
2025 Gateway Place,
Suite 285
Burlingame, CA 94010 Gold River, CA 95670 Reno, NV 89501 San Jose, CA 95110 650.375.1313 916.985.4366 775.787.2828 408.275.0565
Recreate
Educate
Live+Work
Connect
Sustain
March 23, 2026
ADDITIONAL SERVICES AUTHORIZATION #3
Scott Christie
Director of Public Works and Engineering
22 Orinda Way
Orinda, CA 94563
[email protected]
RE: ORINDA COMMUNITY PARK /

PROPOSAL FOR PLAY AREA DESIGN SERVICES
Dear Scott,
Having worked with the City over the years to advance the renovation of the community park, we understand that the City is now ready to proceed with renovating the front play area to be a new combination tot and youth play area. Based on our conversations with the City, the following are our assumptions for the project:
 The construction budget is $1,100,000 including a 10% construction contingency.  No electrical work is needed; existing pathway lights to remain.  Play area resilient surfacing to be poured-in-place rubber, with the subbase to be permeable drain rock.
o Impervious surfaces shall be limited to the 5,000 square foot C.3 threshold to avoid triggering the need for stormwater treatment infrastructure.  The existing asphalt walkway will remain.
 The area of disturbance is less than an acre, therefore a Stormwater Pollution Prevention Plan (SWPPP) is not required.
 Play area to incorporate universally accessible play elements to make the play area more inclusive for children of all abilities.
 Kelly Ocampo, CPSI, will be the CALA project manager.  BKF to provide engineering peer review of grading, accessibility, and drainage design.  City to conduct community outreach, including preparation of meeting notifications, online surveys, and meeting facilitation.

To assist you in these efforts, we would propose to complete the following tasks in chronological order. The items shown in bold-face italics are documents that we would prepare as part of our tasks. Meetings are assumed to be virtual unless otherwise noted. The following additional services will be provided on this project in accordance with our original agreement dated June 8, 2016 and are considered an amendment thereto:

SCOPE

1.0 PRELIMINARY DESIGN

1.01 Start-up Meeting: Schedule, coordinate, and facilitate a single startup meeting with City staff from various departments to discuss the goals, objectives, outreach plan, Item F.5
Packet Page 205
Additional Services Authorization #3
RE: ORINDA COMMUNITY PARK / PROPOSAL FOR PLAY AREA DESIGN SERVICES March 23, 2026

Page 2 of 6 ends

16043A_ASA#3.doc
© copyrighted 2026 Callander Associates
Landscape Architecture, Inc.
city standards, schedule, and desired outcome of the project. Verify review process, available base information, and other administrative procedures. Review any preliminary project concerns, and formalize contacts. Submit meeting summary.

1.02 Project Schedule: Prepare a detailed project schedule. Schedule shall show significant milestones and allow for reasonable time periods for City review of materials. Update the schedule after completion of major milestones as warranted and notify the City if there are delays in any milestones. Submit progress schedule for City use.

1.03 Background Documents Review: Obtain design and quote materials received by City from play equipment vendors to date. Review available base information, previously developed park plans (parking lot), City standards, utility as-builts, etc.

1.04 Play Area Concept Alternatives: Prepare a preliminary site plan at 1”=10’ scale to refine the play area layout. Coordinate with up to three play equipment vendors and select two vendors to develop play area designs. The intent of these designs will be to show a preferred theme, layout, colors, and equipment types for the community to provide input on. CALA shall provide the following:
a. Play Area Alternative Concept Plans (2)
b. Play Area Alternative Concept 3D Renderings Provided by Vendor (2) c. Play Area Alternative Concept Estimates (2)
d. Equipment Image Boards illustrating a range of potential inclusive equipment (such as carousel, rocker, ramped structure, basket swing, etc.) (2 to 3 sheets)

1.05 Review Meetings: Present and review the above at a single page turn meeting with City staff. After City review, conduct an interdepartmental meeting with City staff to review comments on concept alternatives. Submit written meeting summary.

1.06 Outreach Consultation Time: Provide the City with updated play area concept alternative graphics incorporating City comments, for the City to use on their outreach efforts. Allow for up to sixteen (16) hours of consultation time with the City to develop outreach plan, present playground concept to City Council, and answer questions on the graphics.

2.0 DESIGN DEVELOPMENT

2.01 Construction Documents – 30% Submittal: Based upon the community input shared by the City, coordinate with play vendors to develop refined play equipment designs illustrating the community’s preferred theme, color palette, and equipment options. Designs from play vendors will be laid out to fit the same play area footprint and cost, to provide bidders with true ‘or equal’ vendor options and to meet public contract code requirements. Obtain vendor quotes and requirements for play equipment procured under a cooperative purchasing arrangement. Proceed to develop construction documents at 1” =10’ scale on 24”x36” sheets to a 30% level of completion to reflect the preferred play area design and City Council input. Plan set to include:
a. Cover sheet
Item F.5
Packet Page 206
Additional Services Authorization #3
RE: ORINDA COMMUNITY PARK / PROPOSAL FOR PLAY AREA DESIGN SERVICES March 23, 2026

Page 3 of 6 ends

16043A_ASA#3.doc
© copyrighted 2026 Callander Associates
Landscape Architecture, Inc.
b. Demolition and Erosion Control Plan
c. Grading and Drainage Plan
d. Site Construction Plan, including accessible path of travel e. Play Equipment and Surfacing Layout Plan
f. Irrigation Plan
g. Planting Plan
h. Technical Specifications, unedited boilerplate section in CSI format i. Estimate of probable construction costs
j. Product cut sheets of shade structure and site furnishings

2.02 Review Meetings: Present and review the above at a single page turn meeting with City staff. After City review, conduct an interdepartmental meeting with City staff to review comments on the 30% PS&E submittal. Submit written meeting summary.

3.0 CONSTRUCTION DOCUMENTS

3.01 Construction Documents – 90% Submittal: Based on comments received on the 30% submittal, prepare 90% construction documents for review by the City and for building permit review by the County Conservation and Development Department.

Add information, including construction details, to bring documents to a 90% level of completion.

3.02 Review Meetings: Allow for up to two (2) meetings to review comments and/or coordinate design with City.

3.03 Bid Set: Based on comments received, prepare and submit stamped and signed Bid Set to City for advertisement and County for permit approval.

4.0 BIDDING AND CONSTRUCTION SUPPORT

4.01 During the bidding and construction period we would like to provide you with supplemental services to assist your full-time project construction administrator. These services would be provided on an hourly basis as requested. A total of seventy-eight (78) hours have been allotted for this task. Services include:
a. Bid Period: Assist City staff in bidding process as required, including answering technical questions from bidders.
b. Pre-Bid Meeting: Prepare for and attend a single in-person pre-bid meeting to support City in review of project and plans.
c. Response to RFI’s: Respond to technical questions during the construction process.

Issue addenda as required.
d. Bid Analysis Support: Review contractor bids, as provided by the City. Review for discrepancies and potential oversights. Provide feedback to city. e. Submittal Review: Review and process shop drawings and submittals required by technical specifications. City staff will provide inspection and maintain submittal records.
f. RFI’s and Change Orders: Assist City staff in determining and processing requests for information and change orders.
g. Progress Meetings / Site Reviews: Provide site reviews and prepare field reports on construction progress and compliance with design intent including Item F.5
Packet Page 207
Additional Services Authorization #3
RE: ORINDA COMMUNITY PARK / PROPOSAL FOR PLAY AREA DESIGN SERVICES March 23, 2026

Page 4 of 6 ends

16043A_ASA#3.doc
© copyrighted 2026 Callander Associates
Landscape Architecture, Inc.
recommendations for correction of any deficiencies (assume up to two (2) field meetings).
h. Substantial Completion and Final Completion: Attend a single substantial completion and separate final completion walk throughs and issue punch lists.

5.0 ADDITIONAL SERVICES
All tasks not specifically noted above could be performed as additional services.

These tasks would include, but not be limited to, all revisions or additional submittals required by the Client or any other agency’s review, geotechnical engineering, electrical engineering, structural engineering, stormwater treatment design, other meetings, additional design studies, or other tasks not specifically noted in the foregoing. These services would be billed hourly or on a lump sum fee basis to be documented in a written amendment to this agreement.

6.0 REIMBURSABLE EXPENSES

6.01 In addition to billing for the above services, we would bill for all printing and reproduction, delivery, horticultural soils samples, subconsultant administration and other reimbursable expenses as noted in the attached Standard Schedule of Compensation. You should establish a tentative budget for these expenses (see 7.0 Compensation Summary below). These costs will be itemized on our invoice and compared monthly with the total allowances to assist you in monitoring these costs.

Subconsultant administration markup is included within subconsultant fees below.

7.0 COMPENSATION SUMMARY

1.0 Preliminary Design
Callander Associates (hourly allowance) ................................... $19,482 Subconsultant (hourly allowance) ................................................. $2,420

2.0 Design Development
Callander Associates (hourly allowance) ................................... $17,239 Subconsultant (hourly allowance) ............................................................... $5,500

3.0 Construction Documents
Callander Associates (hourly allowance) ................................... $25,196 Subconsultant (hourly allowance) ................................................. $1,100

4.0 Bidding and Construction Support
Callander Associates (hourly allowance) ................................... $15,295

6.0 Reimbursable Expenses
Callander Associates (allowance) .............................................. $1,533 Subconsultant (allowance) .............................................................................. $500 Total Compensation…………………………………….$88,277
Item F.5
Packet Page 208
Additional Services Authorization #3
RE: ORINDA COMMUNITY PARK / PROPOSAL FOR PLAY AREA DESIGN SERVICES March 23, 2026

Page 5 of 6 ends

8.0 SCHEDULE

1.0 Preliminary Design: 3 to 4 months

2.0 Design Development: 2 to 3 months

3.0 Construction Documents: 4 to 5 months

4.0 Bidding and Construction Support: 9 to 10 months

9.0 SIGNATURES
Callander Associates Landscape
Architecture, Inc.

Agreed and authorized to proceed for:

City of Orinda
3/23/26
Marie Mai, PLA, ASLA, Principal Signature
date
Name & Title
Attachments: Standard Schedule of Compensation 2026 San Jose & Burlingame Project Limits Diagram dated January 23, 2026
Task Matrix dated March 23, 2026

Notice: Landscape architects are licensed by the State of California.

Terms and conditions are subject to change after ninety days.

Item F.5
Packet Page 209
www.callanderassociates.com

BURLINGAME GOLD RIVER RENO SAN JOSE
1633 Bayshore Highway,
Suite 133
12150 Tributary Point Drive,
Suite 140
275 Hill St,
Suite 260
2025 Gateway Place,
Suite 285
Burlingame, CA 94010 Gold River, CA 95670 Reno, NV 89501 San Jose, CA 95110 650.375.1313 916.985.4366 775.787.2828 408.275.0565
Recreate
Educate
Live+Work
Connect
Sustain
Standard Schedule of Compensation 2026 San Jose & Burlingame

Hourly Rates
Reimbursable Expenses Rates
Expenses cost + 15%
printing and reproductions, postage and
delivery, mileage, travel expenses (hotel /
food), testing and outside services, and other
project related expenses
Communications and Insurance Surcharge 2.5% of total fees Subconsultant Administration 10% of Subconsultant Costs

PAYMENTS
Payments are due within ten days after monthly billing. Callander Associates reserves the right to suspend services for non-payment if payment is not received within a period of 60 days after invoice date. Additionally invoices 60 days past due are subject to a 1.5% per month interest charge. Retainer amounts, if indicated, are due upon signing the agreement and shall be applied to the final invoice for the project.

Principal $265 /hour
Senior Associate $241 /hour
Associate $229 /hour
Arborist/Construction Manager $202 /hour
Senior Project Manager $208 /hour
Project Manager 1 $199 /hour
Project Manager 2 $189 /hour
Job Captain $174 /hour
Designer 1 $164 /hour
Designer 2 $149 /hour
Assistant Designer $133 /hour
Accounting $201 /hour
Senior Project Administrator $153 /hour
Project Administrator $136 /hour
Item F.5
Packet Page 210
Item F.5
Packet Page 211
Task Matrix
Orinda Community Park - Play Area Design
03/23/2026
Civil
@ $265 @ $189 @ $164 @ $202 BKF
Phase Description hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s $'s Engineers

1.0 Preliminary Design (T&M)

1.01 Start-up Meeting 2.0 530.00 $ 3.0 567.00 $ - - $ - - $ 5.0 1,097.00 $ - $

1.02 Project Schedule 1.0 265.00 $ 2.0 378.00 $ - - $ - - $ 3.0 643.00 $ - $

1.03 Background Documents Review 1.0 265.00 $ 2.0 378.00 $ - - $ - - $ 3.0 643.00 $ - $

1.04 Play Area Concept Alternatives - - $ - - $ - - $ - - $ - - $ 2,200.00 $ a. Play Area Alternative Concept Plan 10.0 2,650.00 $ 18.0 3,402.00 $ 14.0 2,296.00 $ - - $ 42.0 8,348.00 $ - $ b. Play Area Alternative Concept 3D Renderings
Provided by Vendor
- - $ - - $ 4.0 656.00 $ - - $ 4.0 656.00 $ - $
c. Play Area Alternative Concept Estimates 1.0 265.00 $ 3.0 567.00 $ 7.0 1,148.00 $ - - $ 11.0 1,980.00 $ - $ d. Equipment Image Boards 1.0 265.00 $ 3.0 567.00 $ 4.0 656.00 $ - - $ 8.0 1,488.00 $ - $

1.05 Review Meetings 3.0 795.00 $ 4.0 756.00 $ - - $ - - $ 7.0 1,551.00 $ - $

1.06 Outreach Consultation Time 2.0 530.00 $ 10.0 1,890.00 $ 4.0 656.00 $ - - $ 16.0 3,076.00 $ - $ SUBTOTAL 1.0 5,565.00 21.0 $ 45.0 8,505.00 $ 33.0 5,412.00 $ - - $ 99.0 19,482.00 $ 2,200.00 $ Subconsultant Administration 10% 220.00 $

2.0 Design Development (T&M)

2.01 Construction Documents - 30% Submittal 12.0 3,180.00 $ 8.0 1,512.00 $ 4.0 656.00 $ - - $ 24.0 5,348.00 $ 5,000.00 $ a. Cover sheet - - $ 0.5 94.50 $ 1.0 164.00 $ - - $ 1.5 258.50 $ - $ b. Erosion Control Plan - - $ 1.0 189.00 $ 2.0 328.00 $ - - $ 3.0 517.00 $ - $ c. Demolition Plan - - $ 1.0 189.00 $ 2.0 328.00 $ - - $ 3.0 517.00 $ - $ d. Grading and Drainage Plan - - $ 8.0 1,512.00 $ 4.0 656.00 $ - - $ 12.0 2,168.00 $ - $ e, Site Construction Plan (Acessible Path) - - $ 2.0 378.00 $ 6.0 984.00 $ - - $ 8.0 1,362.00 $ - $ f, Play Equipment and Surfacing Layout Plan - - $ 2.0 378.00 $ 6.0 984.00 $ - - $ 8.0 1,362.00 $ - $ Callander Associates' Personnel and Rates
Designer 1 Construction Man.

CA Fees
Principal Proj Manager 2
16043A_ASA#3_FEE.xlsx
© copyrighted 2026 Callander Associates
Landscape Architecture, Inc.

Page 1 of 3 ends

Item F.5
Packet Page 212
Task Matrix
Orinda Community Park - Play Area Design
03/23/2026
Civil
@ $265 @ $189 @ $164 @ $202 BKF
Phase Description hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s $'s Engineers Callander Associates' Personnel and Rates
Designer 1 Construction Man.

CA Fees
Principal Proj Manager 2
g, Irrigation Plan - - $ 1.0 189.00 $ 3.0 492.00 $ - - $ 4.0 681.00 $ - $ h. Planting Plan - - $ 1.0 189.00 $ 3.0 492.00 $ - - $ 4.0 681.00 $ - $ i. Technical Specifications (Boilerplate) - - $ 0.5 94.50 $ 1.0 164.00 $ - - $ 1.5 258.50 $ - $ j. Estimate of Probable Construction Costs - - $ 2.0 378.00 $ 8.0 1,312.00 $ - - $ 10.0 1,690.00 $ - $ k. Product Cut Sheet (Shade Structure & Site
Furnishings)
- - $ 1.0 189.00 $ 4.0 656.00 $ - - $ 5.0 845.00 $ - $

2.02 Review Meetings 3.0 795.00 $ 4.0 756.00 $ - - $ - - $ 7.0 1,551.00 $ - $ SUBTOTAL 2.0 3,975.00 15.0 $ 32.0 6,048.00 $ 44.0 7,216.00 $ - - $ 91.0 17,239.00 $ 5,000.00 $ Subconsultant Administration 10% 500.00 $

3.0 Construction Documents (T&M)

3.01 Construction Documents - 90% submittal 10.0 2,650.00 $ 24.0 4,536.00 $ 36.0 5,904.00 $ - - $ 70.0 13,090.00 $ 1,000.00 $

3.02 Review Meetings 4.0 1,060.00 $ 4.0 756.00 $ - - $ - - $ 8.0 1,816.00 $ - $

3.03 Bid Set 6.0 1,590.00 $ 20.0 3,780.00 $ 30.0 4,920.00 $ - - $ 56.0 10,290.00 $ - $ SUBTOTAL 3.0 5,300.00 20.0 $ 48.0 9,072.00 $ 66.0 10,824.00 $ - - $ 134.0 25,196.00 $ 1,000.00 $ Subconsultant Administration 10% 100.00 $

4.0 Bidding and Construction Support (T&M)

4.01 pre-construction phase 1.0 265.00 $ 4.0 756.00 $ 4.0 656.00 $ 4.0 808.00 $ 13.0 2,485.00 $ - $

4.02 construction phase 1.0 265.00 $ 8.0 1,512.00 $ 4.0 656.00 $ 48.0 9,696.00 $ 61.0 12,129.00 $ - $

4.03 post-construction archive - - $ 1.0 189.00 $ 3.0 492.00 $ - - $ 4.0 681.00 $ - $ SUBTOTAL 4.0 530.00 2.0 $ 13.0 2,457.00 $ 11.0 1,804.00 $ 52.0 10,504.00 $ 78.0 15,295.00 $ - $ Subconsultant Administration 10% - $
16043A_ASA#3_FEE.xlsx
© copyrighted 2026 Callander Associates
Landscape Architecture, Inc.

Page 2 of 3 ends

Item F.5
Packet Page 213
Task Matrix
Orinda Community Park - Play Area Design
03/23/2026
Civil
@ $265 @ $189 @ $164 @ $202 BKF
Phase Description hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s $'s Engineers Callander Associates' Personnel and Rates
Designer 1 Construction Man.

CA Fees
Principal Proj Manager 2
hrs CALA Civil

1.0 99.0 19,482.00 $ 2,420.00 $

2.0 91.0 17,239.00 $ 5,500.00 $

3.0 134.0 25,196.00 $ 1,100.00 $

4.0 78.0 15,295.00 $ - $
$ 1,545.00 $ 500.00
TOTAL COMPENSATION 402.0 78,757.00 $ 9,520.00 $
Reimbursables (allowance)
Preliminary Design (T&M)
Design Development (T&M)
Construction Documents (T&M)
Bidding and Construction Support (T&M)
16043A_ASA#3_FEE.xlsx
© copyrighted 2026 Callander Associates
Landscape Architecture, Inc.

Page 3 of 3 ends

Item F.5
Packet Page 214

CITY COUNCIL STAFF REPORT
Department: Public Works/Engineering
Meeting Date: April 7, 2026
SUBJECT:

Ordering the Preparation and Filing of a Report for the Fiscal Year 2026-27 Assessments for the Orinda Street Lighting and Landscaping Assessment District No. 1986-1 EXECUTIVE SUMMARY:

The City Council will consider ordering the annual report necessary to levy assessments for the Orinda Street Lighting and Landscaping Assessment District No. 1986-1. This District is divided up into three zones: L-42, M-9 and M-11.

RECOMMENDATION:

Adopt Resolution No. 19-26, Ordering the Preparation and Filing of Report for Levy of Annual Assessments for Fiscal Year 2026-27 for Orinda Street Lighting and Landscaping Assessment District No. 1986-1.

BACKGROUND:

The Orinda Street Lighting and Landscape Assessment District No. 1986-1 (AD 86-1) consists of three distinct zones of benefit. These zones are former County Service Areas which were reinstituted upon incorporation as AD 86-1 to continue similar services. The zones are as follows:
• The L-42 Zone finances the cost of residential street lighting and replacement of failing poles and fixtures within four neighborhoods in South Orinda. These neighborhoods are:

1. Tahos Road from just north of Bates Blvd to the south cul-de-sac including Bates Court, Silverwood Court, and Oakridge Court; Meadow View Road from Meadow Lane to the north cul-de-sac

2. Valley Drive from Heather Lane to south of Valley Court

3. Courtney Lane

4. Martha Road and Catherine Court (cul-de-sac sections of both streets)  The M-9 Zone finances the cost of residential street lighting and replacement of failing poles and fixtures in the Orinda Downs area along the following streets:

1. Dalewood Drive (public portion) 6. Fallen Leaf Terrace

2. Redcoach Lane 7. Sundown Terrace

3. Coachwood Terrace 8. Silver Oak Terrace

4. Amber Valley Drive 9. Happy Valley Road

5. Singingwood Lane
Item F.6
Packet Page 215
 The M-11 Zone is comprised of commercial properties in the Village District and Theatre District (Crossroads) areas, and finances the cost of part or all of the following services:

1. operation of streetlights and replacement of failing poles and fixtures

2. sidewalk replacement

3. street sweeping and litter pickup

4. landscape maintenance (median islands, right-of-way, and mini-parks)

5. water and electric utilities for landscaping (water, electrical irrigation) DISCUSSION:

The Landscaping and Lighting Act of 1972 requires that an annual review and updated Engineer’s report be prepared to set assessment rates each fiscal year. The assessments cannot exceed the maximum annual assessment amount plus any approved cost of living increases.

In 1999, a ballot proceeding was conducted to allow for an annual adjustment to the assessment amount. The results of that proceeding were that the L-42 Zone and the M9 Zone have approved annual adjustments, which allow for an annual adjustment based on the February-to-February Consumer Price Index for the San Francisco Bay Area. The M-11 Zone property owners did not approve the adjustment and that rate is levied without any adjustment. The cost of the preparation of the engineer’s report, completed by an outside firm, is included in the adopted AD 86-1 budget and is then allocated to each zone.

The first step in the assessment levy process is the adoption of a resolution ordering the engineer to prepare the annual report. The purpose of the subject Resolution (Attachment A) is to authorize the filing of the report pursuant to State requirements regarding the services to be funded, the estimated cost of those services, the method or methods of spreading the assessment of costs among benefiting properties, and the actual assessment for each parcel in the district. The tentative schedule (Timeline) for district proceedings is shown in Attachment B.

In an effort to maintain greater control over district expenses, City staff will continue to prepare the annual district budget. The engineering services, which are provided by consultants include allocating the engineering and assessment collection expenses, preparing the engineer's report and providing the assessment information to the County Auditor for inclusion on next year’s property tax roll. In addition, the consultant will provide some ongoing administration of the assessment district through communications with the County Auditor’s office and assisting with taxpayer inquiries.

Approval of the attached Resolution will provide sufficient time to prepare and file the appropriate reports and provide the tax information to the County Auditor by the filing deadline in early August 2026.

NEXT STEPS:

Staff will proceed to prepare the engineering report for the City Council to review.

Item F.6
Packet Page 216
FISCAL IMPACT:

The estimated cost for services by NBS, including preparing the Engineer’s report, is approximately $7,500 and is charged as an expense allocated to each Zone. The preparation of the report is an annual requirement necessary to continue to collect the assessments.

STRATEGIC PLAN INITIATIVE:

Not applicable.

Attachments
A: Resolution 19-26
B: Timeline for District proceedings
Prepared by: Scott Christie
Respectfully Submitted by:

Scott Christie
Public Works Director
Approved By:

Linda Smith, City Manager
Item F.6
Packet Page 217
RESOLUTION NO. 19-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORINDA

ORDERING THE PREPARATION AND FILING OF REPORT FOR LEVY OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2026-27 FOR ORINDA STREET LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT NO. 1986-1
WHEREAS, the City Council of the City of Orinda formed an Assessment District under Part 2 of Division 15 of the Streets & Highways Code (Landscape & Lighting Act of 1972, beginning with Streets & Highways Code, Section 22500); and WHEREAS, the Assessment District was designated as “Orinda Street Lighting and Landscaping Assessment District No. 1986-1”; and
WHEREAS, the improvements of the Assessment District consist of the maintenance or servicing, or both, of existing and future public lighting and landscaping facilities, and the installation or construction of public lighting and landscaping facilities and any facilities appurtenant to them or necessary or convenient for the maintenance or servicing of them, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage or electrical facilities; and WHEREAS, it is necessary to undertake proceedings pursuant to Streets & Highways Code, Sections 22620-22631, for the levy and collection of assessments for the Fiscal year 2026-27 within the existing Assessment District.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda orders the preparation and filing of a report in accordance with Article 4 (beginning with Streets & Highways Code, Section 22565) of Chapter 1 of the Landscaping and Lighting Act of 1972.

ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on April 7, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Brandyn Iverson, Mayor
ATTEST:

Sheri Marie Smith, City Clerk
Item F.6
Packet Page 218

CITY OF ORINDA
Orinda Street Lighting and Landscape Assessment District No. 1986-1 FY 2026/27 Timeline for Levy of Assessments ____________________________________________________________________________________________________ Regular City Council meetings are typically scheduled on the 1st and 3rd Tuesday of every month.

Category Action Performed By Due Date Note:

Timeline NBS prepares and delivers the proposed Timeline. NBS February 6 Timeline Agency Staff reviews the proposed timeline and provides comments. Agency February 13 Budgets Agency Staff provides the District Budget. Agency March 20 Report NBS prepares and delivers the Annual Report. NBS April 3 Council Meeting The council adopts one resolution: Ordering the Preparation of Annual Report. Council April 7 Report Agency Staff reviews the Annual Report and provides comments. Agency April 23 Report NBS delivers the Annual Report for Agency Staff approval. NBS April 30 Council Meeting The council adopts two resolutions: Resolution of Intention and Approving Engineer’s Report. Council May 5 Notice The clerk publishes the Resolution Declaring Intent. The notice must be in the local newspaper not less than 10 days before the Public Hearing. Clerk May 22 No later than May 23rd Council Meeting The council conducts the Public Hearing, then adopts the Resolution Confirming the Diagram and the Assessment and Ordering the Levy. Council June 2 Resolutions The clerk delivers copies of all approved Resolutions to NBS. Clerk June 12 Levy Submittal NBS submits the assessment levy to the county auditor/controller. NBS August 10 Item F.6
Packet Page 219

CITY COUNCIL STAFF REPORT
Department: Administration
Meeting Date: April 7, 2026
SUBJECT:

Recommendation from Supplemental Sales Tax Oversight Commission Regarding Funding Request from Fire Safe Moraga-Orinda
EXECUTIVE SUMMARY:

The City Council will consider a recommendation from the Supplemental Sales Tax Oversight Commission (SSTOC) regarding a funding request from Fire Safe MoragaOrinda (FSMO), a local nonprofit supporting wildfire preparedness and fire-fuel reduction in Orinda. The SSTOC recommends funding a pilot program where FSMO would be responsible for administering the City’s existing Fire Fuels Reduction Incentive Program, a neighborhood group-based fuel reduction project program, and some community outreach and education efforts currently performed by City staff.

RECOMMENDATION:

Support the SSTOC recommendation and direct Staff to prepare a services contract for approval at a future City Council meeting that authorizes funding for FSMO for a one-year pilot program.

BACKGROUND:

On August 19, 2025, the City Council discussed a request from FSMO to fund efforts relating to wildfire mitigation on private residential property. The initial request from FSMO was $400,000 annually for three years. The City Council referred the matter to the SSTOC to evaluate the request in conjunction with the City's other current efforts.

On September 10, 2025, the SSTOC discussed the request and formed the Subcommittee. The Subcommittee met with City staff and FSMO leadership multiple times and developed a proposal that was ultimately approved by the SSTOC.

DISCUSSION:

The City of Orinda’s current wildfire mitigation incentive is known as the “Measure R Fire Fuels Reduction Incentive Pilot Program”, which helps individual households remove hazardous vegetation to reduce wildfire risk around their homes. The program launched Item H.1
Packet Page 220
on November 1, 2022, using funds from Measure R, a voter-approved half-cent sales tax approved in November 2020. It provides reimbursement for 50% of eligible vegetation removal costs—initially up to $599 per property and, since April 16, 2024, up to $1,000 per property per year. The program supports residential vegetation removal and operates on a first-come, first-served basis until the originally authorized $400,000 in funding is exhausted.

To date, this program has processed 279 incentive awards totaling $191,551 in reimbursements. Residents have self-reported project costs totaling $857,226, with an average cost per property of $3,077 and an average reimbursement of $687. Of the 173 applications submitted since the reimbursement limit increased, 105 requested the full $1,000, and 21 awards were for residents requesting funds for a second time.

FSMO has developed a neighborhood group project-matching grant program that provides up to $10,000 in matching funds per project for hazardous vegetation removal.

Projects require participation by at least five properties and include a commitment to ongoing maintenance. This group-based approach is designed to remove fire fuels at scale, increase neighborhood collaboration, and support residents who may face financial, physical, or logistical barriers to completing fuel-reduction work independently.

FSMO’s neighborhood-based model complements the existing Measure R Fire Fuels Reduction Incentive Program, which currently provides a matching grant of up to $1,000 per eligible property. The SSTOC is recommending increasing the incentive award to $1,500 matching grant per property.

While the current Measure R Incentive program focuses on individual parcels, FSMOs address wildfire risk at a broader neighborhood scale. The SSTOC believes a coordinated approach administered by FSMO would help residents determine the most appropriate program, prevent duplicative or overlapping assistance, and promote efficient use of limited grant funding.

In addition to grant administration, FSMO conducts extensive outreach and education to reinforce defensible space best practices and increase community awareness and participation. Activities include supporting Firewise Neighborhood development, attending Firewise meetings, hosting a biannual Wildfire Fair, distributing educational materials, and participating in City-sponsored community events. Expanded program support would allow FSMO to further integrate education, funding, and grass-roots outreach into a comprehensive wildfire-resilience strategy.

The SSTOC reviewed these program components and supports funding to strengthen the community’s capacity to deliver coordinated, equitable, and effective wildfire fuelreduction and education efforts.

The proposed program includes three components, described below:

Item H.1
Packet Page 221
1) Administering the Existing City Fire Fuels Reduction Incentive Program – up to $200,000
It is recommended that FSMO administer the City’s current Fire Fuels Reduction Incentive Program. The SSTOC expects FSMO to make every effort to maintain and grow the existing program. The total funding of up to $200,000, (up to $1,500 per household, per year) which will be paid on a reimbursement basis, includes a proposed 12 percent administrative cost, consistent with administrative fees commonly applied across local and state grant programs. These costs support shared overhead functions such as program administration, fiscal management, compliance, reporting, and coordination, and are separate from direct project costs. Comparable grant programs frequently set administrative fee caps of 10 to 15 percent, depending on program structure and oversight requirements.

The coordination goals of the program are to prevent duplication of subsidies for the same project or work, optimize the allocation of limited Measure R resources, improve community-wide defensible space outcomes, and ensure the efficient and coordinated delivery of both programs. To support these goals, the incentive program will track key metrics, including the number of homes served, the type of qualifying work completed, proof of payment submitted, documented educational engagement, before-and-after photographs, and the average cost per treated property. 2) Neighborhood-Based Wildfire Fuel Reduction Grants – up to $200,000 FSMO will administer a neighborhood-based wildfire fuel-reduction grant program that requires participation by at least five properties per project.  Matching Grant Contribution: Up to $10,000 per neighborhood project.  Resident Cost Share: Minimum 50% of the total project cost.  Minimum Participation: At least five households per project.  FSMO Administrative Cost: 12% of the total project cost, tied to project completion.

Accommodations are available for vulnerable or fixed-income residents who meet the Contra Costa County program funding criteria. The logistics of these accommodations will be determined on a group-by-group basis.

Neighborhood groups will apply for participation through FSMO, with all applications submitted to, vetted, and approved by FSMO based on established eligibility criteria.

FSMO will verify eligibility, define project scope, and confirm resident cost-sharing commitments. The organization will also assist neighborhood groups in obtaining competitive bids from licensed and insured hazardous vegetation removal contractors, typically requiring a minimum of three bids, though fewer may be accepted in limited circumstances.

Item H.1
Packet Page 222
Prior to City reimbursement, FSMO will provide detailed cost tracking and documentation.

To ensure appropriate oversight and fiscal responsibility, no more than three projects will be active at any given time, and detailed cost records will be maintained for each project.

Additionally, the City may request an annual independent audit conducted by a Cityapproved public accounting firm.

Program performance will be measured through several key metrics, including vegetation management outcomes such as the type and volume of vegetation removed and beforeand-after photographic documentation; project metrics such as the number of neighborhood projects completed and properties treated; and financial metrics including total Measure R funds expended, total homeowner cost share, FSMO administrative costs, average and median cost per property treated, and any additional information reasonably requested by the City.
3) Community Outreach and Education
FSMO will conduct grassroots outreach and education activities designed to increase participation in wildfire risk-reduction programs and promote defensible space best practices. The items listed below are examples of those activities but are not intended to be an exhaustive listing.

Outreach and Education Activities
 Firewise Neighborhood Meetings ($1,000 annually): Attendance at Firewise meetings to provide program information, answer questions, and reinforce defensible space principles.
 Wildfire Fair ($5,000 per event): Planning and management of one Wildfire Fair every other year in coordination with the City and MOFD, including educational booths, demonstrations, and program sign-ups.
 Educational Materials ($5,000–$6,000 annually): Development and distribution of mailers, postcards, and door hangers targeted to high-risk areas and aligned with fire season and program enrollment periods.
 Community Events Outreach ($500 per event): Participation in City-sponsored events such as Trunk or Treat and July 4th celebrations to provide wildfire preparedness information.
 Wildfire Preparedness Contests or Awareness ($15,000 annually): Administration of new incentive-based programs to encourage resident participation and neighborhood collaboration. (e.g., landscaping contests or showcasing resident projects in Orinda.) In addition to the efforts listed above, Staff recommends three additional components to be paid by the City, which directly support the success of the program. These items Item H.1
Packet Page 223
include (1) an annual financial review by a qualified independent Certified Public Accountant, (2) a cost analysis to determine appropriate administrative overhead charges, and (3) performance incentives designed to ensure continued momentum and success of the City’s current “individual” incentive program (Program 1).

NEXT STEPS:

At the City Council’s direction, Staff will work with FSMO to develop a services agreement based on the above program components. That agreement will be placed on a future City Council meeting agenda for approval.

FISCAL IMPACT:

The total proposed funding for the one-year pilot program is $450,000, allocated as follows:
 Up to $200,000 for the current Measure R Incentive Program.  Up to $200,000 for the new FSMO Neighborhood-based program.  Up to $50,000 allocation for certain outreach and educational activities.

STRATEGIC PLAN INITIATIVE:

1. Wildfire Resilience and Emergency Preparedness
b. Cultivate shared accountability between the government, partners, and residents in wildfire adaptability and preparedness through the support of neighborhood-driven approaches on home hardening and fuel reduction. Lead by example through City initiatives within the public right-of-way. e. Evaluate current incentive programs and recommend changes and actions to bolster wildfire mitigation efforts.
g. Increase collaboration with community non-profits, such as the Fire Safe Moraga Orinda to support the creation of more Firewise neighborhoods.

ATTACHMENTS:

A. Fire Safe Moraga-Orinda Funding Request to City Council August 2025 Respectfully Submitted by,
Micki Cronin, Senior Management Analyst
Approved By:

Linda Smith, City Manager
Item H.1
Packet Page 224
City Council
Staff Report
Agenda Item: H.1
Date: August 19, 2025
Department: City Council
AGENDA TITLE: Fire Safe Moraga-Orinda Funding Request
RECOMMENDATION:

Receive report from Staff, as well as presentation from Fire Safe Moraga-Orinda.

Discuss the request and provide direction to Staff.

BACKGROUND:

Last year, upon incorporation as a 501(c)(3) nonprofit, Fire Safe Moraga-Orinda (FSMO), with the assistance of City of Orinda staff and its contract grant writers, applied for and was awarded $100,000 from the California Fire Safe Council. The funding is designated to support defensible space and fuel mitigation projects in Orinda and Moraga, as well as in unincorporated areas served by Moraga Orinda Fire District (MOFD).

Under the FSMO model, eligible projects may receive up to a 50% cost share, with a maximum organizational contribution of $10,000 for projects totaling $20,000 or more.

To qualify, the project must include a minimum of five neighboring households willing to assume financial responsibility for half or more of the project cost. FSMO additionally provides comprehensive project management services to ensure all mitigation activities are performed in accordance with recognized best practices for fire fuel reduction.

Recently, the organization has also suggested exemptions for low-income, disabled, elderly, or otherwise financially burdened individuals from the cost-share requirement.

Currently, due to a prolonged reimbursement process on the California Fire Safe Council’s side, the organization is using funds raised from private donations to pay contractors. As a result of this financial constraint, three of the six approved projects have been put on hold, pending the release of the grant funds to FSMO.

On March 7, 2025, the City received a funding request from FSMO, asking the City Council to consider contributing $400,000 in funding annually for a three-year period to support 30 Neighborhood Defensible Space projects each year, as well as support staff for project management and increased Firewise neighborhood outreach.

DISCUSSION:

In response to the request from FSMO, Staff communicated with Marc Evans to discuss the request in greater detail to provide the City Council additional context to the request.

Staff was seeking additional details about how the organization would manage, track, and account for funds to ensure that Orinda tax dollars are used exclusively for projects and staff time within Orinda.

Item H.1
Packet Page 225
To the latter matter of staff time, Mr. Evans clarified that FSMO employees are contractors, with the Executive Director (ED) focusing on project management of the Neighborhood Defensible Space projects and tracking time based upon each individual neighborhood project grant. Additionally, the Communications Specialist (CS) role focuses on coordinating the Orinda Firewise Network and includes website development, newsletter distribution, and meeting coordination. Since this position operates district-wide and supports efforts that benefit Orinda yet are not specific or easy to define such FSMO proposes limiting its funding request to a maximum of 50 percent of the position’s cost.

For financial accountability, FSMO has retained Werner Accounting Services, the same firm that supports the Diablo Fire Safe Council. Based on Werner’s guidance, FSMO adopted QuickBooks Online for budget and ledger management to improve its transparency and ability to meet all reporting requirements for grants.

City staff sought clarification on the project selection process and MOFD’s role in prioritization. Mr. Evans confirmed that projects are selected through a competitive application process and in collaboration with MOFD. Notably, Mr. Evans emphasized that MOFD has designated the entire jurisdiction as a Wildland-Urban Interface, highlighting the widespread wildfire risk throughout the region. To this point, FSMO does not use geographic location as the sole criterion for project prioritization. Winddriven embers, a leading cause of structure loss during wildfires, render hyper-local prioritization impractical.

FSMO has also formally submitted funding requests to the Town of Moraga and MOFD.

It is seeking financial support to continue advancing its mission:
“To protect our community from wildfire by providing grant funding to property owners for the purpose of hazardous fuel removal.”
Based on the review of FSMO’s request and subsequent follow up questions, Staff is confident in FSMO’s approach to segregating funds for Orinda projects, as well as the staff support for those projects.

Should the City Council be interested in annual support for FSMO, Staff would recommend the following:
• Refer the matter to the Supplemental Sales Tax Oversight Commission for further review with additional guidance/parameters from the City Council; and • Consider what modifications, if any, would be necessary to existing programs currently being offered by the City, including the current fuel reduction incentive program.

FISCAL IMPACT:

Should the City Council be interested in supporting this request for annual funding, the City would use Measure R funds to accommodate up to $400,000 annually for a period Item H.1
Packet Page 226
of three years. This amount would be offset by existing programmed funding, if the City Council were interested in shifting this responsibility to FSMO.

ATTACHMENTS:

A. Fire Safe Moraga Orinda Funding Request Letter
Respectfully Submitted by:

Micki Cronin
Senior Management Analyst
Prepared By: Micki Cronin, Senior Management Analyst
Approved by:

Item H.1
Packet Page 227
1 March 7, 2025
Subject: City of Orinda Funding Request for Fire Safe Moraga-Orinda ACenDon: Mayor LaDka Malkani
Cc: Vice Mayor Brandyn Iverson, Councilmember Darlene Gee, Councilmember Cara Hoxie, Councilmember Janet Riley, City Manager Linda Smith, City Clerk Sherri Smith, FSMO Board Members Sandy Gross, Jud Hammon, Steve Hoyt, Melanie Light, FSMO ExecuDve Director Rob Schroeder
Mayor Malkani,
Fire Safe Moraga-Orinda (FSMO), a 501(c)(3) non-profit, requests funding from the City of Orinda to help residents within Orinda prepare for and respond to potenDal wildfire. We request consideraDon of $400,000 annual funding; over a three-year period this is $1,200,000.

If funding is provided, this request would:

1. Fund approximately thirty (30) FSMO Neighborhood Defensible Space Projects each year; with an esDmated annual Orinda funding of $300,000. Each project would be a 50/50 cost share where the City of Orinda would provide up to $10,000 per project and the resident group would match the Orinda funded amount, up to $10,000. Cost share allocaDons funded by City of Orinda, for each group of Orinda parcels, would not exceed $10,000 (e.g., cost share maximum allocaDon match of $10,000 provided to residents). If an Orinda resident group requests work that exceeds $20,000 total by the selected Fire Fuels Removal Contractor, the residents would be required to pay 100% of any amount above $20,000 or reduce their project scope. These Neighborhood Defensible Space projects would help approximately 300 Orinda residents annually.

2. Fund a FSMO ExecuDve Director posiDon to manage the FSMO Neighborhood Defensible Space Project porcolio and support outreach to residents across Orinda regarding availability and requirements of these grants. EsDmated annual Orinda funding of $50,000.

This funding request is 1/3 the cost for a full-Dme ExecuDve Director. Please note the current FSMO ExecuDve Director works part-Dme but is available to increase their Dme commitment if this funding is provided.

Item H.1
Packet Page 228
2 3. Fund a New Firewise CommunicaDon Specialist. This Firewise posiDon was recently added to the FSMO organizaDon and is a key enabler to increase engagement of ALL residents across Orinda. EsDmated annual Orinda funding of $50,000. This posiDon supports exisDng Moraga-Orinda Firewise Network (MOFN) Neighborhoods and creaDon of New Firewise Neighborhoods via website update and improvement, monthly newsleCer, support for MOFN bi-monthly Leaders meeDng, and support of outreach events including the Annual City of Orinda Wildfire Safety and Preparedness Fair. This funding request funds 40% of this posiDon.

Please let me know if you have quesDons or you would like a formal proposal / presentaDon in the future.

Thank you,
Marc Evans
60 Monte Vista Road
Orinda, CA 94563
Fire Safe Moraga-Orinda President
Moraga-Orinda Firewise Network Chairperson
[email protected]
Item H.1
Packet Page 229

Orinda City CouncilApril 7, 2026

Orinda City Council
April 7, 2026