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HomeMy WebLinkAboutLarry Walker Associates Incorporated; 2023-06-02; PSA23-2196ENVPSA23-2196ENV City Attorney Approved Version 4/24/2023 1 AGREEMENT FOR ON-CALL REGULATORY SUPPORT SERVICES LARRY WALKER ASSOCIATES, INCORPORATED THIS AGREEMENT is made and entered into as of the __________ day of _________________________, 2023, but effective July 17, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City") and Larry Walker Associates, Incorporated, a California corporation ("Contractor"). RECITALS A.City requires the professional services of a consultant that provides highly specialized on-call regulatory support for water quality, storm water, and watershed management services. B.Contractor has the necessary experience in providing professional services and advice related to regulatory and National Pollutant Discharge Elimination System permit assistance, watershed management and assessment, water quality monitoring, and data evaluation. C.Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be forty thousand dollars ($40,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed forty thousand dollars ($40,000) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 June 2nd PSA23-2196ENV City Attorney Approved Version 4/24/2023 2 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 PSA23-2196ENV City Attorney Approved Version 4/24/2023 3 carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 PSA23-2196ENV City Attorney Approved Version 4/24/2023 4 the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Tim Murphy Name Paul Hartman Title Senior Program Manager Title Project Manager Department Environmental Sustainability Address 888 Prospect Street, Suite 200 City of Carlsbad La Jolla, CA 92037 Address 1635 Faraday Avenue Phone No. 760-730-9446 Carlsbad, CA 92008 Email paulh@lwa.com Phone No. 442-339-2795 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 PSA23-2196ENV City Attorney Approved Version 4/24/2023 5 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. Yes No If yes, list the contact information below for all individuals required to file: Name Email Phone Number 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 □ PSA23-2196ENV City Attorney Approved Version 4/24/2023 6 determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 PSA23-2196ENV City Attorney Approved Version 4/24/2023 7 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California LARRY WALKER ASSOCIATES, INCORPORATED, a California corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Brian Laurenson, Vice President (print name/title) By: (sign here) Jeffery Walker, Chief Financial Officer (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Deputy City Attorney DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 May 04, 2023 Tim Murphy Senior Program Manager Watershed Protection Division City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Tim.Murphy@carlsbadca.gov Subject: Scope of Services for On-Call Regulatory Support Dear Mr. Murphy: Larry Walker Associates (LWA) is pleased to provide this Scope of Services for On-Call Regulatory Support to the City of Carlsbad (City). LWA is a privately owned firm with offices located in La Jolla, Davis, Berkeley, San Jose, Santa Monica, and Ventura, California and Seattle, Washington. LWA provides a wide variety of consulting services ranging from traditional water and wastewater engineering to highly specialized water quality, storm water and watershed management services. Examples of specialized services include regulatory and National Pollutant Discharge Elimination System permit assistance, storm water management and assessment, water quality monitoring and data evaluation, total maximum daily load development and implementation, waste minimization and pollution prevention, and water quality monitoring and management support. LWA has extensive experience supporting municipal agencies across the State with similar regulatory efforts, including the City of Carlsbad, and we are excited to further our working relationship with you and your staff. Potential Services Under this Scope of Services, tasks will be assigned on an on-call basis to support the City’s Watershed Protection Division. Once discussed with the City’s project manager, LWA will develop a brief scope, budget, and schedule for each task. Upon approval, LWA will complete the task as assigned. Under this Scope of Services, several examples of tasks and potential levels of effort are described below. The level of effort for each may change as it will depend upon the agreed upon scope and deliverables, which will be determined as tasks are assigned. •Critical review and assessment of 303(d) listed waterbodies within the City’s jurisdiction or watersheds, as included in the Final 2014/2016 California Integrated Report (Clean Water Act Section 303(d) list/305(b) Report) developed by the State Water Resources Control Board (24 – 40 hours); •Review of relevant data and development of delisting reports for specific waterbody-pollutant combinations based on review and assessment of current listings (24 – 32 hours each); PSA23-2196ENV Exhibit "A" DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 LARRY WALKER ASSOCIATES science I policy I solutions 888 Prospect St Suite 200 La Jolla, CA 92037 760.730.9446 info@lwa.com lwa.com Mr. Tim Murphy On-Call Regulatory Support Scope of Services Page 2 May 04, 2023 •Review and evaluation of bacteria data and associated challenges with shellfish harvesting in the outer basin of Agua Hedionda Lagoon (16 – 24 hours); •Review and evaluation of Sediment Quality monitoring data within Agua Hedionda Lagoon in light of the Statewide Sediment Quality Objectives and recent citizen concerns within the inner basin of the Lagoon (8 – 12 hours); •Review and comment on proposed regulatory actions or policies affecting the City that may be issued by the San Diego Regional Water Quality Control Board (e.g., MS4 Permit re-issuance, Triennial Review), State Water Resources Control Board (e.g., Statewide Biostimulatory Substances Water Quality Objectives, Statewide Toxicity Provisions), or USEPA (24 – 40 hours each); and •Regulatory tracking and evaluation of local, state, and/or federal legislative actions and policies that may affect the City’s programs (8 – 10 hours per effort). Budget LWA will provide regulatory support on a time and materials basis not to exceed $40,000. The rate sheet for LWA for FY 23-24 is provided as Exhibit A. I will be your project manager for this Scope of Services and will be supported by an experienced, well informed group of professionals in the San Diego office and throughout the State, depending on the nature of the task(s). Please feel free to contact me at 760.730.9446 or paulh@lwa.com if you have any questions about this Scope of Services. We look forward to working with you on this important project. Sincerely, Paul Hartman Associate Scientist Enclosures: Exhibit A, LWA 2023-2024 Rate Sheet PSA23-2196ENV Exhibit "A" (Cont.) DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 ~od EXHIBIT A: LARRY W ALKER A SSOCI AT ES RATE SHEET Effective July 1, 2023 – June 30, 2024 5/2/2023 TITLE RATE ($/Hour) REIMBURSABLE COSTS Administrative $ 80 Travel Contract Coordinator $145 Local Mileage Current IRS Rate AR/AP Manager $145 Transportation Actual Expense Graphic Designer $134 Auto Rental Actual Expense Senior Graphic Designer $174 Fares Actual Expense Project Staff I-C $140 Room Actual Expense Project Staff I-B $169 Subsistence and Per Diem Meals (1) Current GSA Rate Project Staff I-A $196 Breakfast Current GSA Rate Project Staff II-B $208 Lunch Current GSA Rate Project Staff II-A $235 Dinner Current GSA Rate Senior Staff I $253 Incidentals Current GSA Rate Senior Staff II $272 Report Reproduction and Copying Associate I $289 Per Color Copy, In-House $0.89 Associate II $305 Per Black and White Copy, In-House $0.08 Vice President $322 Per Binding, In-House $1.95 Executive Vice President $337 Special Postage and Express Mail Actual Expense Senior Executive $353 Third-Party Material Preparation Actual Expense President $353 Other Direct Costs Actual Expense Daily Equipment Rental Rates Single Parameter Meters & Equipment $30.00 Digital Flow Meter $60.00 Multi-Parameter Field Meters & Sondes $100.00 RTK-GPS, RiverSurveyor, Tracer Study Equipment $250.00 Multi-Parameter Continuous Remote Sensing $40.00 Field Rig (Field Vehicle And All Equipment) $200.00 Subcontractors Actual Expense Plus 10% Fee Note: (1) Charged when overnight lodging is required. U.S. General Services Administration rates specified by location of work at gsa.gov PSA23-2196ENV Exhibit "A" (Cont.) DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 3/24/2023 AssuredPartners Design Professionals Insurance Services, LLC3697 Mt. Diablo Blvd Suite 230Lafayette CA 94549 Doris A. Chambers (510) 272-1499 510-452-2193 Doris.Chambers@AssuredPartners.com License#: 6003745 The Travelers Indemnity Company of Connecticut 25682 LARRYWALK Travelers Property Casualty Company of America 25674Larry Walker Associates, Inc.1480 Drew Ave., #100Davis CA 95618-4124 Indian Harbor Insurance Company 36940 2129189665 B X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 Y Y 6809H382758 4/1/2023 4/1/2024 4,000,000 A 1,000,000 X X Y Y BA5R188533 4/1/2023 4/1/2024 B X N Y UB7K823655 4/1/2023 4/1/2024 1,000,000 1,000,000 1,000,000 C Professional Liability &Contr. Pollution Liab Included Y PEC003092713 4/1/2023 4/1/2024 Per ClaimAggregate Limit $2,000,000$4,000,000 REF: ALL PROJECTS - City of Carlsbad Professional Services Agreement, PSA18-467ENV, LWA PN 596.01. All operations of the Named Insured. The City ofCarlsbad is named as Additional Insured to General and Auto Liability per policy form wording. Insurance is Primary and Non-contributory with Severability ofInterest clause. Waiver of Subrogation applies to Workers Compensation coverages per policy form wording. Professional Liability Deductible: $50,000.Cancellation provisions are solely as shown on this certificate. 30 Days Notice of Cancellation. City of Carlsbad/CMWDc/o EXIGIS Insurance Compliance ServicesP.O. Box 947Murrieta CA 92564 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 ACORD® I ~ I ~ □ □ ~ ~ Fl □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I ÐÑÔ×ÝÇÒËÓÞÛÎ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò    ̸·­»²¼±®­»³»²¬³±¼·º·»­·²­«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ    øײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·­Í½¸»¼«´»ô·º²±¬­¸±©²¿¾±ª»ô©·´´¾»­¸±©²·²¬¸»Ü»½´¿®¿¬·±²­ò÷ Í»½¬·±²×× É¸±×­ß²×²­«®»¼·­¿³»²¼»¼¬±·²ó ̸·­·²­«®¿²½»¼±»­²±¬¿°°´§¬±þ¾±¼·´§·²¶«®§þ±® ½´«¼»¿­¿²¿¼¼·¬·±²¿´·²­«®»¼¬¸»°»®­±²ø­÷±® þ°®±°»®¬§¼¿³¿¹»þ±½½«®®·²¹ô±®°»®­±²¿´·²¶«®§Œ ±®¹¿²·¦¿¬·±²ø­÷­¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§ ±®¿¼ª»®¬·­·²¹·²¶«®§Œ¿®·­·²¹±«¬±º¿²±ºº»²­» ©·¬¸®»­°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þôþ°®±°»®¬§ ½±³³·¬¬»¼ô¿º¬»®æ ¼¿³¿¹»þôþ°»®­±²¿´·²¶«®§Œ±®¿¼ª»®¬·­·²¹·²¶«®§þ ß´´©±®µô·²½´«¼·²¹³¿¬»®·¿´­ô°¿®¬­±®»¯«·°ó½¿«­»¼ô·²©¸±´»±®·²°¿®¬ô¾§æ ³»²¬º«®²·­¸»¼·²½±²²»½¬·±²©·¬¸­«½¸©±®µô DZ«®¿½¬­±®±³·­­·±²­å±®±²¬¸»°®±¶»½¬ø±¬¸»®¬¸¿²­»®ª·½»ô³¿·²¬»ó ²¿²½»±®®»°¿·®­÷¬±¾»°»®º±®³»¼¾§±®±²̸»¿½¬­±®±³·­­·±²­±º¬¸±­»¿½¬·²¹±²§±«®¾»¸¿´º±º¬¸»¿¼¼·¬·±²¿´·²­«®»¼ø­÷¿¬¬¸»´±½¿ó¾»¸¿´ºå ¬·±²±º¬¸»½±ª»®»¼±°»®¿¬·±²­¸¿­¾»»²½±³ó·²¬¸»°»®º±®³¿²½»±º§±«®±²¹±·²¹±°»®¿¬·±²­º±®°´»¬»¼å±®¬¸»¿¼¼·¬·±²¿´·²­«®»¼ø­÷¿¬¬¸»´±½¿¬·±²ø­÷¼»­·¹ó ̸¿¬°±®¬·±²±ºþ§±«®©±®µþ±«¬±º©¸·½¸¬¸»²¿¬»¼¿¾±ª»ò ·²¶«®§±®¼¿³¿¹»¿®·­»­¸¿­¾»»²°«¬¬±·¬­·²óÉ·¬¸®»­°»½¬¬±¬¸»·²­«®¿²½»¿ºº±®¼»¼¬±¬¸»­»¬»²¼»¼«­»¾§¿²§°»®­±²±®±®¹¿²·¦¿¬·±²¿¼¼·¬·±²¿´·²­«®»¼­ô¬¸»º±´´±©·²¹¿¼¼·¬·±²¿´»¨½´«ó ±¬¸»®¬¸¿²¿²±¬¸»®½±²¬®¿½¬±®±®­«¾½±²¬®¿½ó­·±²­¿°°´§æ ¬±®»²¹¿¹»¼·²°»®º±®³·²¹±°»®¿¬·±²­º±®¿ °®·²½·°¿´¿­¿°¿®¬±º¬¸»­¿³»°®±¶»½¬ò ݱ°§®·¹¸¬îððë̸»Í¬òп«´Ì®¿ª»´»®­Ý±³°¿²·»­ôײ½òß´´®·¹¸¬­®»­»®ª»¼ò п¹»ï±ºï ײ½´«¼»­½±°§®·¹¸¬»¼³¿¬»®·¿´±º×²­«®¿²½»Í»®ª·½»­Ñºº·½»ôײ½ò©·¬¸·¬­°»®³·­­·±²ò Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 6809H382758 3/24/2023 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 ÐÑÔ×ÝÇÒËÓÞÛÎæ COMMERCIAL GENERAL LIABILITY ISSUED DATE: ÌØ×ÍÛÒÜÑÎÍÛÓÛÒÌÝØßÒÙÛÍÌØÛÐÑÔ×ÝÇòÐÔÛßÍÛÎÛßÜ×ÌÝßÎÛÚËÔÔÇò   ̸·­»²¼±®­»³»²¬³±¼·º·»­·²­«®¿²½»°®±ª·¼»¼«²¼»®¬¸»º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔÙÛÒÛÎßÔÔ×ßÞ×Ô×ÌÇÝÑÊÛÎßÙÛÐßÎÌ    ײº±®³¿¬·±²®»¯«·®»¼¬±½±³°´»¬»¬¸·­Í½¸»¼«´»ô·º²±¬­¸±©²¿¾±ª»ô©·´´¾»­¸±©²·²¬¸»Ü»½´¿®¿¬·±²­ò ·­¿³»²¼»¼¬±·²ó ´±½¿¬·±²¼»­·¹²¿¬»¼¿²¼¼»­½®·¾»¼·²¬¸»­½¸»¼«´»±º ½´«¼»¿­¿²¿¼¼·¬·±²¿´·²­«®»¼¬¸»°»®­±²ø­÷±®±®ó ¬¸·­»²¼±®­»³»²¬°»®º±®³»¼º±®¬¸¿¬¿¼¼·¬·±²¿´·²ó ¹¿²·¦¿¬·±²ø­÷­¸±©²·²¬¸»Í½¸»¼«´»ô¾«¬±²´§©·¬¸ ­«®»¼¿²¼·²½´«¼»¼·²¬¸»þ°®±¼«½¬­ó½±³°´»¬»¼±°»®¿ó ®»­°»½¬¬±´·¿¾·´·¬§º±®þ¾±¼·´§·²¶«®§þ±®þ°®±°»®¬§¼¿³ó ¬·±²­¸¿¦¿®¼þò ¿¹»þ½¿«­»¼ô·²©¸±´»±®·²°¿®¬ô¾§þ§±«®©±®µþ¿¬¬¸» ×ÍÑЮ±°»®¬·»­ôײ½òôîððì п¹»ï±ºï Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products- completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. 3/24/20236809H382758 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 © COMM RCI L AUTOE A T IS ENDORSEMENT CHANGES T E POLICY.PL ASE READ IT CAREFULLY.H H E BLANKET ADDITIONAL INSURED Thi e dorseme t m dfie i surance prov ded under he f l o ing:s n n o i s n i t o l w BUS NE S A TO OV RAGE F RMI S U C E O M TO CA RI R COV RA E F RMO R R E E G O The fo lo ing i added to Parag aphl w s r c.in A.1.,Who be ween you and that pe son or organiza ion,that istrt Is An Insu edr,of SECTION II CO E ED AU OV R T S si ned by yo be o e the "bodi y injury or "prope tyg u f r l " r L ABI I Y CO E AGEI L T V R in the BUSIN SS AUTE O dam ge occur and that is in ef e t during the polcya " s f c i CO ERAGE FO MVR and Pa agraphr e.in A.1.,Who Is pe iod,to nam as an addi ional insured fo Cov redretr e An Insu edr,of SECT ON II CO ERED AU OIV T S Auto Liabilty Cov rage,but o ly fo dam ges tos i e n r a L ABI I Y CO ERAGEI L T V in the MOT R CARRIEOR whi h this insurance applie an only to the ex ent ocs d t f CO ERAGE FO MVR,whichev r Co erage Form i that perso 's o o ganizat o 'se v s n r r i n lia ilty fo the co ductb i r n pa t o y ur poli y o anot er "in ured".r f o c :f h s Thi i cl de any perso or organi ation who you ares n u s n z re ui ed unde a written cont a t o ag ee entq r r r c r r m CA 4 37 2 16T 0 ©2016 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 Includes copyrighted material of nsurance Services OfIf ce,Inc.with its permis ion.i s Policy:BA5R188533 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM SECTION I COVERED AUTOSVariousprovisionsinthispolicyrestrictcoverage. Read the entire policy carefully to determine rights,Item Two of the Declarations shows the "autos"thatdutiesandwhatisandisnotcovered.are covered "autos"for each of your coverages.The Throughout this policy the words "you"and "your"re-following numerical symbols describe the "autos"that fer to the Named Insured shown in the Declarations.may be covered "autos".The symbols entered next to The words "we","us"and "our"refer to the company a coverage on the Declarations designate the only providing this insurance."autos"that are covered "autos". A.Description Of Covered Auto DesignationOtherwordsandphrasesthatappearinquotation marks have special meaning.Refer to Section V Symbols Definitions. Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" Owned "Autos"Only those "autos"you own (and for Covered Autos Liability Coverage any2 "trailers"you don't own while attached to power units you own).This includesOnly those "autos"you acquire ownership of after the policy begins. Owned Private Only the private passenger "autos"you own.This includes those private3 Passenger passenger "autos"you acquire ownership of after the policy begins. "Autos"Only Owned4 Only those "autos"you own that are not of the private passenger type (and for "Autos"Other Covered Autos Liability Coverage any "trailers"you don't own while attached to Than Private power units you own).This includes those "autos"not of the private passenger type you acquire ownership of after the policy begins.Passenger "Autos"Only 5 Owned "Autos"Only those "autos"you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged.This includes those "autos"you acquire ownership of after the policy begins provided they are required to have no-No-fault fault benefits in the state where they are licensed or principally garaged. Owned "Autos"6 Only those "autos"you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage.This includes those "autos"you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. Specifically Only those "autos"described in Item Three of the Declarations for which a7 Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos"you don't own while attached to any power unit described in Item Three). 8 Hired "Autos"Only those "autos"you lease,hire,rent or borrow.This does not include any "auto" you lease,hire,rent or borrow from any of your "employees",partners (if you are aOnly partnership),members (if you are a limited liability company)or members of their households. 9 Non-owned Only those "autos"you do not own,lease,hire,rent or borrow that are used in connection with your business.This includes "autos"owned by your "employees","Autos"Only partners (if you are a partnership),members (if you are a limited liability company) or members of their households but only while used in your business or your personal affairs. CA 00 01 10 13 Insurance Services Office,Inc.,2011 Page 1 of 12 Policy #BA5R188533 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 COMMERCIAL AUTO 19 Mobile Equip-Only those "autos"that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment"under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial licensed or principally garaged. Responsibility Or Other Motor Vehicle Insur- ance Law Only SECTION II COVERED AUTOS LIABILITY COV-B.Owned Autos You Acquire After The Policy ERAGEBegins A.Coverage1.If Symbols 1, 2, 3, 4, 5,6 or 19 are entered next to a coverage in Item Two of the Decla-We will pay all sums an "insured"legally must pay rations,then you have coverage for "autos"as damages because of "bodily injury"or "prop- that you acquire of the type described for the erty damage"to which this insurance applies, remainder of the policy period.caused by an "accident"and resulting from the ownership,maintenance or use of a covered2.But,if Symbol 7 is entered next to a coverage "auto".in Item Two of the Declarations,an "auto"you We will also pay all sums an "insured"legallyacquirewillbeacovered"auto"for that cov- must pay as a "covered pollution cost or expense"erage only if: to which this insurance applies,caused by ana.We already cover all "autos"that you own "accident"and resulting from the ownership,for that coverage or it replaces an "auto"maintenance or use of covered "autos".However,you previously owned that had that cov-we will only pay for the "covered pollution cost orerage;and expense"if there is either "bodily injury"or "prop- erty damage"to which this insurance applies thatb.You tell us within 30 days after you ac- is caused by the same "accident".quire it that you want us to cover it for that coverage.We have the right and duty to defend any "in- sured"against a "suit"asking for such damagesC.Certain Trailers,Mobile Equipment And Tem- or a "covered pollution cost or expense".How-porary Substitute Autos ever,we have no duty to defend any "insured"If Covered Autos Liability Coverage is provided by against a "suit"seeking damages for "bodily in-this Coverage Form,the following types of vehi-jury"or "property damage"or a "covered pollutionclesarealsocovered"autos"for Covered Autos cost or expense"to which this insurance does notLiabilityCoverage:apply.We may investigate and settle any claim or "suit"as we consider appropriate.Our duty to de-1."Trailers"with a load capacity of 2,000 fend or settle ends when the Covered Autos Li-pounds or less designed primarily for travel ability Coverage Limit of Insurance has been ex-on public roads. hausted by payment of judgments or settlements.2."Mobile equipment"while being carried or 1.Who Is An Insuredtowedbyacovered"auto". The following are "insureds":3.Any "auto"you do not own while used with a.You for any covered "auto".the permission of its owner as a temporary substitute for a covered "auto"you own that is b.Anyone else while using with your per- out of service because of its:mission a covered "auto"you own,hire or borrow except:a.Breakdown; (1)The owner or anyone else fromb.Repair; whom you hire or borrow a coveredc.Servicing;"auto". d."Loss";or This exception does not apply if the covered "auto"is a "trailer"connectede.Destruction. to a covered "auto"you own. Page 2 of 12 Insurance Services Office,Inc.,2011 CA 00 01 10 13 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 COMMERCIAL AUTO (2)Your "employee"if the covered "auto"pay interest ends when we have paid, is owned by that "employee"or a offered to pay or deposited in court member of his or her household.the part of the judgment that is within our Limit of Insurance.(3)Someone using a covered "auto" while he or she is working in a busi-These payments will not reduce the Limit ness of selling,servicing,repairing,of Insurance. parking or storing "autos"unless that b.Out-of-state Coverage Extensionsbusinessisyours.While a covered "auto"is away from the(4)Anyone other than your "employees",state where it is licensed,we will:partners (if you are a partnership),(1)Increase the Limit of Insurance formembers(if you are a limited liability Covered Autos Liability Coverage tocompany)or a lessee or borrower or meet the limits specified by a com-any of their "employees",while mov-pulsory or financial responsibility lawingpropertytoorfromacoveredofthejurisdictionwherethecovered"auto"."auto"is being used.This extension(5)A partner (if you are a partnership)or does not apply to the limit or limitsamember(if you are a limited liability specified by any law governing motorcompany)for a cov red "auto"ownede carriers of passengers or property.by him or her or a member of his or (2)Provide the minimum amounts andherhousehold.types of other coverages,such as no-c.Anyone liable for the conduct of an "in-fault,required of out-of-state vehiclessured"described above but only to the by the jurisdiction where the coveredextentofthatliabilty.i "auto"is being used. 2.Coverage Extensions We will not pay anyone more than once a.Supplementary Payments for the same elements of loss because of these extensions.We will pay for the "insured": B.Exclusions(1)All expenses we incur. This insurance does not apply to any of the fol-(2)Up to $2,000 for cost of bail bonds lowing:(including bonds for related traffic law 1.Expected Or Intended Injuryviolations)required because of an "accident"we cover.We do not have "Bodily injury"or "property damage" expectedtofurnishthesebonds.or intended from the standpoint of the "in- (3)The cost of bonds to release attach-sured". ments in any "suit"against the "in-2.Contractualsured"we defend,but only for bond Liability assumed under any contract oramountswithinourLimitofInsur-agreement.ance. But this exclusion does not apply to liability(4)All reasonable expenses incurred by for damages:the "insured"at our request,including actual loss of earnings up to $250 a a.Assumed in a contract or agreement that day because of time off from work.is an "insured contract",provided the "bodily injury"or "property damage"oc-(5)All court costs taxed against the "in-curs subsequent to the execution of thesured"in any "suit"against the "in-contract or agreement;orsured"we defend.However,these payments do not include at-b.That the "insured"would have in the ab- torneys'fees or attorneys'expenses sence of the contract or agreement. taxed against the "insured".3.Workers'Compensation (6)All interest on the full amount of any Any obligation for which the "insured" or thejudgmentthataccruesafterentryof"insured's"insurer may be held liable underthejudgmentinany"suit"against the any workers'compensation,disability benefits"insured"we defend,but our duty to CA 00 01 10 13 Insurance Services Office,Inc.,2011 Page 3 of 12 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 COMMERCIAL AUTO 7.Handling Of Propertyorunemploymentcompensationlaworany similar law."Bodily injury"or "property damage"resulting from the handling of property:4.Employee Indemnification And Employer's Liability a.Before it is moved from the place where it is accepted by the "insured"for move-"Bodily injury"to: ment into or onto the cov red "auto";orea.An "employee"of the "insured"arising out b.After it is moved from the covered "auto"of and in the course of: to the place where it is finally delivered by(1)Employment by the "insured";or the "insured". (2)Performing the duties related to the 8.Movement Of Property By Mechanical De-conduct of the "insured's"business;vice or "Bodily injury"or "property damage"resulting b.The spouse,child,parent,brother or sis-from the movement of property by a me- ter of that "employee"as a consequence chanical device (other than a hand truck) of Paragraph a.above.unless the device is attached to the covered "auto".This exclusion applies: 9.Operations(1)Whether the "insured"may be liable as an employer or in any other ca-"Bodily injury"or "property damage"arising out of the operation of:pacity;and a.Any equipment listed in Paragraphs 6.b.(2)To any obligation to share damages and 6.c.of the definition of "mobilewith or repay someone else who equipment";ormustpaydamagesbecauseofthein- jury.b.Machinery or equipment that is on,at- tached to or part of a land vehicle thatButthisexclusiondoesnotapplyto"bodily in-would qualify under the definition of "mo-jury"to domestic "employees"not entitled to bile equipment"if it were not subject to aworkers'compensation benefits or to liability compulsory or financial responsibility lawassumedbythe"insured"under an "insured or other motor vehicle insurance lawcontract".For the purposes of the Coverage where it is licensed or principally garaged.Form,a domestic "employee"is a person en- 10.Completed Operationsgagedinhouseholdordomesticworkper- formed principally in connection with a resi-"Bodily injury"or "property damage"arising dence premises.out of your work after that work has been completed or abandoned.5.Fellow Employee In this exclusion,your work means:"Bodily injury"to: a.Work or operations performed by you ora.Any fellow "employee"of the "insured"on your behalf;andarisingoutofandinthecourseofthefel- low "employee's"employment or while b.Materials,parts or equipment furnished in performing duties related to the conduct connection with such work or operations. of your business;or Your work includes warranties or representa- b.The spouse,child,parent,brother or sis-tions made at any time with respect to the fit- ter of that fellow "employee"as a conse-ness,quality,durability or performance of any quence of Paragraph a.above.of the items included in Paragraph a.or b. above.6.Care,Custody Or Control Your work will be deemed completed at the"Property damage"to or "covered pollution earliest of the following times:cost or expense"involving property owned or transported by the "insured" or in the "in-(1)When all of the work called for in your sured's"care, custody or control.But this ex-contract has been completed; clusion does not apply to liability assumed (2)When all of the work to be done atunderasidetrackagreement.the site has been completed if your Page 4 of 12 Insurance Services Office,Inc.,2011 CA 00 01 10 13 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 COMMERCIAL AUTO (2)The "bodily injury","property dam-contract calls for work at more than one site;or age"or "covered pollution cost or ex- pense"does not arise out of the op-(3)When that part of the work done at a eration of any equipment listed injobsitehasbeenputtoitsintendedParagraphs6.b.and 6.c.of the defi-use by any person or organization nition of "mobile equip ent"m .other than another contractor or sub- Paragraphs b.and c.above of this exclusioncontractorworkingonthesamepro- do not apply to "accidents"that occur awayject.from premises owned by or rented to an "in-Work that may need service,maintenance,sured"with respect to "pollutants"not in orcorrection,repair or replacement,but which is upon a covered "auto"if:otherwise complete,will be treated as com-(a)The "pollutants"or any propertypleted.in which the "pollutants"are con-11.Pollution tained are upset,overturned or damaged as a result of the main-"Bodily injury"or "property damage"arising tenance or use of a coveredoutoftheactual,alleged or threatened dis- "auto";andcharge,dispersal,seepage,migration,re- lease or escape of "pollutants":(b)The discharge,dispersal,seep- age,migration,release or escapea.That are,or that are contained in any of the "pollutants"is caused di-property that is:rectly by such upset,overturn or(1)Being transported or towed by,han-damage.dled or handled for movement into,12.Warontoorfromthecovered"auto"; "Bodily injury"or "property damage"arising(2)Otherwise in the course of transit by directly or indirectly out of:or on behalf of the "insured";or a.War,including undeclared or civil war;(3)Being stored,disposed of,treated or b.Warlike action by a military force,includ-processed in or upon the covered ing action in hindering or defending"auto";against an actual or expected attack,byb.Before the "pollutants"or any property in any government,sovereign or other au-which the "pollutants"are contained are thority using military personnel or othermovedfromtheplacewheretheyareac-agents;orceptedbythe"insured"for movement into c.Insurrection,rebellion,revolution,or onto the covered "auto";or usurped power or action taken by gov- c.After the "pollutants"or any property in ernmental authority in hindering or de- which the "pollutants"are contained are fending against any of these. moved from the cov red "auto"to thee 13.Racingplacewheretheyarefinallydelivered,Covered "autos"while used in any profes-disposed of or abandoned by the "in-sional or organized racing or demolition con-sured".test or stunting activ ty,or while practicing fori Paragraph a.above does not apply to fuels,such contest or activity.This insurance also lubricants,fluids,exhaust gases or other simi-does not apply while that covered "auto"is lar "pollutants"that are needed for or result being prepared for such a contest or activity. from the normal electrical,hydraulic or me-C.Limit Of Insurancechanicalfunctioningofthecovered"auto"or Regardless of the number of covered "autos",its parts if:"insureds",premiums paid,claims made or vehi-(1)The "pollutants"escape,seep,mi-cles involved in the "accident",the most we willgrateoraredischarged,dispersed or pay for the total of all damages and "covered pol-released directly from an "auto"part lution cost or expense"combined resulting from designed by its manufacturer to hold,any one "accident"is the Limit Of Insurance for store,receive or dispose of such "pol-Covered Autos Liability Coverage shown in the lutants";and Declarations. CA 00 01 10 13 Insurance Services Office,Inc.,2011 Page 5 of 12 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 COMMERCIAL AUTO a.Glass breakage;All "bodily injury","property damage"and "cov- ered pollution cost or expense"resulting from b."Loss"caused by hitting a bird or animal;continuous or repeated exposure to substantially andthesameconditionswillbeconsideredasresult-c."Loss"caused by falling objects or mis-ing from one "accident".siles.No one will be entitled to receive duplicate pay-However,you have the option of having glassmentsforthesameelementsof"loss"under this breakage caused by a covered "auto's"colli-Coverage Form and any Medical Payments Cov-sion or overturn considered a "loss"undererageendorsement,Uninsured Motorists Cover-Collision Coverage.age endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage 4.Coverage Extensions Part.a.Transportation Expenses SECTION III PHYSICAL DAMAGE COVERAGE We will pay up to $20 per day,to a maxi- A.Coverage mum of $600,for temporary transporta- tion expense incurred by you because of1.We will pay for "loss"to a covered "auto"or the total theft of a covered "auto"of theitsequipmentunder:private passenger type.We will pay onlya.Comprehensive Coverage for those covered "autos"for which you From any cause except:carry either Comprehensive or Specified Causes Of Loss Coverage.We will pay(1)The covered "auto's"collision with for temporary transportation expenses in-another object;or curred during the period beginning 48(2)The covered "auto's"overturn.hours after the theft and ending,regard- b.Specified Causes Of Loss Coverage less of the policy's expiration,when the covered "auto"is returned to use or weCausedby:pay for its "loss".(1)Fire,lightning or explosion;b.Loss Of Use Expenses (2)Theft;For Hired Auto Physical Damage,we will(3)Windstorm,hail or earthquake;pay expenses for which an "insured"be- comes legally responsible to pay for loss(4)Flood; of use of a vehicle rented or hired without(5)Mischief or vandalism;or a driver under a written rental contract or (6)The sinking,burning,collision or de-agreement.We will pay for loss of use railment of any conveyance transport-expenses if caused by:ing the covered "auto".(1)Other than collision only if the Decla-c.Collision Coverage rations indicates that Comprehensive Coverage is provided for any coveredCausedby: "auto";(1)The covered "auto's"collision with (2)Specified Causes Of Loss only if theanotherobject;or Declarations indicates that Specified(2)The covered "auto's"overturn.Causes Of Loss Coverage is pro- 2.Towing vided for any covered "auto";or We will pay up to the limit shown in the Decla-(3)Collision only if the Declarations indi- rations for towing and labor costs incurred cates that Collision Coverage is pro- each time a cov red "auto"of the privatee vided for any covered "auto". passenger type is disabled.However,the la-However,the most we will pay for anybormustbeperformedattheplaceofdis-expenses for loss of use is $20 per day,ablement.to a maximum of $600. 3.Glass Breakage Hitting A Bird Or Animal B.ExclusionsFallingObjectsOrMissiles 1.We will not pay for "loss"caused by or result-If you carry Comprehensive Coverage for the ing from any of the following.Such "loss"isdamagedcovered"auto",we will pay for the excluded regardless of any other cause orfollowingunderComprehensiveCoverage: Page 6 of 12 Insurance Services Office,Inc.,2011 CA 00 01 10 13 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 COMMERCIAL AUTO event that contributes concurrently or in any installed,that reproduces,receives or sequence to the "loss".transmits audio,visual or data signals. a.Nuclear Hazard d.Any accessories used with the electronic equipment described in Paragraph c.(1)The explosion of any weapon em-above.ploying atomic fission or fusion;or 5.Exclusions 4.c.and 4.d.do not apply to(2)Nuclear reaction or radiation,or ra- equipment designed to be operated solely bydioactivecontamination,however use of the power from the "auto's"electricalcaused. system that,at the time of "loss",is:b.War Or Military Action a.Permanently installed in or upon the cov-(1)War,including undeclared or civil ered "auto";war; b.Removable from a housing unit which is(2)Warlike action by a military force,in-permanently installed in or upon the cov-cluding action in hindering or defend-ered "auto";ing against an actual or expected at- tack,by any government,sovereign c.An integral part of the same unit housing or other authority using military per-any electronic equipment described in sonnel or other agents;or Paragraphs a.and b.above;or (3)Insurrection,rebellion,revolution,d.Necessary for the normal operation of theusurpedpoweroractiontakenbycovered"auto"or the monitoring of thegovernmentalauthorityinhinderingcovered"auto's"operating system.or defending against any of these.6.We will not pay for "loss"to a covered "auto"2.We will not pay for "loss"to any covered due to "diminution in value"."auto"while used in any professional or or- C.Limits Of Insuranceganizedracingordemolitioncontestorstunt- ing activity,or while practicing for such con-1.The most we will pay for: test or activity.We will also not pay for "loss"a."Loss"to any one covered "auto"is thetoanycovered"auto"while that covered lesser of:"auto"is being prepared for such a contest or activity.(1)The actual cash value of the dam- aged or stolen property as of the time3.We will not pay for "loss"due and confined to: of the "loss";ora.Wear and tear,freezing,mechanical or (2)The cost of repairing or replacing theelectricalbreakdown. damaged or stolen property withb.Blowouts,punctures or other road dam-other property of like kind and quality.age to tires. b.All electronic equipment that reproduces,This exclusion does not apply to such "loss"receives or transmits audio,visual or dataresultingfromthetotaltheftofacoveredsignalsinanyone"loss"is $1,000,if,at"auto".the time of "loss",such electronic equip-4.We will not pay for "loss"to any of the follow-ment is:ing: (1)Permanently installed in or upon thea.Tapes,records,discs or other similar au-covered "auto"in a housing,openingdio,visual or data electronic devices de-or other location that is not normallysignedforusewithaudio,visual or data used by the "auto"manufacturer forelectronicequipment.the installation of such equipment;b.Any device designed or used to detect (2)Removable from a permanently in-speed-measuring equipment,such as ra-stalled housing unit as described indarorlaserdetectors,and any jamming Paragraph b.(1)above;orapparatusintendedtoeludeordisrupt speed-measuring equipment.(3)An integral part of such equipment as described in Paragraphs b.(1)andc.Any electronic equipment,without regard b.(2)above.to whether this equipment is permanently CA 00 01 10 13 Insurance Services Office,Inc.,2011 Page 7 of 12 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 COMMERCIAL AUTO 2.An adjustment for depreciation and physical b.Additionally,you and any other involved condition will be made in determining actual "insured"must: cash value in the event of a total "loss".(1)Assume no obligation,make no pay- 3.If a repair or replacement results in better ment or incur no expense without our than like kind or quality,we will not pay for the consent,except at the "insured's" amount of the betterment.own cost. D.Deductible (2)Immediately send us copies of any For each covered "auto",our obligation to pay for,request,demand,order,notice, repair,return or replace damaged or stolen prop-summons or legal paper received erty will be reduced by the applicable deductible concerning the claim or "suit". shown in the Declarations.Any Comprehensive (3)Cooperate with us in the investigationCoveragedeductibleshownintheDeclarationsorsettlementoftheclaimordefensedoesnotapplyto"loss"caused by fire or light-against the "suit".ning. (4)Authorize us to obtain medical re-SECTION IV BUSINESS AUTO CONDITIONS cords or other pertinent information.The following conditions apply in addition to the (5)Submit to examination,at our ex-Common Policy Conditions:pense,by physicians of our choice,A.Loss Conditions as often as we reasonably require. 1.Appraisal For Physical Damage Loss c.If there is "loss"to a covered "auto"or its If you and we disagree on the amount of equipment,you must also do the follow- "loss",either may demand an appraisal of the ing:"loss".In this event,each party will select a (1)Promptly notify the police if the cov-competent appraiser.The two appraisers will ered "auto"or any of its equipment isselectacompetentandimpartialumpire.The stolen.appraisers will state separately the actual cash value and amount of "loss".If they fail to (2)Take all reasonable steps to protect agree,they will submit their differences to the the covered "auto"from further dam- umpire.A decision agreed to by any two will age.Also keep a record of your ex- be binding.Each party will:penses for consideration in the set- tlement of the claim.a.Pay its chosen appraiser;and (3)Permit us to inspect the coveredb.Bear the other expenses of the appraisal and umpire equally."auto"and records proving the "loss" before its repair or disposition.If we submit to an appraisal,we will still retain our right to deny the claim.(4)Agree to examinations under oath at our request and give us a signed2.Duties In The Event Of Accident,Claim, statement of your answers.Suit Or Loss 3.Legal Action Against UsWehavenodutytoprovidecoverageunder this policy unless there has been full compli-No one may bring a legal action against usancewiththefolowingduties:l under this Coverage Form until: a.In the event of "accident",claim,"suit"or a.There has been full compliance with all"loss",you must give us or our authorized the terms of this Coverage Form;andrepresentativepromptnoticeofthe"acci-b.Under Covered Autos Liability Coverage,dent"or "loss".Include: we agree in writing that the "insured"has(1)How,when and where the "accident"an obligation to pay or until the amount ofor"loss"occurred;that obligation has finally been deter- (2)The "insured's"name and address;mined by judgment after trial.No one has and the right under this policy to bring us into (3)To the extent possible,the names an action to determine the "insured's"li- and addresses of any injured persons ability. and witnesses. Page 8 of 12 Insurance Services Office,Inc.,2011 CA 00 01 10 13 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 COMMERCIAL AUTO 4.Loss Payment Physical Damage Cover-son or organization holding,storing or trans- ages porting property for a fee regardless of any other provision of this Coverage Form.At our option,we may: 5.Other Insurancea.Pay for,repair or replace damaged or sto- a.For any covered "auto"you own,thislenproperty; Coverage Form provides primary insur-b.Return the stolen property,at our ex-ance.For any covered "auto"you don'tpense.We will pay for any damage that own,the insurance provided by this Cov-results to the "auto"from the theft;or erage Form is excess over any other col-c.Take all or any part of the damaged or lectible insurance.However,while a cov-stolen property at an agreed or appraised ered "auto"which is a "trailer"is con-value.nected to another vehicle,the Covered Autos Liability Coverage this CoverageIfwepayforthe"loss",our payment will in- Form provides for the "trailer"is:clude the applicable sales tax for the dam- aged or stolen property.(1)Excess while it is connected to a mo- tor vehicle you do not own;or5.Transfer Of Rights Of Recovery Against Others To Us (2)Primary while it is connected to a covered "auto"you own.If any person or organization to or for whom we make payment under this Coverage Form b.For Hired Auto Physical Damage Cover-has rights to recover damages from another,age,any covered "auto"you lease,hire,those rights are transferred to us.That person rent or borrow is deemed to be a coveredororganizationmustdoeverythingnecessary"auto"you own.However,any "auto"thattosecureourrightsandmustdonothingafterisleased,hired,rented or borrowed with"accident"or "loss"to impair them.a driver is not a covered "auto". B.General Conditions c.Regardless of the provisions of Para- graph a.above,this Coverage Form's1.Bankruptcy Covered Autos Liability Coverage is pri-Bankruptcy or insolvency of the "insured" or mary for any liability assumed under anthe"insured's"estate will not relieve us of any "insured contract".obligations under this Coverage Form. d.When this Coverage Form and any other2.Concealment,Misrepresentation Or Fraud Coverage Form or policy covers on theThisCoverageFormisvoidinanycaseofsamebasis,either excess or primary,wefraudbyyouatanytimeasitrelatestothiswillpayonlyourshare.Our share is the Coverage Form.It is also void if you or any proportion that the Limit of Insurance ofother"insured",at any time,intentionally con-our Coverage Form bears to the total ofcealsormisrepresentsamaterialfactcon-the limits of all the Coverage Forms andcerning:policies covering on the same basis. a.This Coverage Form;6.Premium Audit b.The covered "auto";a.The estimated premium for this Coverage Form is based on the exposures you toldc.Your interest in the covered "auto";or us you would have when this policy be-d.A claim under this Coverage Form.gan.We will compute the final premium 3.Liberalization due when we determine your actual ex- posures.The estimated total premium willIfwerevisethisCoverageFormtoprovide be credited against the final premium duemorecoveragewithoutadditionalpremium and the first Named Insured will be billedcharge,your policy will automatically provide for the balance,if any.The due date fortheadditionalcoverageasofthedaythere- the final premium or retrospective pre-vision is effective in your state. mium is the date shown as the due date4.No Benefit To Bailee Physical Damage on the bill.If the estimated total premiumCoveragesexceedsthefinalpremiumdue,the first We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any per- CA 00 01 10 13 Insurance Services Office,Inc.,2011 Page 9 of 12 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 COMMERCIAL AUTO b.If this policy is issued for more than one 1.A land motor vehicle,"trailer"or semitrailer year,the premium for this Coverage Form designed for travel on public roads;or will be computed annually based on our 2.Any other land vehicle that is subject to aratesorpremiumsineffectatthebegin-compulsory or financial responsibility law orningofeachyearofthepolicy.other motor vehicle insurance law where it is 7.Policy Period,Coverage Territory licensed or principally garaged. Under this Coverage Form,we cover "acci-However,"auto"does not include "mobile equip- dents"and "losses"occurring:ment". a.During the policy period shown in the C."Bodily injury"means bodily injury,sickness or Declarations;and disease sustained by a person,including death resulting from any of these.b.Within the coverage territory. D."Covered pollution cost or expense"means anyThecoverageterritoryis:cost or expense arising out of:(1)The United States of America;1.Any request,demand,order or statutory or(2)The territories and possessions of the regulatory requirement that any "insured" orUnitedStatesofAmerica;others test for,monitor,clean up,remove, (3)Puerto Rico;contain,treat,detoxify or neutralize,or in any way respond to,or assess the effects of,"pol-(4)Canada;and lutants";or(5)Anywhere in the world if a covered 2.Any claim or "suit"by or on behalf of a gov-"auto"of the private passenger type ernmental authority for damages because ofisleased,hired,rented or borrowed testing for,monitoring,cleaning up,removing,without a driver for a period of 30 containing,treating,detoxifying or neutraliz-days or less,ing,or in any way responding to,or assessingprovidedthatthe"insured's"responsibility to the effects of,"pollutants". pay damages is determined in a "suit"on the "Covered pollution cost or expense"does not in-merits,in the United States of America,the clude any cost or expense arising out of the ac-territories and possessions of the United tual,alleged or threatened discharge,dispersal,States of America,Puerto Rico or Canada,or seepage,migration,release or escape of "pollut-in a settlement we agree to.ants":We also cover "loss"to,or "accidents"involv-a.That are,or that are contained in anying,a covered "auto"while being transported property that is:between any of these places. (1)Being transported or towed by,han-8.Two Or More Coverage Forms Or Policies dled or handled for movement into,Issued By Us onto or from the covered "auto";If this Coverage Form and any other Cover-(2)Otherwise in the course of transit byageFormorpolicyissuedtoyoubyusoranyoronbehalfofthe"insured";orcompanyaffiliatedwithusappliestothe (3)Being stored,disposed of,treated orsame"accident",the aggregate maximum processed in or upon the coveredLimitofInsuranceunderalltheCoverage "auto";Forms or policies shall not exceed the highest applicable Limit of Insurance under any one b.Before the "pollutants"or any property inCoverageFormorpolicy.This condition does which the "pollutants"are contained arenotapplytoanyCoverageFormorpolicyis-moved from the place where they are ac-sued by us or an affiliated company specifi-cepted by the "insured"for movement intocallytoapplyasexcessinsuranceoverthisorontothecovered"auto";orCoverageForm.c.After the "pollutants"or any property inSECTIONVDEFINITIONSwhichthe"pollutants"are contained are moved from the cov red "auto"to theeA."Accident"includes continuous or repeated expo- place where they are finally delivered,sure to the same conditions resulting in "bodily in- disposed of or abandoned by the "in-jury"or "property damage". sured".B."Auto"means: Page 10 of 12 Insurance Services Office,Inc.,2011 CA 00 01 10 13 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 COMMERCIAL AUTO Paragraph a.above does not apply to fuels,4.An obligation,as required by ordinance,to in- lubricants,fluids,exhaust gases or other simi-demnify a municipality,except in connection lar "pollutants"that are needed for or result with work for a municipality; from the normal electrical,hydraulic or me-5.That part of any other contract or agreementchanicalfunctioningofthecovered"auto"or pertaining to your business (including an in-its parts,if:demnification of a municipality in connection (1)The "pollutants"escape,seep,mi-with work performed for a municipality)under grate or are discharged,dispersed or which you assume the tort liability of another released directly from an "auto"part to pay for "bodily injury"or "property damage" designed by its manufacturer to hold,to a third party or organization.Tort liability store,receive or dispose of such "pol-means a liability that would be imposed by lutants";and law in the absence of any contract or agree- ment;or(2)The "bodily injury","property dam- 6.That part of any contract or agreement en-age"or "covered pollution cost or ex- pense"does not arise out of the op-tered into,as part of your business,pertaining eration of any equipment listed in to the rental or lease,by you or any of your "employees",of any "auto".However,suchParagraph6.b.or 6.c.of the defini- tion of "mobile equipment .contract or agreement shall not be considered" an "insured contract"to the extent that it obli-Paragraphs b.and c.above do not apply to gates you or any of your "employees"to pay"accidents"that occur away from premises for "property damage"to any "auto"rented orownedbyorrentedtoan"insured" with re-leased by you or any of your "employees".spect to "pollutants"not in or upon a covered "auto"if:An "insured contract"does not include that part of any contract or agreement:(a)The "pollutants"or any property a.That indemnifies a railroad for "bodily in-in which the "pollutants"are con- tained are upset,overturned or jury"or "property damage"arising out of damaged as a result of the main-construction or demolition operations, tenance or use of a covered within 50 feet of any railroad property and "auto";and affecting any railroad bridge or trestle, tracks,roadbeds,tunnel,underpass or(b)The discharge,dispersal,seep-crossing;age,migration,release or escape b.That pertains to the loan,lease or rentalofthe"pollutants"is caused di- rectly by such upset,overturn or of an "auto"to you or any of your "em- damage.ployees",if the "auto"is loaned,leased or rented with a driver;orE."Diminution in value"means the actual or per- c.That holds a person or organization en-ceived loss in market value or resale value which results from a direct and accidental "loss".gaged in the business of transporting property by "auto"for hire harmless forF."Employee"includes a "leased worker"."Em-your use of a covered "auto"over a routeployee"does not include a "temporary worker".or territory that person or organization isG."Insured"means any person or organization quali-authorized to serve by public authority.fying as an insured in the Who Is An Insured pro-I."Leased worker"means a person leased to youvisionoftheapplicablecoverage.Except with re-by a labor leasing firm under an agreement be-spect to the Limit of Insurance,the coverage af-tween you and the labor leasing firm to performfordedappliesseparatelytoeachinsuredwhoisdutiesrelatedtotheconductofyourbusiness.seeking coverage or against whom a claim or "Leased worker"does not include a "temporary"suit"is brought.worker".H."Insured contract"means:J."Loss"means direct and accidental loss or dam-1.A lease of premises;age. 2.A sidetrack agreement;K."Mobile equipment"means any of the following types of land vehicles,including any attached3.Any easement or license agreement,except machinery or equipment:in connection with construction or demolition operations on or within 50 feet of a railroad; CA 00 01 10 13 Insurance Services Office,Inc.,2011 Page 11 of 12 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 COMMERCIAL AUTO 1.Bulldozers,farm machinery,forklifts and other c.Air compressors,pumps and generators, vehicles designed for use principally off public including spraying,welding,building roads;cleaning,geophysical exploration,lighting or well-servicing equipment.2.Vehicles maintained for use solely on or next to premises you own or rent;However,"mobile equipment"does not include land vehicles that are subject to a compulsory or3.Vehicles that travel on crawler treads;financial responsibility law or other motor vehicle4.Vehicles,whether self-propelled or not,main-insurance law where it is licensed or principallytainedprimarilytoprovidemobilitytoperma-garaged.Land vehicles subject to a compulsorynentlymounted:or financial responsibility law or other motor vehi- cle insurance law are considered "autos".a.Power cranes,shovels,loaders,diggers or drills;or L."Pollutants"means any solid,liquid,gaseous or thermal irritant or contaminant,including smoke,b.Road construction or resurfacing equip- vapor,soot,fumes,acids,alkalis,chemicals andmentsuchasgraders,scrapers or rollers; waste.Waste includes materials to be recycled,5.Vehicles not described in Paragraph 1., 2.,3.reconditioned or reclaimed.or 4.above that are not self-propelled and are M."Property damage"means damage to or loss ofmaintainedprimarilytoprovidemobilityto use of tangible property.permanently attached equipment of the fol- lowing types:N."Suit"means a civil proceeding in which: a.Air compressors,pumps and generators,1.Damages because of "bodily injury"or "prop-including spraying,welding,building erty damage";orcleaning,geophysical exploration,lighting 2.A "covered pollution cost or expense";and well-servicing equipment;or to which this insurance applies,are alleged.b.Cherry pickers and similar devices used to raise or lower workers;or "Suit"includes: 6.Vehicles not described in Paragraph 1., 2.,3.a.An arbitration proceeding in which such damages or "covered pollution costs oror4.above maintained primarily for purposes other than the transportation of persons or expenses"are claimed and to which the cargo.However,self-propelled vehicles with "insured"must submit or does submit with the following types of permanently attached our consent;or equipment are not "mobile equipment"but will b.Any other alternative dispute resolutionbeconsidered"autos":proceeding in which such damages or a.Equipment designed primarily for:"covered pollution costs or expenses"are claimed and to which the insured submits(1)Snow removal;with our consent.(2)Road maintenance,but not construc-O."Temporary worker"means a person who is fur-tion or resurfacing;or nished to you to substitute for a permanent "em-(3)Street cleaning;ployee"on leave or to meet seasonal or short- term workload conditions.b.Cherry pickers and similar devices mounted on automobile or truck chassis P."Trailer"includes semitrailer.and used to raise or lower workers;and Page 12 of 12 Insurance Services Office,Inc.,2011 CA 00 01 10 13 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (A) POLICY NUMBER: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be %of the California workers'compensation pre- mium. Schedule Person or Organization Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Insurance Company Countersigned by DATE OF ISSUE:Page 1 of 1 Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. UB7K823655 Travelers Property Casualty Company of America 3/24/2023 DocuSign Envelope ID: 734E0093-C9C1-4227-BB27-6A269668D203 ~ TRAVELERSJ