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Ninyo & Moore
AGREEMENT Y THIS AGREEMENT is made and entered into on today of August 30, 2023 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Ninyo & Moore (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Perform Subgrade Compaction Testing for La Paloma Road and Concepcion Road. Perform Pathway Quarry Fines Compaction Testing for La Paloma Road and Concepcion Road. Perform Laboratory Testing and provide Compaction Test Curve Results. Provide additional Compaction Testing, as needed. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: EXHIBIT A — Proposal from CONTRACTOR dated August 18, 2023. 3. TERMS. The services and/or materials furnished under this Agreement shall commence August 31, 2023 and shall be completed by October 13, 2023, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount time & materials, not to exceed five - thousand four hundred and eight dollars and zero cents ($5,408.00) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its. own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Town of Los Altos Hills Page 1 of 4 Short form Updated 4/26/22 Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: i. WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills Page 2 of 4 snort form Updated 4/26/22 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non- exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration Town of Los Altos Hills Page 3 of 4 Short form Updated 4/26122 for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. h. CONTRACT ADMINISTRATION. The TOWN hereby designates the Utility Engineering Manager and the City Manager as Contract Administrator for this agreement. The CONTRACTOR shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, CONTRACTOR agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town representative including Committee members and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: Astha Khanal, EIT Assistant Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONTRACTOR: Ninyo & Moore By:w.. f�P _ 9/1/2023 Signature Date Ruchil R. Shah, Director of Business Development Print name, Title TOWN OF -0 AL ,BS --H LS: v , By: Peter Pirnejad, City If pager Date Town of Los Altos Hills Page 4 of 4 Short form Updated 4/26/22 *Wya&44uure Gootechnlcal R Environmental Sclences Consultants August 18, 2023 Proposal No. 08SJO02-02285 Ms. Astha Khanal Assistant Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Subject: Proposal for Materials Testing Services for the Concepcion Road & La Paloma Road Pathway projects Los Altos Hills, California Dear Ms. Khanal: 5+ YEARS Ninyo & Moore is pleased to submit this proposal to provide materials testing services for Concepcion Road & La Paloma Road Pathway project in Los Altos Hills, California. This proposal includes our proposed scope of services and associated cost estimates, which are based on our review of the project plans, and our previous experience with similar projects of this nature. Based on our understanding of the proposed construction, and our experience with similar projects, we propose to provide the following scope of services: • Sampling of subgrade and aggregate base samples from the project site. • Laboratory tests to evaluate the proctor density of subgrade, and aggregate base for compaction testing. • In-place field density testing using a nuclear density gauge for the relative compaction of compacted subgrade soil and aggregate base. • Compile, review, and distribute progress reports with field and laboratory test data. ASSUMPTIONS • Our services are subject to California prevailing wage law. • Project labor agreement is not required for this project. 2149 O'Toole Avenue, Suite 301 San Jose, California 951311 p. 408.435.9000 1 www.ninyoandmoore.com We propose to perform the scope of services described above, subject to the listed assumptions, on a time -and -materials basis in accordance with the attached Schedule of Fees. Our fee estimate for the scope of services described for the new construction project is Five Thousand Four Hundred Eight Dollars ($5,408). Our detailed estimate of fee is attached (Table 1). Should the construction schedule require a lesser or greater amount of services than that estimated herein, the cost will vary accordingly. We sincerely appreciate the opportunity to submit this proposal, and look forward to working with you on this project. Respectfully submitted, NINYO & MOORE Ruchil Shah Director of Business Development SSA/RS/rk Attachments: Table 1 - Breakdown of Estimated Fee Schedule of Fees Ninyo & Moore I Briones Way, Concepcion Road, and La Paloma Road Pathway, los Altos Hills, California I OBSJO02-02285 I August 18, 2023 2 Field Technician Compaction Testing of Subgrade and Aggregate Base Proctor Density Test Subgrade and Aggregate Base Material Nuclear Gauge Vehicle/Equipment Travel Time For Six Visits (half hour per visit) Data Processor Data Compilation & Distribution and Scheduling Project Manager Project Coordination and Progress Reports Principal Engineer Project Oversight and Consultation 24 hours @ $110.00 /hour $ 2,640.00 2 tests @ $ 220.00 /test $ 440.00 24 hours @ $ 12.00 /hour $ 288.00 24 hours @ $ 15.00 /hour $ 360.00 3 hours @ $110.00 /hour $ 330.00 Subtotal $ 4,058.00 2 hours @ $ 95.00 /hour $ 190.00 4 hours @ $185.00 /hour $ 740.00 2 hours @ $ 210.00 /hour $ 420.00 Subtotal $ 1,350.00 Ninyo & Moore I Briones Way, Concepcion Road, and La Paloma Road Pathway, Los Altos Hills, California 1088JO02-02285 I August 18, 2023 1 Professional Staff Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist .............................................. $ 210 Senior Engineer/Geologist/Environmental Scientist............................................................................................. $ 200 Senior Project Engineer/Geologist/Environmental Scientist. ....................... .. ................ ...... $ 195 Project Engineer/Geologist/Environ mental Scientist... .................. .............. ...... .... . ......... .......... .. $ 185 Senior Staff Engineer/Geologist/Environ mental Scientist... ................................ ............ . . .. ...... ..................... $ 170 Staff Engineer/Geologist/Environmental Scientist................................................................................................ $ 155 GISAnalyst ............................. ............... ....... .... ... ....... ...............,........ $ 130 Technical Illustrator/CAD Operator...... ......... ............... ................ .... ..................... ............. $ 110 Field Staff ...... ........ ...... — $ 70/hr Certified Asbestos/Lead Technician...................................................................................................................... $ 195 FieldOperations Manager ..... ............. .......... ................ .......................... ........................ ........... .......... .... I ... I ... .... ... $ 130 Nondestructive Examination Technician (UT, MT, LP)..................................................................................... $ 125 SupervisoryTechnician................................................................................................_..._............._......_ ....... $ 120 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) .... ....... :............... ..... .... ....... $ 115 SeniorTechnician ......... ......... ..... ..... _ ._...... .......... ............ ................... ............. ........ ...................... .... ............ $ 110 Technician--. . ......... ....... ...... — ...... .............. $ 110 Administrative Staff InformationSpecialist .... ............... .................. ............ ....... .......... ............ .................... ........... ..._............ ....... ...,.._ $ 90 Geotechnical/Environmental/Laboratory Assistant ............................--- ...... ........... ............................................. $ 95 DataProcessor. .......... ........... .. .. -- .... ........ .............. .......... ........................ ...... ...... ...... .. Concrete Coring Equipment (includes technician).............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ................... ...... $ 190/hr GPREquipment ....... ....................... ................................... -............. .......... $ 180/hr Inclinometer...................................._...................................._................. ............. ........ ....... ....... ....... ............. $ 100/hr Hand Auger Equipment ................................................. Rebar Locator (Pachometer) .......... ............................ ................................... :......... ................................. . ........ $ 25/hr Vapor Emission Kit ......................... ...................... .- ....... ... $ 65/kit NuclearDensity Gauge..... ..... --........................_..................... ......... ..... .-.... ................ ................. ............... $ 12/hr X -Ray Fluorescence—, . .. ., � .... .......... .... ...... . ........ .................................... . ...... ...... ........ ...... — $ 70/hr PID/FID............................. ....... ........................... AirSampling Pump .......... ........................................................................................................................... $ 10/hr FieldVehicle ............. ........_................................... ........ ........... .......... ............... ...................... ......... -......... $ 15/hr ExpertWitness Testimony.................................................................................................................................. $ 450/hr DirectExpenses.................................................................................................................................. Cost plus 15 % Special equipment charges will be provided upon request. For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays. Field technician and special inspection hours are charged portal to portal at a 4 -hour minimum, and 8 -hour minimum for hours exceeding 4 hours. Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable. The terms and conditions are included in Ninyo & Moore's Work Authorization and Agreement form. Ninyo & Moore I Briones Way, Concepcion Road, and La Paloma Pathway, Los Altos Hills, California 108SJO02-02285 I August 18, 2023 CA14 SOILS .$ 55 Afterberg Limits, D 4318, CT 204 .. .. $ 170 California Bearing Ratio (CBR), D 1883 ................... . . .... 550 Chloride and Sulfate Content, CT 417 & CT 422 ... ..... ....... ... $ 175 Consolidation, D2435, CT 219 . __.......$ . .... ..... $ 300 Consolidation, Hydro -Collapse only, D 2435 . . .. .. ... . ...... . $ 150 Consolidation -Time Rate, D 2435, CT 219. $ 200 Direct Shear- Remolded, D 3080. $ 350 Direct Shear- Undisturbed, D 3080 ...... ...... .. $ 300 Durability Index, CT 229 __ ... .. .. ... . .... __ .$ 176 Expansion Index, D4829, IBC 18-3 ... . .. ... .. $ 190 Expansion Potential (Method A), D 4546. .. ... $2,000 170 Geofabric Tensile and Elongation Test, D 4632. .... .. ..... ... $ 200 Hydraulic Conductivity, D5084 .. . ..... .. $ 350 Hydrometer Analysis, D 6913, CT 203.. 65 220 Moisture, Ash. & Organic Matter of Peat/Organlc Soils 55 120 Moisture Only, D 2216, CT 226._.... . . .. __.....$ 90 35 Moisture and Density, D2937....... $ 45 Permeability, CH, D 2434, CT 220 . ...... . . .1 300 pH and Resistivity, CT643.. 175 175 Proctor Density D1557, D 698, CT 216, AASHTO T-180.220 Proctor Density with Rock Correction D 1557._ ...... $ 340 R -value, D 2844, CT 301 -11- 1 .. _$ 376 Sand Equivalent, D 2419, CT 217 ........... . . ... ... . .... $ 126 Sieve Analysis, D 6913, CT 202 - . .1 - 1. 1 - 1 1-1 .- ..$ 145 Sieve Analysis, 200 Wash, D 1140, CT 202-r....... _.........._........_..$ 100 Specific Gravity, D 854 ..........................._............__..........___.......$ 125 Thermal Resistivity (ASTM 5334, IEEE 442).._ .... ........ ........ ..... ..... $ 926 Triaxial Shear, C.D. D 4767, T 297 . .. ..... ... $ 560 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt $ 450 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ____$ 350 Triaxial Shear, U.U., D 2850... . . ..... ... . - - $ 250 Unconfined Compression, D 2166, T 208 180 MASONRY Brick Absorption, 24-hour submersion, 5 -hr boiling, 7 -day, C 67 70 Brick Compression Test, C 67 .$ 55 Brick Efflorescence, C 67 .......... .. .. $ 55 Brick Modulus of Rupture, C 67 $ 50 Brick Moisture as received, C 67 ......$ 45 Brick Saturation Coefficient, C 67 .. . .... ..... $ 60 Concrete Block Compression Test, 8x8x1 6, C 140 . ........$ 70 Concrete Block Conformance Package, C 90 $ 500 Concrete Block LI near Shrinkage, C 426- - . ..... .. 200 Concrete Block Unit Weight and Absorption, C 140 .$ 70 Cores, Compression or Shear Bond, CA Code . .... __ .$ 70 Masonry Grout, 3x3x6 prism compression, C 39 $ 45 Masonry Mortar, 2x2 cube compression, C 109-- . $2,000 35 Masonry Prism, half size, compression, C 1019 .... .. ..... ... $ 120 Masonry Prism, Full size, compression, C 1019 $ 200 REINFORCING AND STRUCTURAL STEEL Chemical Analysis, A 36, A 615...... . - . - . .$ 135 Fireproofing Density Test, UBC 7-6 . .. ..__..___....__.._.......$ .. .. $ 90 Hardness Test, Rockwell, A 370 $ 80 High Strength Bolt, Nut & Washer Conformance, ......$ 850 per assembly, A 325- r .......... 250 150 Mechanleally8piloed Reinforcing Tensile Test, ACI.......... 150 175 Pre -Stress Strand (7 wIrs), A 416. 1. 1 1 .... ..... . .. 120 170 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706. $ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ...... .............. $ 90 Welded Reinforcing Tensile Test: Up to No, 11 bars, ACI .. .. .... .... __ .$ 80 CONCRETE 85 Compression Tests, 6x12 Cylinder, C 39 .... .. ......... .. .. ..... ............ .. .. $ 35 Concrete Mix Design Review, Job Spec . ..... ... $ 300 Concrete Mix Design, per Trial Batch, 6 cylinder, ACL_.........._._ ......$ 850 Concrete Cores, Compression (excludes sampling), C42 250 120 Drying Shrinkage, C 157...........__......_.........._ 150 400 Flexural Test, C 78 ...... . ...... .. . .... 120 85 Flexural Test, C293_ $ 85 Flexural Test, CT623-- .. .. .. .. . ...... $ 95 Gunite/Shotcrete, Panels, 3 out cores per panel and test, ACI ..$ 275 Lightweight Concrete Fill, Compression, C 495- $ 80 Petrographic Analysis, C 856 $2,000 Restrained Expansion of Shrinkage Compensation _$ 450 Splitting Tensile Strength, C 496- Superpave, Gyratory Unit Wt,, T 312 -r. .- __ , - - ____$ 100 3x6 Grout, (CLSM), C 39- ... .. . ..... Superpave, Hamburg Wheel, 20,000 passes, T 324 65 2xW Non -Shrink Grout, C 109. 55 ASPHALT Air Voids, T 269 ..... ..... - ...... . . ..... . . ... .. 85 Asphalt Mix Design, Caltrans (Incl. Aggregate Quality) 4,600 Asphalt Mix Design Review, Job Spec. Cleanness Value, CT 227 ......................_..__...__..........................$ 180 Dust Proportioning, CT LP -4 Crushed Particles, CT 205..- ................. 85 Extraction, % Asphalt, including Gradation, D 2172, CT 382- Durability, Coarse or Fine, CT229...... - 250 Extraction, %Asphalt without Gradation, D 2172, CT 382. Fine Aggregate Anguladty, ASTM C 1252, T 304, CT 234 .. . ....... 150 Film Stripping, CT 302 -r .......... Flat and Elongated Particle, D 4791 - 120 Hveem Stability and Unit Weight D 1560, T 246, CT 366 $ 226 Marshall Stability, Flow and Unit Weight, T 245 $ 240 Maximum Theoretical Unit Weight, D 2041, CT 309- Material Flner than No. 200 Slave by Washing, C 117 150 Moisture Content, CT 370 .................. ... . ......... ........ Organic Impurities. 0 40 - 95 Moisture Susceptibility and Tensile Stress Ratio, T238, CT 371 $1,000 Slurry Wet Track Abrasion, D 3910.. $ 160 Superpave, Asphalt Mix Verification (Incl. Aggregate Quality) $ 4,900 Superpave, Gyratory Unit Wt,, T 312 -r. .- __ , - - ____$ 476 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 $1,000 Unit Weight sample or core, D 2726, CT 308 100 Voids In Mineral Aggregate, (VMA) CT LP -2........... $ 90 Voids filled with Asphalt, (VFA) CT LP -3 ....... ..... $ 90 Wax Density, D 1188 . $ 140 AGGREGATES Clay Lumps and Friable Particles, C 142- 180 Cleanness Value, CT 227 ......................_..__...__..........................$ 180 Crushed Particles, CT 205..- ................. 175 Durability, Coarse or Fine, CT229...... - $ 205 Fine Aggregate Anguladty, ASTM C 1252, T 304, CT 234 .. . ....... .. ... $ 180 Flat and Elongated Particle, D 4791 - $ 220 Lightweight Particles, C 123- $ 180 Los Angeles Abrasion, C 131 or C 535 200 Material Flner than No. 200 Slave by Washing, C 117 90 Organic Impurities. 0 40 - 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 .. .. ... ..... $1,250 Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 ............... 950 Potential Reactivity of Aggregate (Chemical Method), C 289. 476 Sand Equivalent, T 176, CT 217 126 Slave Analysis, Coarse Aggregate, T 27, C 136 120 Sieve Analysis, Fine Aggregate (Including wash), T 27, C 136 $ 145 Sodium Sulfate Soundness, C 88 .. ..... .. .. .. ......... .. - $ 450 Specific Gravity and Absorption, Coarse, 0 127, CT 206 . ...... .. . . $ 115 Specific Gravity and Absorption, Fine, C 128, CT 207. .. 1. .. r I . . .. . 1$ 175 ROOFING Roofing Tile Absorption, (set of 5), C 67 - $ 250 Roofing Tile Strength Test, (set of 5), C 67, ..$ 250 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo &Moore Is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo&Moore 12023 Laboratory Testing LIP ,4,40ORP CERTIFICATE OF LIABILITY INSURANCE `,� DATE (MM/DD/YYYY) 1 9/1/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230 Lafayette CA 94549 CONTACT NAME: Jennifer Aguirre PHONE : 510-465-3090 FAX No (A/o Ext): ADDRESS: DesignProCerts@AssuredPartners.com INSURERS AFFORDING COVERAGE NAIC# Y INSURER A: Travelers Property Casualty Company of America 25674 Lice se : 6003745 INSURED NINY&MO-01 Ninyo & Moore Geotechnical & Environmental Sciences Consultants INSURER B: Evanston Insurance Company 35378 INSURER C: INSURER D: 2149 O'Toole Avenue, Suite 30 INSURER E: San Jose CA 95131 INSURER F: COVERAGES CERTIFICATE NUMBER: 1102028010 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. ILTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/DDNYYY MM`DDnYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 63089868247 10/3/2022 10/3/2023 EACH OCCURRENCE $1,000,000 F -IV -1 CLAIMS-MADE OCCUR A 11 To PREM SES Ea occurrence $1,000,000 MED EXP (Any one person) $10,000 X Contractual Liab X OCP PERSONAL & ADV INJURY $1,000,000 GERL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PRO- JECT 1-1 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Y Y 8107NO33091 10/3/2022 10/3/2023 CEaOMBINED SINGLE LIMIT $1,000,000 accident BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLYAUTOS BODILY INJURY (Per accident) $ PROPERTYDAMAGE $ Per accident X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLALIAB X OCCUR Y Y CUP9J428527 10/3/2022 10/3/2023 EACH OCCURRENCE $9,000,000 AGGREGATE $ 9,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / ANYPROPRIETOR/PARTNER/EXECUTIVE FN_] OFFICER/MEMBEREXCLUDED7 N / A Y UB6P428399 5/1/2023 5/1/2024 X STATUTE ERH E.L. EACH ACCIDENT $1,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 B Professional Llab. & Contractor's Pollution Liab. Y MKLV7PL0005551 10/3/2022 10/3/2023 Per Claim 51000,000 Annual Aggregate 5,000,000 Computer Network Security DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Umbrella Liability policy is a follow -form to underlying General Liability/Auto Llabllity/Employers Liability. Project Name: Concepcion Road & La Paloma Road Pathway Projects -- The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers are named as Additional Insured on General Liability and Auto Liability, per policy forms, with respect to the operations of the Named Insured as required by written contract or agreement. Litt/ I It-K;A I It: MULUCK UANt;t:LI_A I IUN JU L)aV NoUCe OT canceuatlon Town of Los Altos Hills Attn: Ms. Astha Khanal 26379 Fremont Road Los Altos Hills, CA 94022 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6308986R247 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 9/1/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): 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. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganizations) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products -completed opera- tions hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER 63089868247 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 9/1/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): 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. Location of Covered Operations: 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. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # 8308988R247 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of 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. d. Primary And Non -Contributory Insurance It Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary tc other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error In, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. --->7. Separation Of Insureds (1 ) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury' for which coverage is sought is caused by an offense than is committed; subsequent to the signing of that contract or agreement by you. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations. By accepting this policy, you agree: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned In this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Ensured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment 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. 9. When We Do Not Renew If we decide not to renew this Coverage. Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V - 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 purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 0 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. Policy # 8308988R247 occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit, L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.1b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 0219 O 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. POLICY NUMBER: 8107NO33091 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. The following is added to Paragraph c. In A.1., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. A 3 ioluy I T114"Wiffil-11112ftwol permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following Is added to Paragraph A.1., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION 11 — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of ball bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION 11 — COVERED AUTOS LIABIL- ITY COVERAGE: (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (11) Neither you nor any other involved "insured" will make any settlement without our consent. (ill) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv)We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily Injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to make such payments ends when we (5) Anywhere in the world, except any country or have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation Imposed by the United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "Insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 0 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada, We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to Insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE -- INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense In- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for 'loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and COMMERCIAL AUTO (2) in or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or 'loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". iVl, N3)-AI�K�`'i" VkaA,ll��l^t t�F U��®GA7`iO M1; The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any Information given by you shall not contract. prejudice your rights under this insurance. How - N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 0 2015 The Travelers Indemnity Compa ny. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Offlce, Inc. with Its permission, POLICY NUMBER: 8107N033091 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement, that is signed by you before the "bodily injury" or "properly damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "Insured". 2. The following is added to Paragraph 13.5., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is a named insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or "property damage" occurs and that Is in effect during the policy period, requires this insurance to be primary and non- contributory. CA T4 99 0216 0 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. ''��' TR Ayrcr c�CWORKERS COMPENSATION Ii1/ EL 7 AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - POLICY NUMBER: UB6P428399 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 Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. 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 Travelers Property Casualty Company of America DATE OF ISSUE: 9/1/2023 Page 1 of 1