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E-15 Staff Report - First Amendment - Transtech Engineers, Inc
CONSENT ITEM E-15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: JOSE D. JIMENEZ ECONOMIC & COMMUNITY DEVELOPMENT DIRECTOR DATE: JULY 17, 2023 SUBJECT: FIRST AMENDMENT TO THE PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF AZUSA AND TRANSTECH ENGINEERS, INC. TO INCREASE CONTRACT PURCHASE BACKGROUND: On November 9, 2022, the City Manager approved a Professional Service Agreement with Transtech Engineers, Inc. for a one-year period. This agreement is crucial in providing on-call planning support services to the Planning Division to bridge the gaps caused by vacant positions. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1) Approve the First Amendment to the Professional Services Agreement with Transtech Engineers, Inc. to increase the contract purchase order (PO 038467) and provide the Planning Division support; and 2)Authorize the City Manager to execute an amendment, in a form acceptable to the City Attorney on behalf of the City. Approved City Council July 17, 2023 First Amendment to the Professional Services Agreement – Transtech Engineers, Inc. July 17, 2023 Page 2 ANALYSIS: The recommended action in this report would approve a First Amendment to the Professional Services Agreements with Transtech Engineers, Inc. This amendment will result in an increase in the total compensation by an amount not to exceed $96,570. The City's contract with Transtech Engineers, Inc. for On-call Planning Support Services was initially for one year and for the amount of $45,000. However, the demand for these services grew due to heavier workloads and insufficient personnel. Therefore, the total requested amount of $51,570 will be utilized to pay the outstanding invoices. It is worth noting that the Planning Manager vacant position has been filled, and staff does not anticipate any further costs for the remaining term of the agreement. FISCAL IMPACT: Funding for the proposed recommendation is included in the FY2022-23 approved budget under account 1035611000-6399 Prepared by: Reviewed by: Melissa Arevalo Jose D. Jimenez Administrative Technician Economic & Community Development Director Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1) First Amendment to the Professional Services Agreement with Transtech Engineers, Inc. 8513273_1 CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1.PARTIES AND DATE. This Agreement is made and entered into this ____ day of November, 2022 by and between the City of Azusa, a municipal corporation organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 (“City”) and Transtech Engineers Inc., a California Corporation with its principal place of business at 13367 Benson Avenue Chino, CA 91710 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.” 2.RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing local government planning services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the Planning Division on an as-needed basis, as set forth in this Agreement. 3.TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional on-call planning services (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from November 09, 2022 to November 30, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement if necessary to complete the Services. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Attachment 1 Transtech Engineers, Inc. Page 2 of 17 8513273_1 Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the Schedule, City shall respond to Consultant’s submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Knarik Vizcarra, Planning Manager. 3.2.5 City’s Representative. The City hereby designates Nico De Anda-Scaia, Interim Director of Economic & Community Development, or his designee, to act as his representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee. Transtech Engineers, Inc. Page 3 of 17 8513273_1 3.2.6 Consultant’s Representative. Consultant hereby designates Knarik Vizcarra, Planning Manager, or his/her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub- consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for Transtech Engineers, Inc. Page 4 of 17 8513273_1 all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10.1 Employment Eligibility; Consultant. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections. 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1. 3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub- subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements. 3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake Transtech Engineers, Inc. Page 5 of 17 8513273_1 self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel- powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.7 Water Quality. (A) Management and Compliance. To the extent applicable, Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant’s non-compliance with the laws, regulations and policies described in this Section, Transtech Engineers, Inc. Page 6 of 17 8513273_1 unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph. 3.2.11 Insurance. 3.2.11.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury Transtech Engineers, Inc. Page 7 of 17 8513273_1 and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits; and (4) Cyber Liability Insurance: $1,000,000 per occurance or claim, $1,000,000 aggregate. (C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement. 3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to limits. 3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Azusa, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self- insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). Transtech Engineers, Inc. Page 8 of 17 8513273_1 (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employers’ Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) Cyber Liability Insurance. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor/Contractor/Operator in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. (E) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds. 3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, Transtech Engineers, Inc. Page 9 of 17 8513273_1 officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. 3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11.9 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as Transtech Engineers, Inc. Page 10 of 17 8513273_1 safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall 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. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. The total compensation shall not exceed Forty-five Thousand Dollars ($45,000.00) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is Transtech Engineers, Inc. Page 11 of 17 8513273_1 $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5 Ownership of Materials and Confidentiality. 3.5.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Transtech Engineers, Inc. Page 12 of 17 8513273_1 Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.5.2 Subcontractors. Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subcontractors, or those provided to Consultant by the City. 3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re- use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.5.4 Confidentiality. All Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.6 General Provisions. Transtech Engineers, Inc. Page 13 of 17 8513273_1 3.6.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Consultant: Transtech Engineers, Inc. 13367 Benson Avenue Chino, CA 91710 Attn: Dennis Tarango, Building Official City: City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Attn: Nico De Anda-Scaia Interim Director of Economic & Community Development Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.2 Indemnification. 3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless AGENCY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless AGENCY shall not extend to the AGENCY’s sole or active negligence. 3.6.2.2 Duty to Defend. In the event the AGENCY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by AGENCY, CONSULTANT shall defend the AGENCY at CONSULTANT’s cost or at AGENCY’s option, to reimburse AGENCY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by AGENCY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and AGENCY, as to whether liability arises from the sole or active negligence of the AGENCY or its officers, employees, or agents, CONSULTANT will be Transtech Engineers, Inc. Page 14 of 17 8513273_1 obligated to pay for AGENCY’s defense until such time as a final judgment has been entered adjudicating the AGENCY as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. 3.6.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.6.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.5 City’s Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.6.7 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.6.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.6.9 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. Transtech Engineers, Inc. Page 15 of 17 8513273_1 3.6.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6.13 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.6.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.6.15 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 3.6.16 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.6.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.18 Entire Agreement. This Agreement contains the entire Agreement of the Transtech Engineers, Inc. Page 16 of 17 8513273_1 parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. [SIGNATURES ON NEXT PAGE] Transtech Engineers, Inc. Page 17 of 17 8513273_1 CITY OF AZUSA Transtech Engineers, Inc. By: By: Sergio Gonzalez, City Manager Name: Allen Cayir Attest: Title: President Jeffrey Lawrence Cornejo Jr., City Clerk Approved as to Form: Best Best & Krieger LLP By: Name: Sybil Cayir Marco Martinez, City Attorney Title: Secretary Transtech Engineers, Inc. Page 1 of 17 B-1 8513273_1 EXHIBIT “A” SCOPE OF SERVICES www.transtech.org 855.595.2495 (toll-free) November 7, 2022 City of Azusa Nico De Anda-Scaia Deputy City Manager ndeanda@azusaca.gov Subject: STAFF AUGMENTATION SERVICES – PLANNING STAFF SERVICES Dear Mr. De Anda-Scaia: Transtech is pleased to submit this proposal to provide additional as needed staff augmentation services, including Planning Staff Services to the city. Per our discussion, Knarik Viscarra, will be providing services approximately 20-30 hrs. per week. Service will be provided based on Transtech’s Schedule of Hourly Rates of $135 per hr. established by this contract effective through June 30, 2023 (see enclosed). Should you have any questions, or require additional information, please contact us. Sincerely, Enc: Transtech Schedule of Hourly Rates effective June 30, 2023 Dennis Tarango, CBO, Principal Building Official Ayla Jefferson, CBO, Principal Building Official E: dennis.tarango@transtech.org E: ayla.jefferson@transtech.org C: 909-821-7117, O: 909-595-8599;127 C: 909-851-5765, O: 909-595-8599;123 Transtech Engineers, Inc. www.transtech.org 855.595.2495 (toll-free) ISO 9001:2008 Certified KNARIK VIZCARRA, Sr. Planner EDUCATION • California Polytechnic University, Pomona, Bachelor of Science in Urban and Regional Planning Ms. Vizcarra has approximately 20 years of experience. She is a Sr. Planner at Transtech. She works at Transtech’s Contract Cities and provides Planning Support Services as needed. Currently, one of her assignments is assisting the City of Commerce under Transtech’s Municipal Services Contract for a variety of development projects, as well as Cannabis Applications and Projects. Her experience also includes working as Planner for the City of South Pasadena. Duties and tasks performed, representative of her experience, included, but not limited to: • Reviewed and processed projects through entitlements by working with applicants and other city departments, conducting environmental review and preparing appropriate environmental documents accordingly, and presenting written and graphic reports to the Planning Commission. • Reviewed development projects for compliance with City’s Zoning Code, conducted environmental review and prepared appropriate environmental documents. • While working on residential, hillside, historic, and commercial projects during this time, one of the most notable project was assisting in the occupation of the Rialto Theater (in the City of South Pasadena), a historic building, previously unoccupied for over a decade. • Reviewed development projects for compliance with City’s Zoning Code, conducted environmental review and prepared appropriate environmental documents. • Prepared written and graphic staff reports and presented findings to both Planning Commission and City Council. • Prepared and ushered Zoning Code Amendments through adoption. Examples include: Amendments to parking requirements for historic buildings to encourage adaptive re-use of vacant buildings, updates to Second Dwelling Unit ordinance and streamlining the review process for multi-family housing, both time-sensitive items critical for the certification of the City’s Housing Element, and implementation of the valet parking ordinance. • Served as Planning Division representative on the South Pasadena Chamber of Commerce Economic Development Committee. • Reviewed project plans and applications subject to review by the Design Review Board and/or Cultural Heritage Commission to ensure compliance with zoning regulations and the City’s design guidelines. • Served as staff liaison to the Design Review Board. • Advised property owners, architects, designers, and contractors regarding the applicability of Zoning Code regulations, and assisted with resolution of Zoning Code violations. • Conducted field inspections to ensure that built projects are in accordance with plans approved by the various city boards and commissions. • Performed professional level planning work including but not limited to the interpretation and application of the Zoning Code and General Plan. • Reviewed project plans and applications that required Planning Commission review (e.g. Conditional Use Permit, Variance, Hillside Development Permit applications, etc); prepared written and graphic staff reports with analysis of the proposals. Transtech Engineers, Inc. www.transtech.org 855.595.2495 (toll-free) ISO 9001:2008 Certified • Reviewed project plans and applications for Design Review Board and Cultural Heritage Commission to ensure compliance with Zoning Code regulations and City’s design guidelines. • Responded to inquiries from the public related to Zoning Code regulations and the General Plan. • Conducted field inspections to ensure that built projects were in accordance with plans approved by the various city boards and commissions. • Reviewed business license applications for compliance with applicable Zoning Code regulations. Transtech Engineers, Inc. Page 2 of 17 B-2 8513273_1 EXHIBIT “B” COMPENSATION TRANSTECH ENGINEERS, INC. SCHEDULE OF HOURLY RATES Effective through June 30, 2023 City of Azusa ENGINEERING CONSTRUCTION MANAGEMENT BUILDING & SAFETY Field Technician $73 Labor Compliance Analyst $135 Permit Technician $67 Engineering Technician $90 Funds Coordinator $135 Building Inspector $95 Assistant CAD Drafter $107 Utility Coordinator $151 Senior Building Inspector $107 Senior CAD Drafter $129 Office Engineer $123 Plans Examiner/Checker $129 Associate Designer $135 Construction Inspector $129 Plan Check Engineer $146 Senior Designer $146 Senior Construction Inspector $146 CASp Plan Checker $157 Design Project Manager $179 Construction Manager $179 Deputy Building Official $146 Assistant Engineer $112 Resident Engineer $179 Building Official $157 Staff Engineer $140 PUBLIC WORKS INSPECTION PLANNING Associate Civil Engineer $140 Public Works Inspector $129 Community Development Technician $67 Senior Civil Engineer $179 Senior Public Works Inspector $146 Planning Technician $67 Traffic Analyst Technician $90 Supervising PW Inspector $151 Assistant Planner $107 Associate Traffic Analyst $107 SURVEY AND MAPPING Associate Planner $123 Senior Traffic Analyst $146 Survey Analyst $129 Senior Planner $135 Professional Transportation Planner $168 Senior Survey Analyst $135 Planning Manager $151 Traffic Engineer Technician $90 2 Man Survey Crew $314 Deputy Director $191 Associate Traffic Engineer $140 Survey & Mapping Specialist $179 Director $202 Traffic Engineer $157 Licensed Land Surveyor $196 ADMINISTRATIVE STAFF Senior Traffic Engineer $179 FUNDING & GRANT WRITING Administrative/Clerical $67 Project Manager $168 Funds Analyst $112 Project Accountant $84 Senior Project Manager $179 Senior Funds Analyst $135 Office Help $49 Deputy City Engineer $157 Graphic & Rendering Designer $123 Senior City Engineer $179 Grant Writer $135 Principal Engineer $202 Funds & Grant Project Manager $168 All fees are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic. Hourly rates are all inclusive and include, but are not limited to, all Consultant profit and overhead including non-billable administrative staff. Consultant will be required to pay for the cost of all training, equipment, or materials required by their own staff. Consultant shall not charge the City for any staff time to attend training/events provided by the City. 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 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. $ $ $ $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 below If 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 HIRED AUTOS ONLY 9/28/2022 AssuredPartners Design Professionals Insurance Services,LLC 3697 Mt.Diablo Blvd Suite 230 Lafayette CA 94549 Marie Swaney 626-696-1890 CertsDesignPro@AssuredPartners.com License#:6003745 Travelers Casualty and Surety Co of America 31194 TRANENG-09 Travelers Property Casualty Company of America 25674TranstechEngineers,Inc. 909-595-8599 13367 Benson Ave Chino CA 91710-3009 The Travelers Indemnity Company of Connecticut 25682 Sentinel Insurance Company 11000 701601240 B X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X XCU Included 1,000,000 2,000,000 X X Y Y 6805H737478 12/31/2021 12/31/2022 2,000,000 C 1,000,000 X X X NoOwnedAutos Y Y BA3R067451 12/31/2021 12/31/2022 B X X 5,000,000YCUP4F17434A12/31/2021Y 12/31/2022 5,000,000 X 0 D XY57WEGAA5O8A9/1/2022 9/1/2023 1,000,000 1,000,000 1,000,000 A Professional Liability 107328311 12/31/2021 12/31/2022 Per Claim Aggregate Limit $2,000,000 $4,000,000 Insured owns no company vehicles;therefore,hired/non-owned auto is the maximum coverage that applies.Umbrella Liability policy is follow-form to its underlying Policies:General Liability/Auto Liability/Employers Liability.Professional Liability is E&O Liability. RE:City desires to engage Consultant to render such services for the plan review and inspection services City of Azusa,its directors,officials,officers,employees,agents and volunteers are named as additional insureds as respects general and auto liability as required per written contract or agreement.General Liability is Primary/Non-Contributory per policy form wording.Auto Liability is Primary per policy form wording.Insurance coverage includes waiver of subrogation per the attached endorsement(s). 30 Day Notice will be sent to holder City of Azusa 213 E.Foothill Blvd. Azusa CA 91702 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative (1) Printed in U.S.A.Form WC 04 03 06 Policy Expiration Date: WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Endorsement Number:Policy Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us 57WEGAA5O8A 09/01/2022 Transtech Engineers,Inc. 13367 Benson Ave Chino,CA 91710-3009 09/01/2023 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 methoo, 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 If 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 to 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: (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 that is committed; subsequent to the signing of that contract or agreement by you. 5. 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 perioo 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: 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 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 Insured; 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 not ice 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, prooucts or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 © 2017 The Travelers Indemnity Company. All rights reserved. CG T1000219 Includes copyrighted material of Insurance Services Office, Inc. with its permiss ion. Policy #6805H737478 6805H7374786805H737478 COMMERCIAL GENERAL LIABILITY that is available to any of your "employees"occupational therapist or occupational for "bodily injury" that arises out of providingtherapy assistant, physical therapist or or failing to provide "incidental medicalspeech-language pathologist; or services" to any person to the extent not(b)First aid or "Good Samaritan services"subject to Paragraph 2.a.(1)of Section II –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or volunteer doctor. Any such "employees"K. MEDICAL PAYMENTS – INCREASED LIMIT or "volunteer workers" providing or failing The following replaces Paragraph 7.ofto provide first aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you 7.Subject to Paragraph 5.above, the Medicalwill be deemed to be acting within the scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct Coverage C for all medical expenses of your business.because of "bodily injury" sustained by any one person, and will be the higher of:3.The following replaces the last sentence of Paragraph 5.of SECTION III – LIMITS OF a.$10,000; orINSURANCE: b.The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITYservices" to any one person will be deemed The following is added to Paragraph 4.b.,to be one "occurrence".Excess Insurance, of SECTION IV –4.The following exclusion is added to COMMERCIAL GENERAL LIABILITYParagraph2.,Exclusions, of SECTION I –CONDITIONS: COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not subject to the professional services out of the violation of a penal statute or exclusion of Coverage A or Coverage B. ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured.OR AGREEMENT5.The following is added to the DEFINITIONS The following is added to Paragraph 8.,TransferSection: Of Rights Of Recovery Against Others To Us,"Incidental medical services" means:of SECTION IV – COMMERCIAL GENERAL a.Medical, surgical, dental, laboratory, x-LIABILITY CONDITIONS: ray or nursing service or treatment,If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we b.The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances.because of: 6.The following is added to Paragraph 4.b.,a."Bodily injury" or "property damage" thatExcess Insurance, of SECTION IV –occurs; orCOMMERCIAL GENERAL LIABILITY b."Personal and advertising injury" caused byCONDITIONS: an offense that is committed;This insurance is excess over any valid and subsequent to the signing of that contract orcollectible other insurance, whether primary, excess, contingent or on any other basis,agreement. CG D3 79 02 19 ú 2017 The Travelers Indemnity Company. All rights reserved.Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #6805H737478 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5.,Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us,of the prior to any "accident"or "loss",provided that the CONDITIONS Section:"accident"or "loss"arises out of the operations 5.Transfer Of Rights Of Recovery Against Oth-contemplated by such contract.The waiver ap- ers To Us plies only to the person or organization desig- nated in such contract.We waive any right of recovery we may have against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved.Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy #BA3R067451 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 d fie 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 pol cya " 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 Liabil ty 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 il ty 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:BA3R067451 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 #BA3R067451 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 pollution cles are also covered "autos"for Covered Autos cost or expense"to which this insurance does not Liability Coverage: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 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 lawingpropertytoorfromacovered of the jurisdiction where the covered"auto". "auto"is being used.This extension(5)A partner (if you are a partnership)or does not apply to the limit or limits a member (if you are a limited liability specified by any law governing motor company)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 covered extent of that liabil ty.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.Contractual sured"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 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 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 other moved from the place where they are ac-agents;or cepted by the "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.Racing place where they are finally delivered, 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 will grate or are discharged,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 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 and the same conditions will be considered as result- 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 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 the usurped power or action taken by covered "auto"or the monitoring of the governmental authority in hindering covered "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 dataresultingfromthetotaltheftofacovered signals in any one "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 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 us ance with the fol owing duties: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 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"that to secure our rights and must do nothing after is leased,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 the This Coverage Form is void in any case of same basis,either excess or primary,we fraud by you at any time as it relates to this will pay only our share.Our share is the Coverage Form.It is also void if you or any proportion that the Limit of Insurance of other "insured",at any time,intentionally con-our Coverage Form bears to the total of ceals or misrepresents a material fact con-the limits of all the Coverage Forms and cerning: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 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 a rates or premiums in effect at the begin-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" or United States of America;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 assessing provided that the "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 in Coverage Form or policy.This condition does which the "pollutants"are contained are not apply to any Coverage Form or policy is-moved from the place where they are ac- sued by us or an affiliated company specifi-cepted by the "insured"for movement into cally to apply as excess insurance over this or onto the covered "auto";or Coverage Form.c.After the "pollutants"or any property in SECTION V DEFINITIONS which the "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 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 agreement chanical functioning of the covered "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 is G."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 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 vehicle 4.Vehicles,whether self-propelled or not,main-insurance law where it is licensed or principally tained primarily to provide mobility to perma-garaged.Land vehicles subject to a compulsory nently mounted: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";or cleaning,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 resolution be considered "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