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Pace Advanced Water Engineering - 2023-05-19 (2)
PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACE ADVANCED WATER ENGINEERING FOR AS NEEDED WATER WELL ENGINEERING BACKWASH AND MISCELLANEOUS SERVICES THIS AGREEMENT("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PACE ADVANCED WATER ENGINEERING, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as needed backwash and miscellaneous services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Duncan Lee who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 23-12575/308248 1 of 12 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on RAj /77 , 20 A..?(the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date,CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Thirty Thousand Dollars ($30,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 23-12575/308248 2 of 12 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors,if any)negligent(or alleged negligent)performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 23-12575/308248 3 of 12 B. To the extent that CONSULTANT performs"Design Professional Services"within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are'applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for 23-12575/308248 4 of 12 CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY;however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 23-12575/308248 5 of 12 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party,reduced in coverage or in limits except after thirty(30)days' prior written notice;however,ten(10)days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other 23-12575/308248 6 of 12 payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY,become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. - 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any 23-12575/308248 7 of 12 financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Pace Advanced Water Engineering ATTN: Director of Public Works ATTN: Duncan Lee 2000 Main Street 17520 Newhope Street, Suite 200 Huntington Beach, CA 92648 Fountain Valley, CA 92708 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23-12575/308248 8 of 12 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of 23-12575/308248 9 of 12 the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 23-12575/308248 10 of 12 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements,promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. 23-12575/308248 11 of 12 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of PACE ADVANCED WATER ENGINEERING California By' tHAu L. VU irect hief pl/NCA e,) L (Pursuant To HBMC§3.03.100) SE print name APPROVED AS TO FORM: ITS: (circle one)Chairman/Presiden iFe Preside AND By: City Attorney Si/ to print name ITS: (circle one)Secretary/Chief Financial Officer/Asst. RECEIVE AND FILE: Secretary—Treasurer edinnieli4hd. City Clerk Date .S//4,1-2g 23-12575/308248 12 of 12 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) 2023 As-Needed Backwash and Miscellaneous Services B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Assist staff to effectively air-scour and backwash pressure vessels, train staff, update training procedures and other miscellaneous services related to on-site well treatment facilities. C. CITY'S DUTIES AND RESPONSIBILITIES: Provide information and site access to consultant D. WORK PROGRAM/PROJECT SCHEDULE: Two years EXHIBIT A EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide,at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty(30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought Exhibit B into compliance, or until this Agreement has expired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. • Exhibit B EXHIBIT B PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES City of Huntington Beach(City) As-Needed Water Well Engineering Backwash and Miscellaneous Services #8439 OBJECTIVE: • PACE is pleased to provide our engineering service proposal for the City's potable Well site.Since 2012, a PACE has been the engineering firm the City hired to perform a pilot study to identify the most optimum treatment solution to eliminate the Hydrogen Sulfide (H2S) odor from the Well 9 site. Subsequently, PACE developed and designed,the 1'of its kind in California, a bacteriological treatment system using Granular Activated Carbon (GAC) with native aerobic bacteria directly from the raw water at the well. This innovative treatment system has been operating successfully since 2019,with a treatment capacity equal to the well production capacity at 3,000 gallons per minute(gpm). In addition to routine equipment maintenance at this site, each of the six(6) pressure vessels with GAC requires sophisticated maintenance,such as air-scouring and backwashing. For each cleaning cycle for each pressure vessel, a City operator must exercise care and understanding while turning valves and adjusting flows. PACE understands the City will need periodic assistance from PACE to perform various tasks, such as assisting City staff to effectively air-scour and backwash pressure vessels, train staff, update training procedures,or other miscellaneous services for the City. SECTION A-SCOPE OF SERVICES: • A. PACE agrees to perform the following task and other miscellaneous as-needed services for the • City: Task A—2023 As-Needed Backwash and Miscellaneous Services $ 15,000 • SECTION B-COMPENSATION: PACE will complete the work outlined herein and invoice the Client monthly on an as-needed basis,for a not-to-exceed fee of $15,000, In accordance with the attached 'Hourly Labor and Expenses Rates Schedule". Any additional fees for obtaining information from the City or other 3rd party resources on behalf of the Client for this project will be reimbursable to PACE. Task Description Professional Fee Task A-2023 As-Needed Backwash and Miscellaneous $ 15,000 • TOTAL FEE(Not-to-Exceed): $ 15,000 ASSUMPTIONS AND EXCLUSIONS: 1. None. • PACE PACE Advanced Water Engineering 2023 HOURLY LABOR RATES Principal $285 Sr.Project Manager/Sr. Consulting Engineer $245 g - Sr.Electrical Engineer/Sr.GIS Analyst $235 Project Manager/Consulting Engineer/Sr. l&C Specialist $230 _t • Sr.Project Engineer/Sr. Design Engineer $210 Instrumentation&Controls Specialist $175 Project Engineer/Design Engineer II $180 • Sr.CAD Designer $165 • Design Engineer $145 CAD Designer/GIS Analyst $140 Graphic Designer $120 Project Coordinator $100 Administrative Support $95 Assistant Designer $80 G.P.S.Survey Unit(wl Operator) $275 Expert Witness/Legal Consultation $350+Exp. REIMBURSABLE EXPENSE RATES* Units Cost Travel Mileage(Per Mile) Mile $0.68 . Airfare,Auto Rental,Hotel At Cost Misc.Travel(Parking,tax,tolls,meals,etc.) At Cost Per Diem(Contract Rate) DAY Contract Rate Outside Reproduction At Cost Shipping(FedEx,UPS,Courier,etc.) At Cost _Misc.(Review Fees,Specific Charges) At Cost _Reproduction(in-House) Sheet Bond-BM/Prints and Copies—All sizes SF $0.16 (8%x11 to 12 x18) Sheet-Color Prints and Copies--All sizes SF $1.20 Sheet-Glossy Color Print/Photo—All sizes - SF $2.60 Roll-Plots and Copies(Roll Paper) -Bond(B/W) SF $0.88 --Bond(Color) SF $1.56 Roll-Vellum or Mylar Plots SF $2.60 Roll-Glossy Color Plot Exhibits(Roll Paper) SF $3.12 Report 3-Ring Binders <1.5' EA $10.40 1.5'to 3" EA $15.60 >3" EA $26.00 Coil or GBC Punch Binding EA $1.04 *Note: All reimbursable expenses will be invoiced at the above rates+10% PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR Table of Contents 1 Scope of Services 1 2 City Staff Assistance • 2 3 Term;Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans,Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices. 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 I ✓C . �.w1 PACIAQU-01 ARODRIGUEZ6 ACt7R0" CERTIFICATE OF LIABILITY INSURANCE CATOfYYYY1 `...�� 4/271227l2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0767776 CONTACT ONT CT Henry Zamora HUB International Insurance Services Inc. PHONl�No, (714)5ti9-2718 2718 FAX 714 242-9723 4696 MacArthur Court (Arc'N°):( Suite 600 A Aabss:henry.zamora@hubinternational.com Newport Beach;CA 92660 INSURER(S)AFFORDING COVERAGE NAIC II INSURER A:Evanston Insurance Company 35378 INSURED INSURERB:Nationwide Mutual Insurance Company 23787 Pacific Advanced Civil Engineering Inc. INSURER c:Oak River Insurance Company 34630 17520 Newhope Street Suite 120 INSURER D, Fountain Valley,CA 92708 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMMIDD/YYYYI IMMIDDNYYY! A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE 11 OCCUR MKLVSPBC005750 4/30/2023 4/30/2024 DAMAGETORENTED 300,000 X X PREMISES(Ea occurcence! S MED EXP(Any one person) S Excluded PERSONAL&AOVINJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPUES PER: GENERAL AGGREGATE $ 2,000,000 POLICY n!lei LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER:CAP:$10,000,000 per project EBL AGGREGATE S 1,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 tEa accident) $ X ANY AUTO X X ACPBA3039722129 4130/2023 4/30/2024 BODILY INJURY IPer person) S AUTOS _ SCHEDULED SSuLEOD BODILY INJURY(Per accident) S X AUTOS ONLY X AUTOS ONBY ('Peer a cII trMAGE $ S A UMBRELLA UAB X OCCUR EACH OCCURRENCE S 5,000,000 _ X EXCESS LIAB CLAIMS-MADE MKLVSEUL104986 4/30/2023 4/30/2024 AGGREGATE S 6,000,000 DED RETENTION$ S C WORKERS COMPENSATION X STATUTE OTH- ER AND EMPLOYERS'LIABILITY ANY PR�OPREIMET¢ORIPARTNER/EXECUTIVE YIN X PAWC435779 3/2/2023 31212024 E.L.EACH ACCIDENT $ 1,000,000 O ICERJ y I71 NRI EXCLUDED? N NIA E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under 1,00%000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Prof&Poll Liab MKLV5ENV104131 4/30/2023 4/30/2024 Each Poll/Each Claim 3,000,000 A Retention:$150,000 MKLV5ENV104131 4/30/2023 4/30/2024 Shared Aggregate 6,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:#B439- As-Needed Water Well Engineering Backwash and Miscellaneous Services The City of Huntington Beach,its officers,elected or appointed officials,employees,agents and volunteers are named as Additional Insured with regard to General Liability when required by written contract per the attached endorsement. General Liability Is Primary and Non Contributoryry as a reed In writing. Notice of Cancellation will be provided as per policy provisions,attached.Waiver of Subrogation applies to theW4 4 /1091)r$ATtO Feahf and Workers Compensation policy as per requirements and attached endorsement.Be advised that the$10,000 Retention only applies to this certificate holder as per the written contract with the named insured. By: /` - MI AELE.G MS.-- . CERTIFICATE HOLDER CANCELLATION CITY ATTORNEY CITY OF HUNTINGTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Huntington Beach-Public Works Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 p ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Main St. Huntington Beach,CA 92648 AUTHORIZED REPRESENTATIVE 044d4-.-.. I ACORD 25(2016/03) 01988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: MKLV5PBC005750 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations The City of Huntington Beach, its officers,elected or All locations appointed officials, employees, agents and volunteers; 2000 Main Street, Huntington Beach, CA 92648 • Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to"bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions;or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been completed; or designated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ©ISO Properties, Inc., 2004 Page 1 of 1 CI CG20100704 POLICY NUMBER: MKLV5PBC005750 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s); Location And Description Of Completed Operations The City of Huntington Beach, its officers,elected or All locations appointed officials,employees,agents and volunteers; 2000 Main Street, Huntington Beach,CA 92648 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". ©ISO Properties, Inc.,2004 Page 1 of 1 D CG 20 37 07 04 POLICY NUMBER: MKLV5PBC005750 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution PrimaryAnd NoncontributoryInsurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and ©Insurance Services Office, Inc., 2012 Page 1 of 1 CG 20 01 0413 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: MKLV5PBC005750 MARKEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of.Person Or Organization: Any person(s)or organization(s)with whom the Named insured agrees, in a written contract executed prior to the"occurrence",to waive rights of recovery Additional Premium: included The following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us under Section IV — Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization shown in the Schedule of this endorsement. This waiver applies only to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged. MEGL 0241.01 05 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 1 with its permission. INTERLINE IL00171198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; and 1. The first Named Insured shown in the Declarations may cancel this policy by mailing c. Recommend changes. or delivering to us advance written notice of 2. We are not obligated to make any inspections, cancellation. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or such actions we do undertake relate only to delivering to the first Named Insured written insurability and the premiums to be charged. notice of cancellation at least: We do not make safety inspections. We do not a. 10 days before the effective date of undertake to perform the duty of any person or Y organization to provide for the health or safety cancellation if we cancel for nonpayment of of workers or the public.And we do not warrant premium; or that conditions: b. 30 days before the effective date of , a. Are safe or healthful; or cancellation if we cancel for any other reason. b. Comply with laws, regulations, codes or standards. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to 3. Paragraphs 1. and 2.of this condition apply not us, only to us, but also to any rating, advisory, rate service or similar organization which makes 4. Notice of cancellation will state the effective insurance inspections, surveys, reports or date of cancellation. The policy period will end recommendations. on that date. 4. Paragraph 2.of this condition does not apply to 5. If this policy is cancelled, we will send the first any inspections, surveys, reports or Named Insured any premium refund due. If we . recommendations we may make relative to cancel, the refund will be pro rata. If the first certification, under state or municipal statutes, Named Insured cancels, the refund may be ordinances or regulations, of boilers, pressure less than pro rata. The cancellation will be vessels or elevators. effective even if we have not made or offered a refund. E. Premiums 6. If notice is mailed, proof of mailing will be The first Named Insured shown in the sufficient proof of notice. Declarations: B. Changes 1. Is responsible for the payment of all premiums; and This policy contains all the agreements between 2. Will be the payee for any return premiums we you and us concerning the insurance afforded. The first Named Insured shown in the Declarations pay. is authorized to make changes in the terms of this F. Transfer Of Your Rights And Duties Under This policy with our consent, This policy's terms can be Policy amended or waived only by endorsement issued Your rights and duties under this policy may not be by us and made a part of this policy. transferred without our written consent except in C. Examination Of Your Books And Records the case of death of an individual named insured. We may examine and audit your books and If you die, your rights and duties will be transferred records as they relate to this policy at any time to your legal representative but only while acting during the policy period and up to three years within the scope of duties as your legal afterward. representative. Until your legal representative is D. Inspections And Surveys appointed, anyone having proper temporary custody of your property will have your rights and 1. We have the right to: duties but only with respect to that property. a. Make inspections and surveys at any time; IL 00 1711 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 POLICY NUMBER: MKLV5PBC005750 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) . This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name Of Person Or Organization: As required by written contract executed by both parties prior to loss;Applies to commercial work only (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of"your work"for that insured by or for you. CG 20 1011 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410 C (Ed.01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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.) • The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of$350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule • Blanket Waiver Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium(prior to adjustments) All CA Operations This endorsement changes the policy.to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 03/02/2023 Policy No.: PAWC435779 Endorsement No.: lnsured:Pacific Advanced Civil Engineering,Inc. Premium$ Insurance Company: Oak River Insurance Company Countersigned by WC990410C (Ed.01-19) • POLICY NUMBER: ACP BA 3039722129 COMMERCIAL AUTO AC70050316 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - GOLD This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired or Formed Entities • C. Employees as Insureds—Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments—Ball Bonds F. Supplementary Payments—Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage i. Fellow Employee—Officer, Managers and Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos—Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts—Leased Private Passenger Types O. Deductible Amendments P. Rental Reimbursement Coverage Q. Expanded Transportation Expense R. Extra Expense—Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost U. Physical Damage Coverage Extension V. Transfer of Rights of Recovery Against Others To Us W. Section IV—Business Auto Conditions—Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 0316 includes copyrighted material of insurance Services Office, Inc. Page 1 of 7 with its permission COMMERCIAL AUTO AC 70 05 0316 A. EFFECT OF THIS ENDORSEMENT If specifically required by the written contract or Coverage provided under this policy Is modified agreement referenced In the paragraph above, by the provisions of this endorsement. If there any coverage provided by this endorsement to Is any conflict between the provisions of this an additional Insured shall be primary and. any other valid and collectible Insurance avail- endorsement and the provision(s) of any state- , able to the additional Insured shall be non- specific endorsement also attached to this poll- cy, then the provision(s) of the slate-specific contributory with this insurance. If the written endorsement shall apply Instead of the provl- contract does not require this coverage to be sionsprimary and the additional Insured's coverage to of this endorsement that are in conflict, but only to the extent of the conflict, and only to be non-contributory, then this insurance will be the extent necessary to bring such provisions excess over any other valid and collectible Insur- Into conformance with the state requirement(s) ance available to the additional insured. contained in the provision(s)of the state-specific endorsement. E. SUPPLEMENTARY PAYMENTS — BAiL B. NEWLY ACQUIRED OR FORMED ENTITIES BONDS The Named Insured shown in the Declarations is Supplementary Payments of SECTION II — amended to include any organization you newly COVERED AUTOS LIABILITY COVERAGE is acquire or form, other than a partnership, joint revised as follows: venture, or limited liability company, and over (2) Up to$2,500 for cost of bail bonds (including which you maintain ownership or majority(more bonds for related traffic law violations) than 50%)Interest; If there is no other similar in- required because of an "accident"we cover. surance available to that organization. Coverage We do not have to furnish these bonds. under this provision Is afforded until the 180`h F. SUPPLEMENTARY PAYMENTS — LOSS OF day after you acquire or form the organization or EARNINGS the end of the policy period,whichever is later. Supplementary Payments of the SECTION II — C. EAMPMPOSLOYEES AS INSUREDS — NONOWNED COVERED AUTOS LIABILITY COVERAGE Is revised as follows: The following Is added to paragraph A.1.Who Is (4) All reasonable expenses Incurred by the"in- An Insured of SECTION 11—COVERED AUTOS sured" at our request, Including actual loss LIABILITY COVERAGE: of earnings up to $500 a day because of d. Any "employee" of yours is an "insured" time off from work. while using a covered "auto" you don't own, G. PERSONAL EFFECTS AND PROPERTY OF hire or borrow in your business or your per- OTHERS EXTENSION sonal affairs, 1. The. Care, Custody or Control Exclusion of D. ADDITIONAL INSURED BY CONTRACT, SECTION II — COVERED AUTOS PERMIT OR AGREEMENT LIABILITY COVERAGE, does not apply to The following is added to A.1. Who Is An In- "property damage" to property, other than sured of SECTION II — COVERED AUTOS your property, up to an amount not exceed- LIABILITY COVERAGE: ing $250 In any one "accident". Coverage Any person or organization that you are re- Is excess over any other valid and collectible quired to name as an additional insured in a insurance. written contract or agreement that Is executed 2. The following paragraph is added to A.4. or signed by you prior to a "bodily injury" or Coverage Extensions of SECTION iII — "property damage" occurrence is an "Insured" PHYSICAL DAMAGE COVERAGE: for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such c. We will pay up to$500 for your property a person or organization is an insured only to that r lost so damaged as a resultapplying of de- the extent that person or organization qualifies covered "loss", without essover a any as an "Insured" under A.1. Who Is an Insured of ductible. Coverage Is excess any SECTION II — COVERED AUTOS LIABILITY other valid and collectible insurance. COVERAGE: Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. AC 70 05 0316 with its permission COMMERCIAL AUTO AC 70 05 0316 H. PREJUDGMENT INTEREST COVERAGE substitute for a covered "auto"you own that The following paragraph is added to SECTION II is out of service because of Its: — COVERED AUTOS LIABILITY COVERAGE, a. Breakdown; 2. Coverage Extensions, a. Supplementary b. Repair; Payments: c. Servicing; (7) Prejudgment interest awarded against the d. "Loss";or "insured" on that part of the judgment we pay. If we make an offer to pay the appii- e. Destruction cable limit of insurance, we will not pay The coverage that applies is the same as any prejudgment Interest based on that the coverage provided for the vehicle being period of time after the offer. replaced. I. FELLOW EMPLOYEE — OFFICERS, MANAGERS,AND SUPERVISORS L. EXPANDED TOWING COVERAGE The Fellow Employee Exclusion in SECTION II 1. We will pay up to: —COVERED AUTOS LIABILITY COVERAGE Is a. $100 for a covered "auto" you own of replaced as follows; the private passenger type,or A. "Bodily injury" to any fellow "employee" of b. $500 for a covered "auto" you own that the"Insured"arising out of and in the course of the fellow "employee's" employment or is not of the private passenger type, while performing duties related to the con- for towing and labor costs incurred each duct of your business. This exclusion does time the covered "auto" is disabled. Howev- not apply to an "Insured" who occupies a er,the labor must be performed at the place position as an officer, manager, or supervi- of disablement. sor. 2. This coverage applies only for an "auto" J. HIRED AUTO PHYSICAL DAMAGE covered on this policy for Comprehensive or if covered"auto"designation symbols 1 or 8 ap- Specified Causes of Loss Coverage and ply to Liability Coverage and if at least one "au- Collision Coverages. to" you own Is covered by this policy for Com- 3. Payment applies in addition to the otherwise prehensive, Specified Causes of Loss, or Colli- applicable amount of each coverage you slon coverages, then the Physical Damage have on a covered"auto". • coverages provided are extended to "autos"you M. AUTO LOAN OR LEASE COVERAGE lease, hire, rent or borrow without a driver; and 1. In the event of a total "loss" to a covered provisions in the Business Auto Coverage Form "auto", we will pay any unpaid amount due applicable to Hired Auto Physical Damage apply on the loan or lease, including up to a max- up to a limit of$100,000.The deductible will be Imum of $500 for early termination fees or equal to the largest deductible applicable to any penalties,for your covered"auto"less: owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or a. The amount paid under SECTION lightning. PHYSICAL DAMAGE COVERAGE of K. TEMPORARY SUBSTITUTE AUTOS — this policy;and PHYSICAL DAMAGE COVERAGE b. Any: The following Is added to paragraph C. Certain 1) Overdue tease/loan payments at the Trailers, Mobile Equipment And Temporary time of the foss , Substitute Autos of SECTION I - COVERED 2) Financial penalties Imposed under a AUTOS: lease for excessive use, abnormal If Physical Damage Coverage Is provided by wear and tear or high mileage; this Coverage Form, the following types of 3) Security deposits not refunded by a vehicles are also covered "autos" for Physl- lessor; cal Damage Coverage: 4) Costs of extended warranties,Credit Any "auto" you do not own while used with . Life insurance, Health, Accident, or the permission of its owner as a temporary Disability insurance purchased with the lease;and AC 70 05 0316 Includes copyrighted material of Insurance Services Office,Inc., Page 3 of 7 with Its permission COMMERCIAL AUTO AC 70 06 03 16 5) Carry-over balances from previous No deductible applies to glass If the glass Is re- leases. paired, in a manner acceptable to us,rather than 2. This coverage only applies to a "loss"which replaced. Is also covered under this policy for Corn- P. RENTAL REIMBURSEMENT COVERAGE prehensive, Specified Causes of Loss, or 1. This coverage applies only to a covered "au- Collision coverage, to"for which Physical Damage Coverage is 3. Coverage does not apply to any unpaid provided on this policy. amount due on a loan for which the covered 2. We will pay for rental reimbursement ex- auto is not the sole collateral. penses incurred by you for the rental of an N. ORIGINAL EQUIPMENT MANUFACTURER "auto"because of"loss"to a covered "auto". PARTS — LEASED PRIVATE PASSENGER Payment applies in addition to the otherwise TYPES applicable amount of each coverage you Under Paragraph C. Limit of Insurance of have on a covered "auto." No deductibles SECTION Ill — PHYSICAL DAMAGE apply to this coverage. COVERAGE,Section 4 is added as follows: 3. We will pay only for those expenses Incurred 4. We will use new original equipment vehicle during the policy period beginning 24 hours manufacturer parts for any private passen- after the"loss"and ending, regardless of the ger type covered "auto" where required by policy's expiration, with the lesser of the the lease agreement which has a term of at following number of days: least six months. if a new original equip- a. The number of days reasonably ment vehicle manufacturer part Is not in pro- required to repair or replace the covered duction or distribution we may use a like, "auto". If "loss" is caused by theft, this kind and quality replacement part. number of days is added to the number O. DEDUCTIBLE AMENDMENTS of days it takes to locate the covered The following are added to the Deductible provi- "auto"and return it to you. sion of SECTION ill — PHYSICAL DAMAGE b. The number of days shown in the COVERAGE: Schedule. If another policy or coverage form that is not an 4. Our payment is limited to the lesser of the automobile policy or coverage form issued by following amounts: this company applies to the same"accident",the a. Necessary and actual expenses following applies: Incurred. 1. If the deductible under this coverage Is the b. $75 for any one day or for a maximum smaller (or smallest) deductible, it will be of 30 days. waived: 5. This coverage does not apply while there 2. If the deductible under this coverage is not are spare or reserve"autos"available to you the smaller(or smallest)deductible, it will be for your operations. reduced by the amount of the smaller (or 6. If"loss" results from the total theft of a coy- smallest)deductible. ered "auto" of the private passenger type, If a Comprehensive or Specified Causes of Loss we will pay under this coverage only that Coverage "loss" from one "accident" Involves amount of your rental reimbursement ex- two or more covered "autos", only the highest penses which is not already provided for un- deductible applicable to those coverages will be der SECTION iII — PHYSICAL DAMAGE applied to the"accident," if the cause of the loss COVERAGE Coverage Extension. is covered for those vehicles.This provision only Q. EXPANDED TRANSPORTATION EXPENSE applies if you carry Comprehensive or Specified Paragraph A.4.a. of SECTION ill — PHYSICAL Causes of Loss Coverage for those vehicles, DAMAGE COVERAGE Is replaced by the follow- and does not extend coverage to any covered "autos" Ing: autos for which you do not carry such coverage. We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense In- curred by you because of the total theft of a Page 4 of 7 includes copyrighted material of Insurance Services Office, Inc AC 70 05 0316 with its permission. COMMERCIAL AUTO AC 70 05 0316 covered "auto" of the private passenger type. ment manufacturer or other sources In- We will only pay for those covered "autos" for ciuding non-original equipment menu- which you carry Comprehensive or Specified facturers and Causes of Loss Coverage. We will pay for tern- b. If a repair or replacement results In bet- porary transportation expenses incurred during ter than like kind or quality, we will not the period beginning 24 hours after the theft and pay for the amount of the net improve- ending, regardless of the policy's expiration, ment. when the covered"auto"Is returned to use or we 5. If we offer to pay the actual cash value of pay for its"loss". the damaged or stolen property, we will R. EXTRA EXPENSE—STOLEN AUTOS value auto advertising wraps, paint customl- The following paragraph is added to Coverage • zation,and similar business related advertls- Extensions of SECTION III — PHYSICAL ing modifications, in addition to the actual DAMAGE COVERAGE: cash value of the property. Auto advertising c. We will pay for up to$5,000 for the expense wraps, paint customization, and similar of returning a stolen covered "auto"to you. business related advertising modifications We will pay only for those covered "autos" will be valued at the cost to replace them for which you carry Comprehensive or Spec- with an adjustment made for depreciation Ifled Causes of Loss Coverage and physical condition. S. PHYSICAL DAMAGE LIMIT OF INSURANCE T. NEW VEHICLE REPLACEMENT COST Under SECTION III — PHYSICAL DAMAGE The following Is added to the Limit of Insurance COVERAGE, Paragraph C., Limit of insurance provision of SECTION III — PHYSICAL Is replaced by the following: DAMAGE COVERAGE: C. Limit Of Insurance 5. The provisions of paragraphs 1. and 3. do 1. The most we will pay for "loss" in any one not apply to a covered "auto" of the private "accident"is the lesser of: passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or a. The actual cash value of the damaged less which is a"new vehicle." or stolen property as of the time of the in the event of a total "loss"to your new ve- "loss",or hide to which this coverage applies, we will b. The cost of repairing or replacing the pay at your option: damaged or stolen property. a. The verifiable "new vehicle" purchase 2. $1500 Is the most we will pay for "loss"- In price you paid for your damaged vehi- any one "accident" to all electronic equip- cle, not including any Insurance or war- ment that reproduces, receives or transmits rantles purchased; audio, visual or data signals which, at the b. If It Is available, the purchase price, as time of"loss", Is: negotiated by us, of a "new vehicle" of a. Permanently installed in or upon the the same make, model, and equipment covered "auto" In a housing, opening or or the most similar model available, not other location that Is not normally used including any furnishings, parts, or by the "auto" manufacturer for the in- equipment not installed by the manufac- stallation of such equipment. turer or manufacturers'dealership;or b. Removable from a permanently installed c. The market value of your damaged ve- housing unit as described In Paragraph • hide, not Including any furnishings, 2.a. above or is an integral part of that parts, or equipment not installed by the equipment;or manufacturer or manufacturer's dealer- c. An integral part of such equipment. ship. 3. An adjustment for depreciation and physical We will not pay for initiation or set up costs condition will be made in determining actual associated with loans or leases cash value in the event of a total"loss". As used in this endorsement, a "new 4. The cost of repairing or replacing may: vehicle" means an "auto" of which you are a. Be based on an estimate which Includes the original owner that has not been previ- parts furnished by the original equip- AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission COMMERCIAL AUTO AC 70 05 03 16 ously titled and which you purchased less a. Your obligation in the Duties in the Event than 365 days before the date of the"loss". of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements U. PHYSICAL DAMAGE COVERAGE applies only when the "accident" or EXTENSIONS "loss"is known to: Under SECTION III — PHYSICAL DAMAGE (1) You, If you are an individual; COVERAGE, A. Coverage, Coverage Exten- (2) A partner, if you are a partnership; slons, b. Loss of Use Expenses Is replaced by (3) A member, if you are a limited liability the following: company;or b. Loss of Use Expenses (4) An executive officer or Insurance For Hired Auto Physical Damage, we will manager, if you are a corporation. pay expenses for which an "Insured" be- b. Your obligation in the. Duties in the Event comes legally responsible to pay for loss of of Accident, Claim, Suit or Loss Condition use of a vehicle rented or hired without a relative to providing us with documents driver, under a written rental contract or concerning a claim or "suit" will not be agreement. We will pay for loss of use ex- considered breached unless the breach penses if caused by: occurs after such claim or"suit" is known (1) Other than collision if the Declarations to: indicate that Comprehensive Coverage (1) You, If you are an Individual; is provided for any covered"auto"; (2) A partner,If you are a partnership; (2) Specified Causes of Loss only if the (3) A member, if you are a limited Declarations Indicate that Specified liability company;or Causes of Loss Coverage is provided (4) An executive officer or Insurance for any covered"auto";or manager, if you are a corporation. (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered"auto." X. HIRED CAR—COVERAGE TERRITORY However, the most we will pay for any item (5) of the Policy Period, Coverage Territory expenses for loss of use Is$50 per day,to a General Conditions is replaced by the following: maximum of$1,500.The insurance provided (5)Anywhere in the world if a covered "auto" is by this provision is excess over any other leased, hired, rented or borrowed without a collectible Insurance. driver for a period of 30 days or less;and V. TRANSFER OF RIGHTS OF RECOVERY Y. EMERGENCY LOCKOUT AGAINST OTHERS TO US We will reimburse you up to$100 for reasonable The following is added to the Transfer Of Rights expense Incurred for the services of a locksmith Of Recovery Against Others To Us Condition: to gain entry into your covered "auto" subject to We waive any right of recovery we may these provisions: have against any person or organization to 1. Your door key, electronic key or key entry the extent required of you by a written con- pad has been lost, stolen or locked In your tract executed prior to any "accident" be- covered "auto" and you are unable to enter cause of payments we make for damages such"auto`,or under this coverage form, 2. Your keyless entry device battery dies and W. NOTICE OF AND KNOWLEDGE OF you are unable to enter such "auto" as a re- OCCURRENCE suit, SECTION iV—BUSINESS AUTO 3. Your key, electronic key or key entry pad CONDITIONS,Paragraph A Is amended as has been lost or stolen and you have follows: changed the lock to prevent an unauthorized 6. NOTICE OF AND KNOWLEDGE OF entry; and OCCURRENCE Page 6 of 7 includes copyrighted material of Insurance Services Office, Inc AC 70 05 0316 with Its permission. COMMERCIAL AUTO AC 70 05 03 16 4. Original copies of receipts for services of a if we cancel for any reason other than non- locksmith must be provided before reim- payment of premium, we will mail or deliver bursement is payable. to the First Named Insured written notice of Z. CANCELLATION CONDITION cancellation at least 60 days before the ef- fective date of cancellation. This provision Paragraph A.2. of the COMMON POLICY does not apply In those states that require CONDITION — CANCELLATION applies more than 60 days prior notice of cancella- except as follows: tion. • • AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with Its permission