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2200 - Ninyo and Moore - Geotech Consulting Services for Pavement Sinkhole & Settlement at Various Locations (Phase I)PROFESSIONAL SERVICES AGREEMENT GEOTECHNICAL CONSULTING SERVICES — PAVEMENT SINKHOLES & SETTLEMENT AT VARIOUS LOCATIONS (PHASE I) (NINYO & MOORE) 1. PARTIES AND DATE. This Agreement is made and entered into this [zbay of -6�0V, 2024 (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Ninyo & Moore with its principal place of business at 475 Goddard, Suite 200, Irvine, California 92618 ("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 geotechnical monitoring and materials testing and inspections consulting 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 ongoing professional Geotechnical Consulting Services for Pavement Sinkholes and Settlement at Various Locations ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. Ninyo & Moore Page 2 of 19 of ces: Consultant rees to furnish to the City General Scope materials, tools, equipment, services, i and ses incidental and customary work necessary to fully and adequately supply the Geotechnical Consulting Services for Pavement Sinkholes and Settlement necessary for the Project, herein referred to a "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 for a six (6) month period from the Effective Date shown 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. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The 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. 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. Ninyo & Moore Page 3 of 19 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. 3.2.5 City's Representative: The City hereby designates the City Manager, or his or her designee, to act as its 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 Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative: Consultant hereby designates Kurt Yoshii 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 professional 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 represents 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 Ninyo & Moore Page 4 of 19 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. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with applicable 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 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 indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any liability to the extent found to be arising out of any failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor 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 its 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 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. 3.3 Fees and Payments. 3.3.1 Compensation: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed Four Thousand Five Hundred Dollars ($4,500) and in accordance with consultant's proposal dated September 20th, 2024. Consultant's proposal is hereby incorporated and found in Exhibit "A". Extra Work may be authorized in writing, as Ninyo & Moore Page 5 of 19 described below, and 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 30 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 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws to the extent they are applicable to Consultant. 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 Accounting Records. 3.4.1 Maintenance and Inspection: 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 Ninyo & Moore Page 6 of 19 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. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 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. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ 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. 3.5.1.3 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. 3.5.2 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: Ninyo & Moore 475 Goddard, Suite 200 Irvine, CA 92618 Attn: Michael Rogers Tel: (949) 753-7070 CITY: City of Rosemead 8838 Valley Boulevard Rosemead, CA 91770 Attn: Public Works Director Ninyo & Moore Page 7 of 19 Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours by certified mail or 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. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 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"). 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 provided to Consultant by the City. The Documents & Data are intended for use solely with respect to the project for which they were prepared. Any reuse or modification by City shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed 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. 3.5.4 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. Ninyo & Moore Page 8 of 19 3.5.5 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 costs of such action as part of prevailing party's total damages as determined by court of competent jurisdiction or as agreed upon by the parties in settlement. 3.5.6 Indemnity and Defense. a. Indemnity and Defense 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, to the extent caused 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. b. 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 provision. 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 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. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the 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. Ninyo & Moore Page 9 of 19 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 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. 3.5.13 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. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 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. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. Ninyo & Moore Page 10 of 19 3.5.17 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. 3.5.18 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. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. 3.5.20 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 Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 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. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. Ninyo & Moore Page 11 of 19 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next Page] Ninyo & Moore Page 12 of 19 CITY OF ROSEMEAD f Z71' 4 Ir Z Ben Kim [ty I anager to Attest: Eficka Hernandez, City Clerk Dat' e Approved as to Form: / 11.1 y achel Richman Date City Attorney Ninyo & Moore / W �� �_./ Name: 2 i [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Name: �1G!lrle O 7%f Title: .,,5 J�r7� J)Pec *PX Ninyo & Moore Page 13 of 19 EXHIBIT A SCOPE OF SERVICES/ RATE SCHEDULE /�/inya&*nnre35+ YEARS Geotechnical 8 Environmental Scan... Gomultanb September 20, 2024 Proposal No. 04-04488A Mr. Albert Leung, P.E. Rosemead City Engineer 8838 East Valley Boulevard Rosemead, California 91770 Subject: Proposal for Geotechnical Consulting Services Pavement Sinkholes and Settlement Various Locations Rosemead, California Dear Mr. Leung: At your request, we have prepared this proposal to perform a geotechnical evaluation of the pavement sinkhole and settlement problems affecting various public streets in the City of Rosemead, California. Based on our preliminary discussion with the City representatives and review of photographs provided to us, we understand that the pavement problems have been noted at various locations in the City roadways. Some of the pavement problems were reportedly observed along the alignment of storm drain and sewer line utility trenches. As you are aware, we recently performed an evaluation of the pavement settlement at Strathmore Avenue and Virginia Street and issued a report containing our findings and repair recommendations dated August 26, 2024. We understand from correspondence received on September 10, 2024, that the City has requested geotechnical evaluation of the pavement problems at the following locations: • 7661 Highcliff Street. • A/3140 Jackson Avenue. • 3333 Delta Avenue (near old trench patch). • 3413 Chariette Avenue. • A/8407 Marshall Street. • 2458 Jackson Avenue. • 3737 Muscatel Avenue. • 3212 Burton Avenue (cross street Garvey Avenue). A storm drain is near the affected area. • 3212 Burton Avenue (cross street Valley Boulevard). 475 Goddard, Suite 200 1 Irvine, California 92618 1 p. 949.753.7070 1 www.ninyoandmoore.com • 4151 Walnut Grove Avenue (in line with sewer manhole). • 7550 Fern Avenue. The purpose of our evaluation will be to review available background documents, observe the site conditions, and provide preliminary verbal findings regarding the pavement problems affecting the various locations in the City. Based on the results of our evaluation, subsurface exploration may be recommended in order to further evaluate the site geotechnical conditions and to provide repair recommendations, as appropriate. SCOPE OF SERVICES In order to provide an appropriate scope of geotechnical services, we propose to perform our services in phases. Phase I of our evaluation will include an assessment of the site conditions affecting the various locations based on our review of available geotechnical background materials, utility plans, and roadway plans, and a site reconnaissance. Subsequent to our Phase I scope of work, a Phase II evaluation may be recommended to evaluate the cause of the pavement problems and provide recommendations for repair. Such additional evaluation may include the excavation of exploratory test pits, and/or soil borings, to evaluate the subsurface conditions and collect soil samples for laboratory testing. More specifically, our scope of services will include the following: Phase I Preliminary Geotechnical Evaluation • Review of in-house geotechnical literature, geologic maps, and historical aerial photographs. • Review of geotechnical reports, utility plans, street plans, construction documents, and maintenance records pertaining to the roadways and utilities in the work area, provided by the City of Rosemead, as available. • Site visit to observe the geotechnical conditions of the affected pavement and roadway areas, and evaluate potential locations for subsurface exploration. For efficiency, we propose to observe the eleven locations indicated by the City (listed above) during a one -day reconnaissance. • Compilation and geotechnical analysis of the results of our background review and geotechnical reconnaissance. • Discussion of our preliminary findings with you regarding the nature of the site problems at the various locations, and conceptual repair recommendations. • Following our discussion, we will prepare geotechnical letters, as needed, to present the findings from our Phase I evaluation and recommendations for Phase II subsurface evaluation. Phase II Subsurface Evaluation Upon completion of our Phase I evaluation, a Phase II subsurface evaluation may be warranted at the various site locations. Such an evaluation may include the following: Ninyo & Moore I Various Street Locations, Rosemead, Califomia 104-04488A I September 20, 2024 2 • Video surveying of storm drain or sewer lines at the site to evaluate integrity of the pipes. The video surveying would be performed by the appropriate municipalities and observed by Ninyo & Moore. • Excavation, logging, and sampling of exploratory test pits and/or borings. The purpose of the excavations would be to evaluate the subsurface earth materials at the site and collect samples for laboratory testing. • Performance of ground penetrating radar (GPR) or cone penetration testing (CPT) to evaluate subsurface conditions. • Laboratory testing of soil samples obtained from the exploratory excavations. The testing program would be designed to further evaluate the cause(s) of the pavement problems and to make recommendations for repair, as appropriate. • Compilation and engineering analysis of the accumulated data. • Preparation of a geotechnical report to provide conclusions and repair recommendations. SCHEDULE Following receipt of your written authorization to proceed, Ninyo & Moore will commence the Phase I services described herein. Our Phase I evaluation to observe the site conditions, discuss our findings with City personnel, and prepare recommendations for subsurface exploration, will be completed within approximately two weeks of authorization. The schedule for our Phase II evaluation will be provided after the scope has been refined at the completion of the Phase I. FEE We propose to provide our geotechnical services on a lump sum basis in accordance with the attached Schedule of Fees. The fee for our Phase 1 evaluation is $4,500 (four thousand five hundred dollars). The fee for our Phase II evaluation will be guided by the scope of work for the proposed subsurface exploration. We appreciate the opportunity to provide this proposal and look forward to working with you. Respectfully submitted, NINYO & MOORE Michae�PG� Principal Geologist MER/Iva Attachments: Schedule of Fees Ninyo & Moore I Various Street Locations, Rosemead, Califomia I 04 -OMA I September 20, 2024 Professional Staff $ 190/hr Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist_ ...... ......... ......... ....__.._........ $ 210 Senior Engineer/Geologist/Environmental Scientist.......... .... ........ ... .. $ 200 Senior Project Engineer/Geologist/Environmental Scientist $ 195 Project Engineer/GeologisttEnAronmental Scientist ......... $ 185 Senior Staff Engineer/Geologist/EnAronmental Scientist..... $ 170 Staff Engineer/Geologist/Environmental Scientist ....... .......... .......... ... $ 155 GISAnalyst ............. .......... ...... ..... ...... ........ ......... ....... $ 130 Technical Illustrator/CADOperator _.... __. ....... _.._. ......... __. $ 110 Field Staff -....... ................ __.... $ 25/hr Certified Asbestos/Lead Technician .... _................ .... ........... .. $ 195 Field Operations Manager. ....._ ....._. ..... _. ..._. $ 130 Nondestructive Examination Technician (UT, MT LP).-- ......... ._. _.... $ 125 Supervisory Technician _- ...... ..._............._........... ._._._ __.... _.._. _...._... $ 120 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)..........._ _.._._.._.....___.__. $ 115 Senior Technician.......... ................... _. _._.. ...... _..._.. $ 110 Technician ....................... _.........._. .._.... ........_ __. ..__.... $ 110 Administrative Staff Information Specialist _ _........ .............. .... ...... .. _. ........ $ 90 GeotechnicaVEnvironmental/LaboratoryAssistant ........ ...... ........ ._.. .............. $ 95 DataProcessor. ..... ._.... ....... . ............. .. .... ... ........_.. ........... ............ , a 7s Concrete Coring Equipment (includes technician). $ 190/hr Anchor Load Test Equipment (includes technician) $ 190/hr GPR Equipment. .._ ._ $ 180/hr Inclinometer .._._. _._.. _.._...... $ 100/hr Hand Auger Equipment.. .... $ 80/hr Rebar Locator (Pachometer)........ .. .... ........ ......._._... .._.......__ $ 25/hr Vapor Emission Kit ....._.. __...... .................................... ................ ...__.... .._.................. $ 65/kit Nuclear Density Gauge. ..- _ ......._........... $ 12/hr X -Ray Fluorescence....... ..._.._ ..--............. .._............................ ............... .... ... - __....... $ 70/hr PID/FID....... .................. ... ........ ..... .............. ...... ..... ........ ... .........._... ...... -....... ................ __.... $ 25/hr Air Sampling Pump ..................... _ $ 10/hr FieldVehicle ............... .. .............. ............................... .............................__.. .... __._.........__... $ 15/hr ExpertWitness Testimony..._................._............................................................................__......__._.........._.. $ 450/hr DirectExpenses ......... .... ..... ................... ............................. ...... ......... ............. ..... ......._.........__.......... Cost plus 15% Special equipment charges will be provided upon request. Technicians and special inspectors, are charged at a 4 -hour minimum, and 8 -hour minimum for hours exceeding 4 hours. Overtime rates at 1.5 times the regular rates will be charged forwork performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays. Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable. The terms and conditions are included in Ninyo 8 Moore's Work Authorization and Agreement form. Ninyo 8 Moore I Various Street Locations, Rosemead, Califomia 104-M88A I September 20, 2024 CA14 Atterborg Limits, D4318, CT204 .._. _. _..._....$ California Bearing Ratio (CBR), D 1883 ...... ..............$ Chlodde and Sulfate Content CT 417 & CT422........._..........................$ Consolidation, D 2435, CT 219........ _........_.__........._. _..........__..........$ Consolidation, Hydro -Collapse only, D 2435.__...._ ... .............................E Consolidation - Time Rate, D 2435, CT 219 ...........................................E Direct Shear- Remolded, D 3080 _ __......$ Direct Shear - Undisturbed, D3080 $ Durability Index, CT 229......._ ..$ Expansion Index, D 4829, IBC 18-3.... __$ Expansion Potential (Method A), D 4546 __$ Geohabric Tensile and Elongation Test D 4632 _....$ Hydraulic Conductivity, D5084 ........................._._._..._.... _.....$ HydrorneterAnalysis, D 6913, CT 203 ............................. _$ Moisture, Ash, & Organic Matter of Peat/Organic Soils ..$ Moisture Only, D 2216, CT 226 _.,.,$ Moisture and Density, D 2937 _... _. _._..$ Permeability, CH, D 2434, CT 220 _..._._. _._.___........$ pH and Resistivity, CT643_.__ _...__.._.._.._........$ Procto Density D1557, D 698, CT 216, AASHTO T-180..._........__..$ Procter Density with Rods Correction D 1557. __...$ R -value, D 2844, CT 301 __..$ Sand Equivalent D 2419, CT 217. _...._.._. _...$ Sieve Analysis, D 6913, CT 202 _.. _.$ Sieve Analysis, 200 Wash, D 1140, CT 202.. $ Specific Gravity, D854..___. _..... __. _....$ Thermal Resistivity (ASTM 5334, IEEE 442) ..$ Triaxial Shear, CO, D 4767, T 297 _.. _.... _........$ Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt._ _.___...$ Triaxial Shea,C.U.,wloperepressure,D4767, T2297perpt... _..._.I Triaxial Shear, U.U., D 2850._.._........... __$ Unconfined Compression, D 2166, T 208.... _.......$ MASONRY $ Brick Absorption, 24-hour submersion, 5 -hr boiling, 7 -day, C 67 ......$ Brick Compression Test C 67 $ Brick Efflorescence, C 67. „$ Brick Modulus of Rupture, C 67. $ Brick Moisture as received, C 67 ..$ Brick Saturation Coefficient C 67 $ Concrete Block Compression Test 8x8xl6, C 140. ..$ Concrete Block Conformance Package, C 90.. _... _.$ Concrete Block Linear Shrinkage, C 426. _.. _....... $ Concrete Block Unit Weight and Absorption, C 140 $ Cores, Compression or Shear Bond, CA Code....... .....$ Masonry Grout 3x3x6 prism con pression, C 39 _.._....$ $ Masonry Mortar, 2x2 cube compression, C 109..._ .$ MasonryPrism, half size, compression, C 1019. $ Masonry Prism, Full size, compression, C 1019..._ _._..__,.$ _..... $ 2,000 REINFORCING AND STRUCTURAL STEEL 170 550 175 300 150 200 350 300 175 190 170 200 350 220 120 35 45 300 175 220 340 375 125 145 100 125 925 550 450 350 250 180 70 55 55 50 45 60 70 500 200 70 70 45 35 120 200 Chemical Analysis, A36,A615..._.._....._..I..__... _._.. $ 135 Fireproofing Density Test UBC 7s _._...... $ 90 Hardness Test, Rockwell, A 370._ _.___.. $ 80 High Strength Bolt Nut & Washer Conformance, $ 120 perassembly,A325 ._ _.$ 150 Mechaniraly Spliced Reinforcing Tensile Test,ACI $ 175 Prestress Strand (7 wire), A 416 . - $ 170 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706... _.$ 75 Structural Steel Tensile Test Up to 200,000 lbs., A 370......... $ 90 Welded Reinforcing Tensile Test Up to No. 11 bars, ACI $ 80 Compression Tests, 6x12 Cylinder, C 39..... _. $ 35 Concrete Mix Design Review, Job Spec $ 300 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI $ 850 Concrete Cores, Compression (excludes sampling), C 42 $ 120 Drying Shrinkage, C157_........._.....__.._......._. $ 400 Flexural Test C78.. ..__ _.....___. _.. _. $ 85 Flexural Test C 293._ ...$ 85 Flexural Test CT 523. $ 95 Gunile/Sholcrete,Panels, 3 cut cores per panel and test AC 1. _..._.$ 275 Lightweight Concrete Fill, Compression, C 495.. __....$ 80 Petrographic Analysis, C 856 _...... _.._......__. _..... $ 2,000 Restrained Expansion of Shrinkage Compensation __..$ 450 Splitting Tensile Strength, C 496 _......$ 100 3x6 Grout(CLSM), C 39 _... _._..$ 55 2x2x2 Non -Shrink Grout C 109 ....._.$ _. $ 55 ASPHALT Air Voids, T269.. .. _. _.._ _ _. __...$ 85 Asphalt Ma Design, Caltrans (incl. Aggregate Quality) _._. _.. $ 4,500 Asphalt Ma Design Review, Job Spec.. _.._.._..__..$ _._...$ 180 Dust Proportioning, CT LP -0 _ ... $ 85 Extraction, %Asphalt including Gradation, D2172, CT 382 $ 250 Extraction, %Asphalt without Gradation, D 2172, CT 382 $ 150 Film Shipping, CT 302. _... $ 140 Hveem Stability and Unit Weight D 1560, T 246, CT 366 _.. $ 225 Marshall Stability, Flaw and Unit Weight T 245_...__...__..... ..._.$ 240 Maximum Theoretical Unit Weight D 2041, CT 309.... $ 150 Moisture Content CT 370......_ _. _. _.._.. $ 95 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 $ 1,000 Slurry Wet Track Abrasion, D3910. _.... _. $ 150 Superyave, Asphalt Mix Verification (Incl. Aggregate Quality) $4,900 Superpave, Gyratory Unit WL, T 312......._ _.... _. $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 .. $1,000 _..$ Unit Weight sample or core, D2726, CT 308_. _...$ 100 Voids in Mineral Aggregate, (VMA) CT LP -2 _.... $ 90 Voids filled with Asphalt (VFA) CT LP,3 _. _. $ 90 Wax Density, D 1188 $ 140 AGGREGATES Gay Lumps and Friable Particles, C 142 ...... $ 180 Cleanness Value, CT 227 _..... $ 180 Crushed Particles, CT 205 _..._ $ 175 Durability, Coarse or Fine, CT 229........ ... $ 205 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .. $ 180 Flat and Elongated Particle, D 4791.. .. $ 220 Lightweight Particles, C 123....... _...$ 180 Los Angeles Abrasion, C 131 or C 535 _..... $ 200 Material Finer than No. 200 Sieve by Washing, C 117_.. $ 90 Organic Impurities, C 40 _.. _..__ _..$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 ........ $ 1,250 Potential Alkali Reactivity, Molar Bar Method, Fine, C 1260.__ ............... $ 950 Potential Reactivity of Aggregate (Chemical Method), C 289 ............... $ 475 Sand Equivalent T 176, CT 217. _. .....$ 125 Sieve Analysis, Coarse Aggregate T 27, C 136 __...$ 120 Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 _..$ 145 Sodium Sulfate Soundness, C 88 _._$ 450 Specific Gravity and Absorption, Coarse, C 127, CT 206.. __._ $ 115 Specific Gravity and Absorption, Fine, C 128, CT 207 $ 175 ROOFING Roofing Tile Absorption, (set of 5),C67..__._.._...._. _.. _._.....__. _._.__.$ 250 Roofing Tile Strength Test (set of5),C67 _..__....._. _._._.__. _. _.._.$ 250 Special preparation of standard test specimens will be charged at the technician's hourly rate. Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. Ninyo&Moore 12021 Laboratory Testing Order Street Name Cross Street Recommended Maint. Area (SF) Type 1 4121 Walnut Grove Ave. Valley Blvd. Localized R&R 10" 121 Depth 2 4151 Walnut Grove Ave. Valley Blvd. Localized R&R 10" (TWO ROAD SECTIONS) Depth 197 3 3737 Muscatel Ave. De Adalena St. Localized R&R 10" 88 Depth 4 3214 Burton Ave. Garvey Ave. Localized R&R 10" 364 Depth 5 3000 Bartlett Ave 100' North of Localized R&R 10" 72 Garvey Ave. Depth 6 8826 Ramona Blvd W/O Ivar Ave Localized R&R 30" 60 Depth 7 7661 Highcliff St, Del Mar Ave. Localized R&R 280 30" Depth SE corner of Trench Repair? 8 8324 Klingerman St Klingerman St Recommendations 98 at Angelus Ave Pending 9 Across from 1140 San East of Delta St Localized R&R 10" 1,805 Gabriel Blvd Depth Ninyo & Moore Page 14 of 19 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is Ninyo & Moore Page 15 of 19 determined, not requiring actual payment by the insured first. There shall be no cross - liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend the Named Insured. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size Vll. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 (or otherwise consistent with the insurer's endorsement). Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. Ninyo & Moore Page 16 of 19 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. A ten (10) day notice to City shall apply to nonpayment of premiums. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage (except Professional Liability and Workers' Compensation) required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. Ninyo & Moore Page 17 of 19 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any parry hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this Ninyo & Moore Page 18 of 19 obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Ninyo & Moore Page 19 of 19 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. AC ROe CERTIFICATE OF LIABILITY INSURANCE DATE(913r0/202a 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 WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt Diablo Blvd Suite 230 Lafayette CA 94549 LkanaeR: 6(1 3745 NAME: Jennifer Aguirre PHONE . 5t0-465-3090 FAX No' EDADDRESS, Desig nProCerts®.AssuredParmers.com INSURER(S) AFFORDING COVERAGE MAIC# INSURER A: Travelers Property Casualty Com an of America 25674 INSURED NINY&MO411 Ninyo & Moore Geotechnical & Environmental Sciences Consultants 475 Goddard, Suite 200 Irvine CA 92618 INsuRER e: Pacific Insurance Company, Limited 10046 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES 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. CTR TYPE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE POLICY NUMBER F MWDDffyyy) POLICY EXP imW00NMI LIMITS A X COMMERCKLGENERALLABILRY Y Y 6306986R247 10/32024 10/3/2025 EACH OCCURRENCE 51,000,000 $1,000,000 CWMS-MADE I I OCCUR -PREMISES(E..maripal MED EXP (Arty ore Parson) S10,000 X Conitamal Liab X OCP/XCU PERSONAL ADV INJURY 51.000,000 GEN-LAGGREGATELIMIT APPLIES PER: GENERALAGGREGATE S2,000,000 PRODUCTS-COMP/OP AGG $2.000,000 POLICYO PELT LOC $ OTHER: A AOMONLEL"LRY I Y Y 8107NO33091 10/32024 10/3/2025 COMBINED SINGLE LIMIT Ea ec51,000,000 i dent BODILY INJURY (Par person) $ ANY AUTO BODILY INJURY (Per accident) 5 OWNED SCHEDULED AUTOS ONLY AUTOS IX X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY Po PEanDAMAGE 5 ti 5 A X UMBRELLALue X OCCUR Y Y CUP91428127 10/32024 10/32025 EACH OCCURRENCE 510,000,000 AGGREGATE $10,000,000 EXCESS LIAR CLAIMS -MADE DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOWPARTNERJEXECIITNE OFFICERAIEMBEREXCLUDED4 (Mandatary M NH) NIA Y Ua6P428399 5112024 5112025 X I STATUTE ERN E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -PODGY LIMIT E1,000,000 If ff. deaalba unlM DESCRIPTION OF OPERATIONS W. B Professional Lab. A Coraraaars Poiluaan Jab. Y Y Y 720HOS8190524 10/32024 10/32025 Per Claim 5,000,000 AmuM ANI"al. 5,000,000 CMIms-Made DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AdbitlerMl RamAd4 9cMdule, may b maeMa H mon alMee is naui� Umbrella Liability policy is a follow -form to underlying General Liability/Auto Liability/Employers Liability. RE: Al Operations of the Named Insured – Clty of Rosemead, its officials, employees and agents are named as Additional Insured on General Llability and Auto Liability, per policy forms, with respect to by written contract. the operations of the Named Insured as required Insurance Coverage includes waiver of subrogation per attached. ULK 1 IrlGA I e T1ULUO11% SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Rosemead Attn: Daniel Nguyen 8838 East Valley Boulevard Rosemead, CA 91770 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Q,M-„at..., a( -r— nnnv A^^RD CORP 1DATNIM All dnh5w rnsnrvnd_ ACORD 25 (2015/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6308986R247 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 9/30/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products - completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products -completed opera- tions hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER 6308986R247 COMMERCIAL GENERAL LIABILITY ISSUED DATE: 9/30/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract, on this Coverage Part, provided that such written contract was signed and executed by you before, and is in effect when the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which an applicable written contract with the described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section 11— Who Is An Insured is amended to in- clude as an additional insured the person(s) or organizabon(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury' or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment fumished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 6103 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy # SM98ere247 COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid Its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit Contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 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 d. Primary And Non -Contributory Insurance If laws or regulations. Required By Written Contract -->7, Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or "suit" is brought (1) The "bodily injury' or "property damage" for 8• Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising Injury' for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights agreement by you. to us and help us enforce them. 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 period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bol. If the sum of the advance and audit premium 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: 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing writ be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ® 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance. Services Cffice, Inc. with its permission. Policy # WMMR247 occupational therapist or occupational therapy assistant, physical therapist or speech-language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION 111 — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of _> pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS— INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the signing of that contract or agreement. CG D3 79 02 19 ® 2017 The Travelers indemnity Company. All rights reserved. Page 5 of 6 includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: 8107NO33091 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not appy to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, dudes, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 1 SOth day after you acquire or forth the or- ganization or the end of the policy period, which- ever is earlier. The following is added to Paragraph c in A.1., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section IL C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COW ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 53 02 15 02015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes coMighted material of lnsumr Smvloes Office. Inc. with Its Permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to arty claim made or "suit' related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America. Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (1) You must arrange to defend the "in - D. EMPLOYEES AS INSURED sured" against. and investigate or set- fle any such claim or "suit and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- u s An Insured, of SECTION 11— COVERED AUTOS tions. LIABILITY COVERAGE: Any "employee" of yours is an *insured" while us- (11) Neither you nor any other involved ing a covered "auto" you don't own, hire or borrow insured will make any settlement in your business or your personal affairs. without our consent. E. SUPPLEMENTARY PAYMENTS —INCREASED (111) We may, at our discretion, participate in defending the 'insured' against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2). "suir. of SECTION II — COVERED AUTOS LIABIL- (iv) will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must sums (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in - we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para - 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II —COVERED AUTOS LIABIL- SECTION 11 — COVERED AUTOS LIABILITY COVERAGE. ITY COVERAGE: (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred f loss of earnings up to $500 a day be with our consent for your investiga- cause time off from work tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit', but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and riot in TIONS: addition to such limit. Our duty to make such payments ends when we Anywhere in the world, except a country or (5) Ytr any have used up the applicable limit of jurisdiction while any trade sanction, em- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid Within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees', country outside the United States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada, members of their households. Page 2 of 4 O 2015 The Travelers Indemnity company. All rights reserved. CA T3 53 02 15 Includes copyrighted matedN of Insurance Services Was, Inc. with Its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered 'auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with compulsory insurance requirements will No deductibles apply to this Personal Property not invalidate the coverage afforded by coverage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you compiled with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in - United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A 1.b. and A1.c., but ada. We assume no responsibility for the only: fumishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war - G. WAIVER OF DEDUCTIBLE — GLASS ranty; and The following is added to Paragraph D.. Deducli- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one "loss". No deductible for a covered "auto' will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The dowing is added Paragraph A2 a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV —BUSINESSS AUTO CONDITIONS:: USE — INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or 'loss" ap- graph A4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION 111— PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner (if you are a partnership); $750 for any one "accident". (e) A member (if you are a limned liability com- I. PHYSICAL DAMAGE — TRANSPORTATION party); EXPENSES — INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or - graph A4.a., Transportation Expenses, of ganization); or SECTION 111 — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no - AGE: tice of the "accident" or "loss". We will pay up to $50 per day to a maximum of011 IN $1,500 for temporary transportation expense in- The following replaces Paragraph AS., Transfer cured by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us. ered 'auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have against any person or organization to the ex- Personal Property tent required of you by a written contract We will pay up to $400 for "loss' to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or'loss", provided that the "accident" or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 0215 02015 The Travelers rndemngy caroero. AU rights reserved. Page 3 of 4 rnciudea copYrrghted matedai or imurarrae Services Ohre. Inc. with he pemriesion. COMMERCIAL AUTO such contract The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How - N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The following is added to Paragraph B.Z.. Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 02015 The Travelers Indemnity Comps ny. NI rphb reserved. CA T3 53 0215 Includes copyrighted matedei of Inwrsnce Services Office. Inc. With its perrnisaton. POLICY NUMBER: 8107NO33091 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.S., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part S. Other Insurance, this Insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is a named insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non- contributory. CA T4"0216 02016 The Trawlers Indemnity. compem. Ali rights reserved. Page 1 of 1 includes copyrighted material of Insursno SwAm OrtNa. Inc. with ifs penNssim. TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) — POLICY NUMBER: UB6P428399 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description Any Person or organization for which the insured has agreed by written contract executed prior to loss to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent topreparationof the policy.) (.J Insurance Company Countersigned by Travelers Property Casualty Company of America DATE OF ISSUE: 9/30/2024 Page 1 of 1