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HydroScience Engineers - 2014 Agreement - Amendment No. 3,h+ AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND HYDROSCIENCE ENGINEERS, INC. FOR THE FIRST STREET WATER AND STORM DRAIN UTILITY IMPROVEMENTS PROJECT PROJECT NO. 16 -PW -217 PURCHASE ORDER NO. 140764 DATED MARCH 10, 2014 AMENDMENT NO.3 This Amendment shall become effective when it has been signed by the City Administrator, Project Manager, and Consultant. All copies forwarded to Consultant for signature shall be returned to the City of Gilroy properly filled out. Upon acceptance by the City, the Consultant's copy will be returned - as authority to proceed with the work. This amendment is for additional traffic control plan preparation services for the First Street Water Utility Improvements that were not part of original scope such as attending construction meetings, review of traffic control issues during construction, responding to Contractor RFIs on TCP, preparation of additional traffic control measures that may be requested by the City and /or Caltrans. in an amount not to exceed $40,634. All requirements of the original Agreement Documents shall apply to the above work except as specifically modified by this Amendment. The contract time shall not extend unless expressly provided for in this Amendment. HYDROSCIENCE ENGINEERS, Inc. hereby agrees to perform the above work subject to the terms of this Amendment for additional design and permitting services. Consultant: HydroScience E ineers, Inc. By M46 Hoang, PE P ncipal Engin Date f - `f ACCEPTED: %46w; Project Manager i00V)Ci Si Katy- '( Date Department Hea& 1 'Iru" o % Date ity Administrator Date HydroScience Strategic Water Solutions HydroScience Engineers, Inc. 10569 Old Placerville Road August 29, 2017 Sacramento, CA 95827 T 916.364.1490 Christine Salmo F 916.364.1491 Public Works City of Gilroy 613 Old Gilroy Road Gilroy, CA 95020 Subject: First Street Water & Storm Utility Project per Agreement Date March 10, 2014 - Engineering Services Amendment Request #3 Dear Christine, HydroScience Engineers (HydroScience) is under contract to provide design, bidding support, and engineering services during construction for the subject project. The purpose of this letter is to request an amendment to our agreement to cover additional requested services. Amendment No. 1 was submitted in September 2016 to address subsequent Caltrans EP application comments. Caltrans requested the development of a Traffic Control Plan (TCP) for work within First Street (SR 152) in Gilroy, California. -The City requested this work be performed by Mott MacDonald (MM). Amendment Request No. 3 - Scope of Work MM prepared the attached amendment request based on discussions with the City. For Amendment No. 1's scope, MM estimated developing 20 traffic control measure sheets, most of which would be "typical" TCP for different locations along First Street. During development of the TCP, MM realized that the proposed utility improvements would have more impacts to traffic, and therefore, needed more TCP phases. Amendment No. 3 scope of work includes: Development of 25 additional sheets (total of 45 TCP sheets) o Additional 24 sheets are needed to address the different TCP phases and multiple speed limits along First Street. o Per City's request, one additional sheet is needed for utility improvements (designed by others) near Monterey Rd and Casey Lane. Engineering services during construction for MM per City's request. The Contractor will develop their TCP based on the final TCP prepared by MM, which will be included in the First Street' project's encroachment permit application (per Caltrans requirements in July 29, 2016, comment letter). Traffic control engineering services during construction includes the following, as needed: o Attending construction meetings o Review of traffic control issues during construction o Responding to Contractor RFls on TCP o Preparation of additional traffic control measures that may be requested by the City and /or Caltrans. Please see attached letter from MM for the additional clarifications on Amendment No. 3 scope of work. www.hydroscience.com City of Gilroy First Street Water and Storm Drain Utility Improvements Engineering Services Amendment Request #3 — Additional Traffic Control Plans August 29, 2017 Page 2 Amendment Request No. 3 - Budget Our amendment request is summarized in Table 1 below based on MM amendment request attached. Table 1: Amendment Request Task HSE HSE Fee Sub- Markup •. , 203 Traffic Control — Mott MacDonald 0 $0 $36,940 $3,694 Total $40,634 SUB -TOTAL 0 $0 $36,940 $3,694 $40,634 TOTAL REQUESTED AMENDMENT No. 3 Budget $40,634 Approved Original Contract Amount $194,841 Approved Amendment No. 1 $110,420 Approved Amendment No. 2 $159,655 Amendment No. 3 Requested Budget $40,634 CONTRACT + AMENDMENTS 1, 2, and 3 $505,550 HydroScience appreciates the opportunity to complete this project for the City, and we appreciate your consideration of this amendment request. If you have any questions, please contact Ligaya Kohagura at Ikohagura(a-)hydroscience.com or at 916 - 364 -1490 ext. 139 Sincerely yours, HYDROSCIENCE ENGINEERS )g7�' Mary Hoang, PE Principal HydroScience4 M MOTT M MACDONALD August 29, 2017 Ligaya Kohagura HydroScience Engineers, Inc 10569 Old Placerville Road Sacramento, CA 95827 1300 -B First Street Gilroy, CA 95020 T 408 - 848 -3122 www.mottmac.com /americas RE: Traffic Control Plans for Water and Storm Drain Utility Improvements on First St, Gilroy, CA Request for Additional Compensation for Preparation of Additional Traffic Control Plans Dear Ligaya, During our development of the original proposal to prepare traffic control plans (TCP) for this project, we estimated that we would need to produce 20 traffic control measure sheets. As part of the first set of plans, we have prepared 44 traffic control measures (45 total sheets), which is more than double what we expected. Following is a brief explanation of why so many more traffic control measures were necessary than what was originally expected: During the preparation of our proposal, we took a look at the improvement plans and brainstormed on how many phases we would need to cover the construction from end to end of the project. We made some high -level assumptions as to how many phases would be needed for each intersection. And based on prior experience with other similar projects, we made an assumption that we would probably create many traffic control measures that we could then use as "typical" for many phases at different locations, thereby reducing the total amount of traffic control plans needed. Once we actually worked on the TCP's, we found that the improvements at the intersections had more impacts to traffic than we first anticipated, so the improvements had to be broken up into more phases, which resulted in more traffic control plans. As far as using "typical" traffic control measures for different locations, we were only able to do this for a very limited amount of locations, much less than what we anticipated, which also resulted in more traffic control plans. The other reason why we were not able to use "typical" traffic control measures as much as we hoped is because there are multiple speed limits along 11t Street, and the speed limit varies per direction. Since the vehicular tapers need to be designed based on speed, we have less opportunity to use a "typical" traffic control measure for different locations. As I have done for other similar projects in the past, my objective was to develop as many "typical" traffic control measures throughout the project. Because the 1st Street cross - section changes so much from Santa Teresa Blvd to Monterey Rd, because the proposed water line changes location along the street, because the geometrics are so different at each intersection, and because the speed limit varies by segment and direction along 1st Street, we had to create many more traffic control plans than what was original anticipated. 16-GU Amendment 2 -Rev2 docx M MOTT M MACDONALD As would be expected, we are significantly over - budget on this project due to the preparation of the additional sheets. I have discussed this issue with Christine Salmo (City of Gilroy), and she concurs that the original contract budget is not sufficient to cover the preparation of the 45 sheets. Therefore, I am preparing this request for additional compensation to cover the preparation of the additional sheets. As was the case for the original proposal, Mott MacDonald will not be responsible for any signal modifications based on our proposed traffic control measures. Should the City of Gilroy (City) or Caltrans require any temporary signal modifications, a separate proposal will be prepared for this additional task. The tasks associated with the original proposal are essentially the same as the original proposal. Per the City's request, we have added a construction support services task, as well as preparation of traffic control plans for utility improvements at the Monterey Rd / Casey Lane intersection. The construction support services task will cover items like; attendance at construction meetings, review of traffic control issues during construction, respond to Contractor RFI's, preparation of additional traffic control measures that may be'requested by the City and /or Caltrans, etc. Attached is the spreadsheet showing a breakdown of the hours being requested to cover the work for the additional TCP sheets as well as the construction support services. NOT INCLUDED Not included in the Scope of Services is the collection of any topographic survey or traffic counts, any traffic analysis, the preparation of an engineer's estimate of probable cost for the implementation of the traffic control measures, the preparation of project specifications/ special provisions, the design of any traffic signal improvements, any additional services not specifically identified in this proposal, or the preparation of more sets of preliminary or final traffic control plans beyond what is specifically, described in this proposal. Any work required in addition to that described under the Scope of Services will be considered extra work, including but not limited to design changes requiring significant redesign work, attendance at project meetings, the preparation of additional traffic control plans or detour plans, or any other task not specifically included in this proposal. Receipt of written authorization for any additional work required beyond our Scope of Services will be required prior to performing any additional work beyond what is specifically described in this proposal. BUDGET The Not -to- Exceed Fee for this contract amendment is $36,940 for the additional traffic control plans 16 -GU Amendment 2- Rev2.docx M MOTT M MACDONALD and construction support services. A detailed breakdown of the individual costs associated with each task is included as Attachment A. TERMS OF AGREEMENT The terms and conditions for the original contract will continue to apply for this contract amendment. If the scope of work, fee, and terms of payment are acceptable, please send us a contract amendment form for signature. We appreciate having the opportunity to assist you with this project. If you have any questions regarding the contents of this request or need additional information, please do not hesitate to contact me at your convenience. Respectfully submitted, Leo Trujillo, PE, TE Principal Engineer T 408.848.5263 F 408.848.2202 leo.trujillo @mottmac.com 16 -GU Amendment 2- Rev2.docx ATTACHMENT A 1st Street Water and Storm Drain Improvements Traffic Control Plan - Request for Additional Compensation Gilroy, California Fee Estimate Submitted by Mott MacDonald July 26, 2017 Project Tasks Personnel and Hourly Billing Rates Total Hours Total Fee Project Manager 240 Proejct Engineer 191 Engineer II 107 Admin Assistant 93 1 General Coordination /Project Management 4 4 $960 1 Prepare Base Map a. Modify Base Map to MM standards No Additional Cost b. Draw Ex. Striping Using Google Imagery No Additional Cost 2 Prepare Preliminary (60 %) TCP (24 Measures) 8 20 70 98 $13,230 3 Prepare Draft (90 %) TCP 6 10 24 40 $5,918 4 Prepare Final (100 %) TCP 3 6 16 25 $3,578 S Prepare Draft & Final TCP at Monterey /Casey 3 8 12 23 $3,532 6 Construction Support Services 24 16 1 8 1 48 $9,672 LABOR SUBTOTAL 48 60 130 0 238 $36,890 Travel (including mileage) $0 Printing (including shipping costs) $50 TOTAL: $36,940 Notes: 1. This fee estimate is based on hourly rates,effective until December 2017. 16 -GU Amendment 2- Revl.xlsx ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE(NBNDDIYYY 7 PRODUCER KRAFT INSURANCE BROKERAGE 2040 Shasta Street, Ste C Redding, CA 96001 (S30)605-4780 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NA1C# INSURED Hydroscience Engineers, Inc. 10569 Old Placerville Road Sacramento, CA 95827 INSURER A " —*'QP=ty Cesoalty empmy of w®dw 25674 INSURER B American Fire 6 Casualty Company 24066 INSURER C Continental Casualty Company 20443 INSURER D E 1 OQ0.000 INSURER E $ 1 OOO 0 O ��t Kn w n cc v 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR City of Gilroy Public Works Department TYPE OF INSURANCE POLICY NUMBER PALICYME6DCTIVE DATEYMWDID gI LIMITS GENERAL LIABILITY EACH OCCURRENCE E 1 OQ0.000 PREMISES Eaxalrenee $ 1 OOO 0 O X COMMERCIAL GENERAL LIABILITY MEDEXP(" one pereon) $ 5,000 CLAENSMADE Fx_] OCCUR PERSONAL& ADV INJURY $ _1.000.000 A Y 6805H5589741647 12/18/16 12/18/17 GENERAL AGGREGATE $ 2.000.000, GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY PROT LOC _AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Eaawdern) $ 1,000,000 BODILY INJURY txaon (Par P) $ X ALL OWNED AUTOS SCHEDULED AUTOS BODILYINJURY (Peremderlt) $ B Y X HIRED AUTOS X NON -OWNEDAUTOS BAA(18)56353680 2/9/17 2/9/18 PROPERTY DAMAGE (Pera=dent) S GARAGE LIABILITY AUTO ONLY - EAACCIDENT S OTHERTHAN EAACC AUTOONLY AGG S ANYAUTO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 4,000,000 AGGREGATE $ X OCCUR 7 CLAIMS MADE $ CUP4536T31A 12/18/16 12/18/17 $ A DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATIONAND X TORYLIMIT E EL EACH ACCIDENT $ 1,000,000 EMPLOYERS' LIABILITY XJUB4231T09A17 3/1/17 3/1/18 A OFFICEWMEMBER EXCLUDED U7IVE E L DISEASE - EA EMPLOYE S 1 Q 0 Q - Q Q 0 EL DISEASE - POLICY LIMIT $ 1,000,000 Ifyyees, desedbewWer SPECIAL PROVISIONS below OTHER *5,000,000 per claim C Professional AEH288365407 12/18/16 12/18/17 $5,000,000 aggregate Liability 1$25,000 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Project: Engineering for 1st Street Water Main Replacement The City of Gilroy and its officials, officers, agents and employees are included as additional insureds for general & auto liability for the coverages afforded herein. Coverage is primary with waiver of subrogation. NGn'rICIf -ATG Une nee I CANCFI I AnnN ACORD25(2001108) "00 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Gilroy Public Works Department DATE THEREOF, THE ISSUING INSURER WILL) TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 613 Old Gilroy, Gilroy Street CA 95020 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD25(2001108) "00 POLICY NUMBER: 680- SH558974 -16 -47 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 10/19/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSONS OR ORGANIZATIONS: CITY OF GILROY PROJECTILOCATION OF COVERED OPERATIONS: ENGINEERING FOR 1ST STREET CRATER MAIN REPLACEMENT PROVISIONS 1. The following is added to SECTION II — WHO IS AN INSURED: The person or organization shown in the Schedule above is an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury': and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work' to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured. c. With respect to the independent acts or omissions of such person or organization: or d. For "bodily injury". "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply to the ,rendering of or failure to render any "professional services ". f. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance ". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. g. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide` such coverage for that additional insured, and then the insurance provided to that additional insured applies only to such "bodily injury" or "property damage" that occurs before' the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. CG D3 82 0915 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc.. with its permission COMMERCIAL GENERAL LIABILITY 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured shown in the Schedule above is excess over any valid and collectible other insurance, whether primary, excess. contingent or on any other basis. that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non - contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance ". But this insurance provided to the additional Insured still is excess over valid and collectible other Insurance, whether primary, excess. contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. 3. The following is added to Paragraph 8.. Transfer Of Rights Of Recovery Against Others To Us. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract with the person or organizations shown in the Schedule above, under which you are required to include that person or organization as an additional insured on this Coverage Part, provided that the "bodily Injury" and "property damage" occurs and the "personal Injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company All rights reserved CG D3 82 09 15 Includes the copyrighted material of Insurance Services Office, Inc , with ds permission TRAVELERS WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 99 03 76 ( A) — 001 POLICY NUMBER: (XJUB -4231 TO9 -A -17 ) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS E_ NDORSEMENT - 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 03.00 % of the California workers' compensation pre- mium Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No Endorsement No. Insured I Premium Insurance Company Countersigned by DATE OF ISSUE: 01 -09 -17 ST ASSIGN: Page 1 of 1 s a R Policy No. BAA (18) 56353680 CA 00 0103 06 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and 'our' refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows the "autos* that are covered "autos" for each of your cov- erages. The following numerical symbols de- scribe the "autos" that may be covered *autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos ". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto' 2 Owned Only those "autos' you own (and for Liability Coverage any 'trailers' "Autos" you don't own while attached to power units you own.) This includes Only those 'autos" you acquire ownership of after the policy begins. 3 Owned Only the private passenger 'autos" you own. This includes those private Private passenger 'autos' you acquire ownership of after the policy begins. Passenger °Autos° Only 4 Owned Only those °autos" you own that are not of the private passenger type "Autos" Other (and for liability Coverage any °trailers" you don't own while attached Than Private to power units you own). This includes those "autos" not of the Passenger private passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned Only those "autos' you own that are required to have No -Fault benefits "Autos" in the state where they are licensed or principally garaged. This Subject includes those "autos" you acquire ownership of after the policy begins To No-Fault provided they are required to have No-Fault benefits in the state where they are licensed or Principal araged. 6 Owned Only those "autos" you own that because of the law in the state where "Autos' they are licensed or principally garaged are required to have and Subject cannot reject Uninsured Motorists Coverage. This Includes those To A °autos" you acquire ownership of after the policy begins provided Compulsory they are subject to the same state uninsured motorists requirement. Uninsured Motorists Law 7 Specifically Only those 'autos" described in Item Three of Declarations for which Described a premium charge is shown (and for Liability Coverage any "trailers" " u own while attached to n er unit described in t 8 Hired "Autos" Only those "autos' you lease, hire, rent or borrow. This does not include Only any "auto" you lease, hire, rent, or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. CA 00 01 03 06 ®ISO Properties, Inc., 2005 Page 1 of 13 s o Q Q 0 Symbol Description Of Covered Auto Desl nation Symbols 9 Non -Owned Only those "autos" you do not own, lease, hire, rent or borrow that "Autos" are used in connection with your business. This includes "autos" owned Only by your "employees ", partners (it you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or vour oersonal affairs. 19 Mobile Equip- Only those "autos" that are land vehicles and that would quality under the ment Subject definition of "mobile equipment" under this policy if they were not To Compul- subject to a compulsory or financial responsibility law or other sory Or motor vehicle insurance law where they are licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. C. g a Owned Autos You Acquire After The Policy Begins 1. If symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in ITEM TWO of the Declarations, then you have cov- erage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if symbol 7 is entered next to a coverage in ITEM TWO of the Declara- tions, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or It re- places an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. Certain Trailers, Mobile Equipment And Tem- porary Substitute Autos If Liability Coverage is provided by this Cov- erage Form, the following types of vehicles are also covered "autos" for Liability Cov- erage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto." 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; CA 00 01 03 06 d. "Loss "; or e. Destruction SECTION II - LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of, "bodily Injury" or "property damage" to which this Insurance applies, caused by an "accident" and resulting from the ownership, mainten- ance or use of a covered "auto." We will also pay all sums an "insured" le- gally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of cov- ered " aulos " However, we will only pay for the "covered pollution cost or expense" If there is either "bodily injury" or "property damage" to which this insurance applies that Is caused by the same "accident." We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or ex- pense". However, we have no duty to defend any "insured" against a "suit" seeking dam- ages for "bodily injury" or "property dam- age" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "Insureds ": a. You for any covered "auto." b. Anyone else while using with your permission a covered "auto" you own, hire or borrow, except: ©ISO Properties, Inc., 2005 Page 2 of 13 Policy No. BAA (18) 56353680 (1) The owner or anyone else from whom you hire or borrow a cov- ered "auto ". This exception does not apply if the covered "auto" is a "trader" connected to a cov- ered "auto" you own. (2) Your "employee" If the covered "auto" is owned by that "em- ployee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is work- ing in a business of selling, ser- vicing, repairing, parking or storing "autos" unless that busi- ness is yours. (4) Anyone other than your "em- ployees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees ", while moving property to or from a covered "auto ". (5) A partner (if you are a partner- ship), or a member (if you are a limited liability company), for a covered "auto" owned by him or her or a member of his or her household c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments. We will pay for the "insured ": (1) All expenses we Incur. (2) Up to $2,000 for cost of bail bonds (including bonds for re- lated traffic law violations) re- quired because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release at- tachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5) All costs taxed against the "in- sured" in any "suit" against the .insured' we defend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that Is within our Limit of Insur- ance. These payments will not reduce the Limit of Insurance. b. Out of State Coverage Extensions. While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Liability Coverage to meet the limits specified by a compul- sory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no-fault, required of out - of -state vehicles by the jurisdic- tion where the covered "auto" is being used. We will not pay ,anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the "insured ". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to li- ability for damages: a. Assumed in a contract or agreement that Is an "insured • contract' pro- vided the "bodily injury" or "prop- erty damage" occurs subsequent to the execution of the contract or agreement; or CA 00 01 03 06 mISO Properties, Inc., 2005 Page 3 of 13 Policy No. BAA (18) 56353680 5. Other Insurance b. If this policy is ,issued for more than a. For any covered "auto" you own, one year, the premium for this Cov- this Coverage Form provides nD •mary erage Form will be computed annu- insurance. For any covered "auto' ally based on our rates or premiums you don't own, the insurance pro- effect at the beginning of each y vided by this Coverage Form is ex- ear of the policy. cess over any other collectible 7. Policy Period, Coverage Territory insurance. However, while a covered Under this Coverage Form, we cover 'ac- .auto" which is a 'trailer' is con- cidents° and *losses" occurring: nected to another vehicle, the Uabil- Ity Coverage this Coverage Form a. During the policy period shown in provides for the °trailers is: the Declarations; and (1) Excess while it is connected to a b. Within the coverage territory. motor vehicle you do not own. The coverage territory is: (2) Primary while it is connected to a. The United States of America; a covered "auto" you own b. The territories and possessions of Q b. For Hired Auto Physical Damage the United States of America; z= Coverage, any covered "auto" you c. Puerto Rico; lease, hire, rent or borrow is deemed to be a covered "auto' you own. d. Canada; and However, any "auto" that is leased, e. Anywhere in the world if: hired, rented or borrowed with a driver is not a covered 'auto". (1) A covered °auto° of the private passenger type is leased, hired, c. Regardless of the provisions of Para- rented or borrowed without a graph a. above, this Coverage Form's driver for a period of 30 days or Liability Coverage is primary for any less; and � liability assumed under an °insured � contract °. (2) The °insured's° responsibility to Pay damages is determined in a • a Form and d. When this Covers any Y suit on the merits, in the Unit - other Coverage Form or policy cov- ed States of America, the ter - ers on the same basis, either excess ritories and possessions of the or primary, we will pay only our United States of America. Puerto share. Our share is the proportion Rico, or Canada or in a settle - that the Limit of Insurance of our ment we agree to. Coverage Form bears to the total of the limits of all the Coverage Forms We also cover *loss" to, or "accidents" and policies covering on the same involving, a covered "auto' while being basis. transported between any of these places. 6. Premium Audit S. Two Or More Coverage Forms Or Poli- cies Issued By Us 8 a. The estimated premium for this Cov- If this Coverage Form and any other Cov- erage Form is based on the expo- sures you told us you would have erage Form or policy issued to you by us when this policy began. We will or any company affiliated with us apply compute the final premium due to the same "accident", the aggregate when we determine your actual ex- maximum Limit of Insurance under all posures. The estimated total premi- the Coverage Forms or policies shall not um will be credited against the final exceed the highest appllcable Limit of premium due and the first Named Insurance under any one Coverage Form Insured will be billed for the balance, or policy. This condition does not apply If any. If the estimated total premium to any Coverage Form or policy issued exceeds the final premium due, the by us or an affiliated company specifi- first Named Insured will get a re- cally to apply as excess insurance over fund. this Coverage Form. CA 00 01 03 06 ®ISO Properties, Inc., 2005 Page 10 of 13 s Policy No. BAA (18) 56353680 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT ACCIDENTAL AIRBAG DEPLOYMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLATION CONDITION EXTRA EXPENSE - BROADENED COVERAGE GLASS REPAIR - WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) HIRED AUTO COVERAGE TERRITORY LOAN / LEASE GAP PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTSCOVERAGE PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWING AND LABOR TWO OR MORE DEDUCTIBLES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II - LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED PROVISION NUMBER 3 12 19 5 13 1 22 2 23 10 15 6 20 14 16 11 8 9 4 7 17 18 20 SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured' does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specUically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self- insured retention plan available to that organization; O 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 Policy No. BAA (18) 56353680 m 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office. Inc., with'its permission. Page 2 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury' or 'property damage' that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee ". >� g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that 'employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee ". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.I. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental, or public authority to this policy as an "insured ". However, such person or organization is an "insured ": (1) Only with respect to the operation, maintenance or use of a covered "auto "; (2) Only for "bodily Injury" or "property damage" caused by an "accident" which takes Ir place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract. agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. S. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following B provision is added: SECTION II - LIABILITY, exclusion B.S. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired 'autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or m 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office. Inc., with'its permission. Page 2 of 7 Policy No. BAA (18) 56353680 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.S., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss ", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, paragraph 8.7., Policy Period, Coverage Territory, is amended by the addition of the following: I. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the Insured's responsibility to pay for damages is determined in a 'suit, on the merits, In the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V - DEFINITIONS Is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V - DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. O 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7