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HomeMy WebLinkAboutJoes Paving Company Inc; 2026-02-24; PWM26-3992UTILPWM26-3992UTIL MAERKLE RESERVOIR PAVEMENT REPAIRS CONT. NO. 50241 Page 1 General Counsel Approved 6/5/24 CARLSBAD MUNICIPAL WATER DISTRICT MINOR PUBLIC WORKS CONTRACT MAERKLE RESERVOIR PAVEMENT REPAIRS; CONT. NO. 50241 This contract is made on the _____________ day of _________________________, 2026 (“Contract”), by the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, California, hereinafter referred to as “CMWD” and Joes Paving Company, Inc., a California corporation whose principal place of business is 28404 Lizard Rocks Road, Valley Center, CA, 92082 (“Contractor”). CMWD and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called “Project”). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Daniel Zimny (CMWD Project Manager). PAYMENT. CMWD shall withhold retention as required by Public Contract Code Section 9203. PREVAILING WAGE RATES. Any construction, alteration, demolition, repair, installation, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Contract constitute “public works” under California Labor Code Section 1720 et seq., and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Sections 1770, 1773 and 1773.1 of the California Labor Code. Consistent with the requirement of Section 1773.2 of the California Labor code, a current copy of applicable wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Contract. Contractor and any subcontractors shall comply with Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 24th February Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 PWM26-3992UTIL Section 1776 of the California Labor Code, which requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Labor Code Section 1776. DIR REGISTRATION. California Labor Code Section 1725.5 requires the Contractor and any subcontractor or subconsultant performing any public work under this Contract to be currently registered with the California Department of Industrial Relations ('DIR'), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Contract, Contractor must furnish CMWD with the subcontractor or subconsultant's current DIR registration number. CALIFORNIA AIR RESOURCE BOARD (CARB) ADVANCED CLEAN FLEETS REGULATION. Contractor's vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https:ljww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CALIFORNIA AIR RESOURCES BOARD (CARB) IN-USE OFF-ROAD DIESEL FUELED FLEETS REGULATION. Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. More information about the requirements and Contractor's required certification is provided in Exhibit C. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner's Procore {www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Proco re user account(s) and utilize web-based training/ tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Proco re and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFls, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and MAERKLE RESERVOIR PAVEMENT REPAIRS CONT. NO. 50241 Page 2 General Counsel Approved 6/5/24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 PWM26-3992UTIL productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to CMWD must be asserted as part of the contract process as set forth in this Contract and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for CMWD to disqualify the Contractor or subcontractor from parti in cl/idding. Signature: _A-,_,-+---H'---t,,,__+r------- Print Name: Sean R. Repko __________ _ REQUIRED INSURANCE. The successful contractor shall provide to CMWD, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to CMWD prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Property damage insurance in an amount of not less than ........ $2,000,000 Automobile Liability Insurance in the amount of $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. MAERKLE RESERVOIR PAVEMENT REPAIRS CONT. NO. 50241 Page 3 General Counsel Approved 6/5/24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 PWM26-3992UTIL The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to CMWD prior to such cancellation. The policies shall name CMWD as an additional insured. The full limits available to the named insured shall also be available and applicable to CMWD as an additional insured. WORKERS COMPENSATION AND EMPLOYER'S LIABILITY. Worker's Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. Contractor agrees to defend (with counsel approved by CMWD), indemnify, and hold harmless CMWD, the City of Carlsbad, and its officers, elected and appointed officials, employees and volunteers from and against all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of CMWD. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. THIRD PARTY RIGHTS. Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. JURISDICTION AND VENUE. This Agreement shall be interpreted in accordance with the laws of the State of California. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Contract is San Diego County, California. Start Work: Contractor agrees to start within ten (10) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within one hundred twenty (120) working days after receipt of Notice to Proceed. MAERKLE RESERVOIR PAVEMENT REPAIRS CONT. NO. 50241 Page 4 General Counsel Approved 6/5/24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 CONTRACTOR'S INFORMATION. Joes Paving Company, Inc. {name of Contractor) 806124 {Contractor's license number) C12, A & 3/31/2026 {license class. and exp. date) 1000011953 & 6/30/2026 {DIR registration number/exp. date) PWM26-3992UTIL 28404 Lizard Rocks Road {street address) Valley Center, CA, 92082 {city/state/zip) 760-749-0519 {telephone no.) Seanr@pavingamerica.com {e-mail address) AUTHORITY. The individuals executing this Contract and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Contract. MAERKLE RESERVOIR PAVEMENT REPAIRS CONT. NO. 50241 [signatures on following page] Page 5 General Counsel Approved 6/5/24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 CONTRACTOR JOES PAVING COMPANY, INC., a California corporation By /2, JJfrv!_ .----7 {slgnhere) Sean R. Repko, CEO/President (print name, title) Cathleen A. Adler, CFO/Treasurer (print name, title) PWM26-3992UTIL CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad By : AMANDA L. FLESSE, Utilities Director, as authorized by the Executive Manager ATTEST: SHERRY FREISINGER, Secretary By : Deputy/ Assistant Secretary If required by CMWD, proper notarial acknowledgment of execution by Contractor must be attached. !ii! corporation, Contract must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM : CINDIE K. McMAHON, General Counsel BY: __ ft_i~_¼_b1A,_S ____ _ Assistant General Counsel MAERKLE RESERVOIR PAVEMENT REPAIRS CONT. NO. 50241 Page 6 General Counsel Approved 6/5/24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 PWM26-3992UTIL EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work to Business Name and Address DIR Registration License No., %of be No. & Exp. Date Classification Total Subcontracted & Expiration Contract Date ~ ;votve. Total% Subcontracted: ______ _ The Contractor must perform no less than 50% of the work with its own forces. MAERKLE RESERVOIR PAVEMENT REPAIRS CONT. NO. 50241 Page 7 General Counsel Approved 6/5/24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 PWM26-3992UTIL EXHIBIT B MAERKLE RESERVOIR PAVEMENT REPAIRS Provide seal coat, crack seal and asphalt grind-overlay at Maerkle Reservoir where designated on the location maps in Attachment A and per the quantities tabulated below. JOB QUOTATION ITEM UNIT UNIT QTY DESCRIPTION I PRICE NO. PRICE Location 1-Lower Station Crack Seal and Seal Coat 1 SF $0.51 20,000 Clean, route and seal cracks, prepare asphalt area, $10,300.00 and apply two coats of sealcoat Location 2 -Lower Station Speed Bump/Water Bar 2 LF $52.86 35 Remove and replace existing speed bump water bar $1,850.10 in-kind Location 3 -Storm Drain Trench Patch Restoration 3 SF $8.50 200 2-inch grind and overlay to provide final T-Patch $1,700.00 over storm drain repair area. Location 4 -Water Main Trench Resurfacing 4 SF $8.50 1,100 2-inch grind and overlay to provide final T-Patch $9,435.00 over water main repair area. Location 5 -Access Road Roundabout Crack Seal SF $0.95 and Seal Coat $9,500.00 5 10,000 Clean, route and seal cracks, prepare asphalt area, and apply two coats of sealcoat Location 6 -Misc. Access Asphalt Patches 6 SF $27.32 500 Remove existing asphalt, clean and provide 4-inch $13,660.00 depth asphalt patch were designated on access road AC Berm Restoration $900.00 7 LF $9.00 100 Remove and Replace 8-inch tall AC berm where designated within Maerkle Site. $946.90 Bond Fee $946.90 8 LS 1.0 TOTAL* $48,292 *Includes taxes, fees, expenses and all other costs. MAERKLE RESERVOIR PAVEMENT REPAIRS CONT. NO. 50241 Page 8 General Counsel Approved 6/5/24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 EXHIBITC LABOR AND MATERIALS BOND Bond No. 1001192885 PWM26-3992UTIL WHEREAS, the Board of Directors of the Carlsbad Municipal Water District has awarded to Joes Paving Company, Inc. (hereinafter designated as the "Principal"), a Contract for: MAERKLE RESERVOIR PAVEMENT REPAIRS CONTRACT NO. 50241 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereofrequire the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Joes Paving Company, Inc., as Principal, (hereinafter designated as the "Contractor''), and U.S. Specialty Insurance Company as Surety, are held firmly bound unto CMWD in the sum of $48,292 (*), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. * Forty-Eight Thousand Two Hundred Ninety-Two Dollars and 00/100 Cents) THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. MAERKLE RESERVOIR PAVEMENT REPAIRS CONT. NO. 50241 Page 9 General Counsel Approved 6/5/24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Bond No. 1001192885 PWM26-3992UTIL This labor and materials bond may be approved as to form by the General Counsel for CMWD in counterpart, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, this __ 6_th __ day of February 2026. Joe's Paving Company, Inc. (SEAL) U.S. Specialty Insurance Company (SEAL) (Pri ~dpal)~ (Surefy) By: X ... ~ ~ By: x\2. PQ~~ ~===~=--- (Sig~atu r~ )(S (Signature) Print Name/Title: xJ'J4vV' /t-1~d43 t!.£u Print Name/Attorney-in-Fact: Kelly Vincent, Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON General Counsel By: Assistant General Counsel MAERKLE RESERVOIR PAVEMENT REPAIRS CONT. NO. 50241 Page 10 General Counsel Approved 6/5/24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of _O_r_a_n~g_e _______ _ } On~-ei:n~ fRY4., ~~ before me, _S_u_s_a_n_E_._M_o_r,n(~r::-:~,e:=-e=,~s""~""rt~=-=a=~.,,.;~=n"'~yht,tl,.,..f=otu""'thcc~=l~=~=er,-) ----- personally appeared Kelly Vincent --~-----------------------------who proved to me on the basis of satisfactory evidence to be the personfs-1 whose namefs-) isfafe subscribed to the within instrument and acknowledged to me that he-/she/#tey executed the same in htsfher/tftetf authorized capacitytfe8,, and that by ms-/herftheif signatureEs, on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of Californ'fa that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Jduorvn -l. /rJ (J'} Ji, (' A h 6 A~LJ~~; :;~E~ 6 ~ O COMM. #2444309 --1 I-NOTARY PUBLIC-CALIFORNIA () W {, ORANGE COUNTY ...i.. Notary Public Signature (Notary Public Seal) I -·0,Y MY COMM. Expires April 14, 2027 I VVV',T"'vVVVVVVVVV ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT {Title or description of att' hed docum~ /) ~fx>r -Ii (YLaf~ ~ {Title or description of attached document continued) Number of Pages L Document Date (1-/t,-f}.,[i, CAPACITY CLAIMED BY THE SIGNER □ Individual (s) □ Corporate Officer (Title) □ Partner(s) 0 Attorney-in-Fact □ Trustee(s) □ Other _________ _ 2015 Version www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, if needed, should be completed and attached to the document. Acknolwedgentsfrom other states may be completed for documents being sent to that state so long as the wording does nor require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. re/she/#ley;-is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate title or type of attached document, number of pages and date. ❖ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 TOKIO MARINE. HCC . ,. < . • ~OWER ,QFATTORt;,JEY.. .. br nw ,,. AMERICAN CONTRACTORS INDEMNITY COMPAt,,Y TEXAS BOt,IDING COMPANY UNITED STATES SURETY COMPANY. ,u.s. SPECIALTYINSURANCE COMPANY~, v KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company: a California corporation, Texas Bonding Company, an assumed name of Am.erican Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company;\a Texas corporation (collectively, the ·;·c9mpanies"); do by these pr~ients ma@,··constitute ' appoint: · .,. ·••.•· • •• ., •.... ,. •·•· _,)?',.. ., ''=-;{'' "1)" : ,=:·: ,. ·\{'''•)? :'.! -)? David S. Jacobson, Sondra "Alvarado or Kelly Vincent of Irvine California its true and lawful Attorriey(s)2in-fact;' each irlthefr separate' capaqity if rlJb:e1!tharibneT~ .(lamed above, .zyjith full p9wer and author(tY hereby conferred in its name, place.and stead, to execute, acknowlidge arid deliver ~ny ahdall bonds, recognizances, unc:j.ertakings or other instruments or contracts of suretyship 'to include riders, amendments, and consents of surety, prhviding the bond penalty does not exceed *****Ten Million***** Dollars ( ***$101000 1000.00*** ). This Power of Attorney shall expire without fur;ther action on January 31'12028. This power ofAttorney is granted under and by authority of the following resolutions adopted by the Boards o.(Directprs of the Companies:, /'.:. .. . r • . , • .. • , ;; .... . .. .. • + i _Beil Resolved, thatJhe Pre§ident, any,Vice-Presideht, aqYAssisfani Vice-Presidenti:anyS!:qfatary o~~ny Assistant §¢cr~t<1ry .. §h~!I be al')fis herebw/ vested with full power and authority to' appoint any one or more suitable persons as Attorney(s)-in-Fad fo represent and act fo'r ahd on behalf of the Company subject to the following provisions: Attorney-in-Fact may be gi~~n full POYf~Iand autqorityJor i!.f)d in th~ n.arn!: of and op bfhalf.pf,!pe Corl)p~!1Y, to exep~te,}!Ckno»-leqqe an~. deliver, al')y and all bonds, recognizances;' contracts; agreerriehts cir indemnify and other cofidi.tional dr'dbliga\cityi imdertakirigs, jqduding an.y ;and ~II consents for the release of retained percentages and/or final e1-timates on engirieering arid construction contracts, and an{~ndall noti9~s and 9ocuments canceling or terminating the Company's liability thereunder, and:any such instruments so executed byiiny such Attorney-iri~Fact shall be binding upon, the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and §.E!al of the Company.heretofore o.r hereafter affixed to ;my power of attorney or any certificate relating \hereto by facsimile, and any power ·qf attorney or certificate bea'ririg facsi. 'le signature or facsimile seal shall and binding_ upon the-Company with resp~ct to any bond or undertaking to wt}Jgh itis a.ttached. • .. • •• * t :::· .,, tf· .-:=:dJY'·· 1 ::)p'''' 1 {( "=t=· .. -~-::r ?J% •. ::ft=· ·q,Ai::f" IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1t ?~Y ~,!.,f.~~,r,~ary f024• ,111'"11"11i, < No;. 11""111""'' •• • ···•······· •,,,""11"1""11 .,. •• AMERICAN CONTRACTORS'INPEN!NITY COMPANY, TEXAS tf L~~f$~fA111~~!!~1~11J~"}~ ~.•.Bo•~~;'.c~~=J~_!c.0~=~5~~~:~':e~~ sari.\ SfPT25 1990 1-<s'::ui, ·. w .... ,2 =2 1ll: II =-o ~= ., ...-7}';;(:,,, ,g= _ "(""; :~ ~ ;: \~~il!t#.~iif;~:!r ~zi~tt~ri:Ji~:~ ttfi::::·;;::;ii;::::f iiJ i~,;:;:::·.·,:;,i ;::;i ~::::;,g'By: Daniel P. Aguilar ,, ,:~ President " A Notary Public of othei"officer completing this certificate Verifies only the 'itlentit e i this certificate is attached and not the truthfulness, accurac or validit of that document. stlte of California County of Los Angeles On_ this 1"1 day of F:ebruary 2024, before me, D, .. Uttlefielgta notary public, personally appeared Daniel ~-Aguilar, Vice President of American Contractors lnden:mity Co'mp~ny, f e~asi.Bondiri~1Company, Un\ti .9 ?t?t~s .. !3Llre.!Y, (;o~pariy a~'d1lJ.S: St El~ia1ty _lnsur~qpf Cornpany who pro\led to m~ on t,~E'l,basrs of ~atrsfaq!PfY ey1pElnce to be th~_perso.n y.,hos.e pRme 1s subscnb~d. to th~w1thm mstrume~t and ·•acknowledged 'to me ttiat he executed the same in his authorized capacity, andthat by His signature on the in·strUmentthe persori; or the entity upon behalf of which the person acted, executed the instrument. I CElrtify under PEN~L TYi(?f;f?ERJ WITNESS my ha~I seal. , Signature , ~J'J. under.the laws 'of ' ··•·• ,. I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texat Bonding Company, States Surety Company and U.S. Specialty Insurance Company, dohereby certify that the appve and foregoing is a true and correct copy of a Power of Attorney, executed by S?id Comp?pies, wpicbJs,§fill in fqlJ ;for~.and effe.cf furth • pre •• resolu • • ofthe Bci~tds"'of irectors, set out in the PowehofAftdeHey are ihfull fore~ arid 'effect_. Hi! • • •• '" 'i -iW .. 4:::'" · · :t "':':'t/V ·,:f,,,tf '\}tf\Y'. @ti: Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of sM J) 1 ECt D } On QC(. F-E..'B. -::2D2.<o before me,~&~ HA~tEQSAt.r. ~t$tl¼"li.f -Pl,lcl.{(: Here Insert Name and Tifle of the Officer Date personally appeared ----~-"----'-~-R-~-~---'--____.f_,\<"o'-----"--------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~--··········1 ' ROSE MARIE CASALE-: j ; Notary Public • California 2 l ~ ;: San Dieta County ~ i Commission#2-461711 .,., ... My Comm. Expires S~ 25, 2027 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is tru_e a rrect. al. Signature Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: t;½l:\ti"}(C C ~ Aro M~LS BotJD Document Date: vb. Fa_ "'2-o'.2,..L Number of Pages: ___ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): _______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: __________ _ Signer is Representing: __________ _ ©2019 National Notary Association Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 PWM26-3992UTIL EXHIBIT D IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION REQUIREMENTS CARB implemented amendments to the In-Use Off-Road Diesel Fueled Fleets Regulations that apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. More information about the requirements can be found at https://ww2.arb.ca.gov/our-work/programs/use-road-diesel-fueled-fleets-regulation Contractors are required to comply with the requirements of the In-Use Off-Road Diesel-Fueled Fleet regulations, including, without limitation, compliance with Title of the California Code of Regulations section 2449 et seq. throughout the term of the Project. CMWD is a "Public Works Awarding Body," as that term is defined under Title 13 California Code of Regulations Section 2449(c)(46}. Accordingly, the Contractor must submit, with their pre-award contract documents, valid Certificates of Reported Compliance (CRC} for the Contractor's fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles}. Failure to provide a valid CRC, will limit CMWD's ability to proceed with awarding this Contract. Contractor has an on-going obligation for term of this Contract to provide copies of Contractor's, as well as all listed subcontractors, most recent CRC issued by CARB. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor's and subcontractors' fleet including, without limitation, CRC, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from CMWD. MAERKLE RESERVOIR PAVEMENT REPAIRS CONT. NO. 50241 Page 11 General Counsel Approved 6/5/24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 PWM26-3992UTIL EXHIBIT D (CONT.) IN-USE OFF-ROAD DIESEL-FUELED FLEET REGULATION CERTIFICATION Contractor hereby acknowledges that they have reviewed the CARB' s policies, rules and regulations and are familiar with the requirements of In-Use Off-Road Diesel-Fueled Fleet Regulation. Contractor hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Contractor's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: ~ The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. 0 The Fleet is exempt from the Regulation under Section 2449.l(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. □ Contractor and/or their subcontractor is unable to procure R99 or Rl00 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.l(f)(3). Contractor shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). □ The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an "emergency", as that term is defined in Section 2449(c)(18). Contractor shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name: Sean R. Repko Title: =C=EO=------------------------ MAERKLE RESERVOIR PAVEMENT REPAIRS CONT. NO. 50241 Page 12 General Counsel Approved 6/5/24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 1 of 1 https ://ssl .arb .ca.gov/ ssldoors/ doors _reporting/perm/php/ certificate. php California Environmental Protection Agency Air Resources Board January 1, 2025 CERTIFICATE OF REPORTED COMPLIANCE OFF-ROAD DIESEL VEHICLE REGULATION is issued to JOE'S PAVING COMPANY, INC. This certificate indicates that the lleet listed above has reported off-road diesel vehicles to the California Air Resources Board and has certified they are in compliance with title 13 CCR, section 2449. All applicable vehicles owneel by the individual, company, or agency must be reported and labeled, as specified in Section 2449, with all possible completeness, else this certificate is null .. nd void. Certificate expires 2/28/2026 f/ 1:1rJ: Kit1>wsk1 c'hiet, MobirP sau.1,:-r. C:cintrol Divi1.ion C.il,lurnl.:iAiJ Rcsuu,u..---. 80.11d Off-road Dluel Fleet Identification 8682 3/27/2025, 9:08 AM Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/12/2026 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(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sondra Alvarado NAME: Acrisure Southwest Partners Insurance Services, LLC PHONE 9494867902 I FAX 611 Anton Blvd., Suite #1400 IA/C No Extl: IA/C Nol: E-MAIL salvarado®natrisk.com Costa Mesa, CA 92626 ADDRESS: INSURER(Sl AFFORDING COVERAGE NAIC# www.patrisk.com 0K07568 INSURER A: United Soecialtv Insurance Comoanv 12537 INSURED INSURERB: Clear Sorina Prooertv & Casualtv Comoanv A-VIII 15563 Joe's Paving Company, Inc. INSURERC: Greenwich Insurance Company 22322 P.O. Box 99 Valley Center CA 92082 INSURER o: XL Specialty Insurance Company 37885 INSURER E: Westchester Surplus Lines Insurance Co 10172 INSURERF: COVERAGES CERTIFICATE NUMBER: 89259560 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE IM<>n wvn POLICY NUMBER !MM/DD/YYYYl !MM/DD/YYYYl LIMITS A ✓ COMMERCIAL GENERAL LIABILITY ✓ ✓ ATN25211686 10/1/2025 10/1/2026 EACH OCCURRENCE $1,000,000 -□ CLAIMS-MADE W OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence I $50,000 _.{_ Deductible $5,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1 000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ [2J PRO-DLoc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ C AUTOMOBILE LIABILITY ✓ ✓ NBA100216706 10/1/2025 10/1/2026 COMBINED SINGLE LIMIT $1,000,000 !Ea accidentl - ✓ ANY AUTO BODILY INJURY (Per person) $ -OWNED ~ SCHEDULED AUTOS ONLY AUTOS BODIL y INJURY (Per accident) $ -HIRED ~ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY /Per accident} $ -~ $ A _.{_ UMBRELLA LIAB r1 OCCUR BTN2523320 10/1/2025 10/1/2026 EACH OCCURRENCE $4 000,000 EXCESSLIAB CLAIMS-MADE AGGREGATE $4,000,000 DED I ✓ I RETENTION $0 $ B WORKERS COMPENSATION ✓ CS-WC-0234 7-02 3/31/2025 3/31/2026 I PER I I OTH- AND EMPLOYERS" LIABILITY ✓ STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE Cr] N/A E.L. EACH ACCIDENT $1 000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1000000 ~~;i~rt-¥f~~ ~nl~PERATIONS below E.L. DISEASE -POLICY LIMIT $1000000 D Leased/Rented Equipment NIM100216206 10/1/2025 10/1/2026 Limit $100,000 / Deductible $2,500 E Pollution G7428971A003 4/5/2025 4/5/2026 Occurrence Limit $1,000,000 Aggregate Limit $1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re:Job#25385-Maerkle Reservoir, 2023 Applewood Lane, Vista CA 92081 Certificate Holder is named as Additional Insured as respects to General Liability per endorsement attached where required by written contract. *30-day notice of cancellation/ 10-day for non-payment of premium. CERTIFICATE HOLDER CANCELLATION City of Carlsbad/CMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o EXIGIS Insurance Compliance Services ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 947 Murrieta CA 92564 AUTHORIZED REPRESENTATIVE ~~1 A~ I Dave Jacobson © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 1 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Joe's Paving Company, Inc. POLICY NUMBER: ATN25211686 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 TIDS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations As Required By Written Contract, Fully Executed As Required By Written Contract, Fully Executed Prior To Prior To The Named Insured's Work The Named Insured's Work Information required to complete this Schedule ifnot shown above, will be shown in the Declarations. A. Section II Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and 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) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1 All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional in-sured(s) at the location of the covered operations has been completed; or 2 That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1: 50: 05 PM (PST) I Page 2 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Joe's Paving Company, Inc. POLICY NUMBER:ATN25211686 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As Required By Written Contract, Fully Executed Prior ~s Required By Written Contract, Fully Executed Prior To The Named lnsured's Work rro The Named lnsured's Work Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person{s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 3 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Joe's Paving Company, Inc. ATN25211686 United Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VEN 051 00 (02/20) PRIMARY AND NON-CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies the Conditions provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS of the COMMERCIAL GENERAL LIABILITY COVERAGE PART, and supersedes any provision to the contrary: Primary and Non-Contributory Insurance Any coverage provided to an Additional Insured under this policy shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless: a. (1) The Additional Insured is a Named Insured under such other insurance; and (2) A fully written contract fully executed prior to the Named lnsured's commencement of work for such Additional Insured for the specific project that is the subject of the claim, "suit," or "occurrence" expressly requires that this insurance: or (i) apply on a primary and non-contributory basis; and (ii) would not seek contribution from any other insurance available to the additional insured. b. Prior to a loss, you request in writing and we agree in writing that this insurance shall apply on a primary and non-contributory basis. Name Of Person(s) Or Organization(s) As Required By Written Contract, Fully Executed Prior To The Named lnsured's Work. All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged. VEN 051 00 (02/20) 89259560 I 25/26 POLL/WC/GL!AU/UMB IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 4 of 24 Page 1 of 1 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Joe's Paving Company, Inc. POLICY NUMBER: ATN25211686 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As Required By Written Contract, Fully Executed Prior To The Named lnsured's Work Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 5 of 24 Page 1 of 1 □ Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 ENDORSEMENT# XIC 4211024 This endorsement, effective 12:01 a.m., 1010112025 Policy No.NBA100216706 by issued to Joe's Paving Company, Inc. , forms a part of THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A. Temporary Substitute Auto Physical Damage B. Who Is An Insured Broad Form Insured Employees As Insureds Additional Insured By Contract, Agreement Or Permit Employee Hired Autos C. Supplementary Payments -Bail Bonds & Loss of Earnings D. Prejudgment Interest Coverage E. Family Emergency Travel Coverage F. Amended Fellow Employee Exclusion G. Physical Damage Coverage Rental Reimbursement Extra Expense -Broadened Coverage -Stolen Auto Personal Effects Coverage Lease Gap Glass Repair -Waiver Of Deductible Airbag Coverage Physical Damage Deductible -Vehicle Tracking System Two or More Deductibles Tarps, Chains and Binders Wrap Coverage Audio, Visual & Electronic Data Equipment -Broadened Coverage H. Physical Damage Coverage Extensions Additional Transportation Expense Hired Auto Physical Damage XIC 421 1024 © 2024 X.L. America, Inc. All Rights Reserved. Page 1 of 11 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 6 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Emergency Lockout -Private Passenger Vehicles Towing and Labor Original Equipment Manufacturer Parts -Leased Private Passenger Types Green Vehicle -Upgrade I. Business Auto Conditions Notice Of Occurrence Waiver Of Subrogation Unintentional Failure To Disclose Hazards Primary Insurance As Per Written Contract Hired Auto Coverage Territory -Worldwide J. Bodily Injury Redefined K. Extended Cancellation Condition XIC 421 1024 © 2024 X.L. America, Inc. All Rights Reserved. Page 2 of 11 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 7 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 A. Temporary Substitute Auto Physical Damage B. SECTION I -COVERED AUTOS, Paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos is amended by adding the following: If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physical Damage coverage: 1. 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; d. "Loss"; or e. Destruction. Who Is An Insured SECTION II -COVERED AUTOS LIABILITY COVERAGE, Paragraph A. Coverage, Item 1. Who Is An Insured is amended by adding the following: Broad Form Insured For any covered "auto", any subsidiary, affiliate or organization, other than a partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within one hundred and eighty (180) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. Employees As Insureds Your "employee" if the covered "auto" is owned by that "employee" or that member of his or he household. However, your "employee" is an "insured" while using a covered "auto" you do not own, hire or borrow, in your business or your personal affairs. Additional Insured By Contract, Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit. Employee Hired Autos Your "employee" is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. XIC 421 1024 © 2024 X.L. America, Inc. All Rights Reserved. Page 3 of 11 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 8 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 SECTION IV -BUSINESS AUTO CONDITIONS, Paragraph B. General Conditions, Item 5. Other Insurance, b. is replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "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 or agreement in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. Supplementary Payments -Bail Bonds & Loss of Earnings SECTION II -COVERED AUTOS LIABILITY COVERAGE, Paragraph A. Coverage, Item 2. Coverage Extensions, a. Supplementary Payments is amended as follows: Item (2) is deleted and replaced by the following: (2) Up to $3,500 for cost of bail bonds {including bonds for related traffic law violations} required because of an "accident" we cover. We do not have to furnish these bonds. Item (4) is deleted and replaced by the following: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. D. Prejudgment Interest Coverage SECTION II -COVERED AUTOS LIABILITY COVERAGE, Paragraph 2. Coverage Extensions, Item a. Supplementary Payments is amended to include the following: Prejudgment interest awarded against the "insured" on that part of the judgment we pay. If we make an offer to pay the applicable Limit of Insurance, we will not pay any prejudgment interest based on that period of time after the offer. E. Family Emergency Travel Coverage SECTION II -COVERED AUTOS LIABILITY COVERAGE, Paragraph 2. Coverage Extensions is amended to add the following: In addition to the Limit of Insurance, we will pay reasonable "travel reimbursement expenses" incurred by a "family member" of an "insured" for travel to visit that "insured" who was injured in an "accident" involving a covered "auto", subject to the following conditions: (1) Regardless of the number of traveling "family members", injured "insureds", claims made or vehicles involved in the "accident", the most we will pay for all "travel reimbursement expenses" resulting from any one "accident" is $2,500. If the combined total of reasonable "travel reimbursement expenses" incurred by two or more "family members" exceeds the $2,500 per "accident" limit, we will pay on a pro rata basis subject to the $2,500 per "accident" limit. (2) Travel must be to visit the "insured" at the hospital, rehabilitation facility or, in the event of death, to the location necessary to handle the immediate affairs of the deceased. XIC 421 1024 © 2024 X.L. America, Inc. All Rights Reserved. Page 4 of 11 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 9 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 (3) Subject to the $2,500 per "accident" limit, the most we will pay for the combined total of expenses for room accommodations, meals, and parking for each "family member" is $200 per day. (4) We will reimburse ground transportation use of a personal vehicle at the current per mile business IRS standard rate at the time of the "accident". (5) All "travel reimbursement expenses" must be supported by written receipts submitted to us no later than one year from the date of the "accident". Solely for the purposes of the Family Emergency Travel Coverage extension, the following additional definitions apply: "Travel reimbursement expenses" includes reasonable ground, rail or air (coach class) transportation, room accommodations, meals and parking expenses only. "Family member" means a person related to an "insured" by blood, marriage, civil union or adoption who is a resident of such "insured's" household, including a ward, foster or stepchild. F. Amended Fellow Employee Exclusion SECTION II -COVERED AUTOS LIABILITY COVERAGE, Paragraph B. Exclusions, Item 5. Fellow Employee is deleted in its entirety. G. Physical Damage Coverage SECTION Ill -PHYSICAL DAMAGE COVERAGE, Paragraph A. Coverage is amended by adding the following: Rental Reimbursement a. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning twenty-four (24) hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (1) The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or (2) Forty Five (45) days. c. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred; or (2) $100 any one day per private passenger "auto"; $150 any one day per truck; $4500 any one period per private passenger "auto"; $6750 any one period per truck; or d. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. XIC 421 1024 © 2024 X.L. America, Inc. All Rights Reserved. Page 5 of 11 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 10 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. Extra Expense -Broadened Coverage -Stolen Auto We will pay for the expense of returning a stolen covered "auto" to you. No deductibles apply to this coverage. Personal Effects Coverage If you have purchased Comprehensive Coverage on this Policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for "personal effects" stolen from the "auto". As used in this endorsement, "personal effects" means tangible property that is worn or carried by an "insured". "Personal effects" does not include tools, jewelry, money or securities. Lease Gap In the event of a total "loss" to a covered "auto" shown in the Declarations, we will pay, after application of deductible, any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the Policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. Glass Repair -Waiver Of Deductible No deductible applies to glass damage if the glass is repaired rather than replaced. Airbag Coverage SECTION Ill -PHYSICAL DAMAGE COVERAGE, Paragraph B.3., Exclusions is amended to add the following: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that inflate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only if: a. That "auto" is a covered "auto" for Comprehensive Coverage under this Policy; b. airbags are not covered under any warranty; and c. the airbags were not intentionally inflated. We will pay up to a maximum of $500 for any one "loss". No deductibles apply to this coverage. XIC 421 1024 © 2024 X.L. America, Inc. All Rights Reserved. Page 6 of 11 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 11 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Physical Damage Deductible -Vehicle Tracking System Any Comprehensive Deductible shown in the Declarations will be reduced by fifty percent (50%) for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. Two or More Deductibles SECTION Ill -PHYSICAL DAMAGE COVERAGE, Paragraph D. Deductible is amended to add the following: If this Coverage Form and any other Coverage Form or policy issued to you by us that is not an automobile policy or Coverage Form applies to the same "accident" the following applies: a. If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; or b. If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. Tarps, Chains and Binders SECTION Ill -PHYSICAL DAMAGE COVERAGE, : Paragraph A.4. Coverage Extensions is amended to add the following: We will pay up to $2,500 for "loss" of tarps, chains and binders, subject to a deductible of $500 per "loss", if the "loss" occurs while the tarps, chains, and binders are used with an insured "trailer" or semitrailer described in the Policy. This coverage applies to "loss" caused by: a. Fire or explosion; b. Theft, provided notice of theft is reported to the police; c. Windstorm, hail, or earthquake; d. Flood; e. The sinking, burning, collision or derailment of any conveyance transporting the covered auto; or f. Collison. Wrap Coverage In the event of a "loss" to a covered "auto" shown in the Declarations, we will pay up to $1,000, after application of deductible, per occurrence in any twelve (12) months in the case of a total loss for vinyl vehicle wraps displayed on the vehicle at the time of "loss." XIC 421 1024 © 2024 X.L. America, Inc. All Rights Reserved. Page 7 of 11 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 12 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Audio, Visual, & Electronic Data Equipment -Broadened Coverage SECTION Ill -PHYSICAL DAMAGE, Paragraph C.1.b. Limit Of Insurance is deleted and replaced with the following: b. $2,000 is the most we will pay for "loss" in any one "accident" to all electronic equipment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing unit, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. H. Physical Damage Coverage Extensions SECTION 111-PHYSICAL DAMAGE COVERAGE, Paragraph A. Coverage, Item 4. Coverage Extensions is amended as follows: a. Additional Transportation Expense Subsections a. and b. of the Transportation Expenses coverage extension are amended to provide a limit of up to $75 per day and a maximum limit of $2,250. b. Hired Auto Physical Damage The following section is added: Any "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" for physical damage coverage. The most we will pay for each covered "auto" is the lesser of: (1) the actual cash value; (2) the cost for repair or replacement; or (3) $100,000, or higher limit if shown on the Declarations for Hired Auto Physical Damage Coverage. c. Emergency Lockout -Private Passenger Vehicles XIC 421 1024 We will reimburse you up to $50 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto" of the private passenger type subject to these provisions: (1) Your door key or key entry pad has been lost, stolen or locked in your covered "auto" and you are unable to enter such "auto"; or (2) Your key or key entry pad has been lost or stolen and you have changed the lock to prevent an unauthorized entry; and (3) Original copies of receipts for services of a locksmith must be provided before reimbursement is payable. © 2024 X.L. America, Inc. All Rights Reserved. Page 8 of 11 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 13 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 d. Towing and Labor Coverage We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: (1) For private passenger type vehicles, we will pay up to $200 per disablement. (2) For "light trucks", we will pay up to $250 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. (3) For "medium trucks", we will pay up to $300 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 to 20,000 pounds. However, the labor must be performed at the place of disablement. If CA 85 50, Towing -Commercial Autos, is attached to this Policy, the limits indicated in CA 85 50 replace the limits indicated in this provision. The insurance provided under this provision is excess over any other collectible insurance. e. Original Equipment Manufacturer Parts -Leased Private Passenger Types SECTION Ill -PHYSICAL DAMAGE COVERAGE, Paragraph C. Limits of Insurance is amended to add the following: We will use new original equipment vehicle manufacturer parts for any private passenger type covered "auto" where required by the lease agreement which has a term of at least six (6) months. If a new original equipment vehicle manufacturer part is not in production or distribution, we may use a like, kind and quality replacement part. f. Green Vehicle -Upgrade XIC 421 1024 SECTION Ill -PHYSICAL DAMAGE COVERAGE, Paragraph A. Coverage is amended by adding the following after Item 3.: In the event of a total "loss" to a covered "auto" you own, we will pay to replace such covered "auto" with a "Green Upgrade Auto," minus any applicable deductible shown in the Declarations, if: (1) Comprehensive and Collision Coverage are provided for that "auto" at the time of "loss"; and (2) You provide to us documentation that you have purchased a new "Green Upgrade Auto." SECTION Ill -PHYSICAL DAMAGE COVERAGE, Paragraph C. Limits Of Insurance is amended by adding the following: The most we will pay will be the amount to replace a covered "auto" with a new "Green Upgrade Auto" that is the same make, model, and equipment of the "covered" auto, but not to exceed an amount equal to ten percent (10%) of the actual cash value for the "auto" being replaced. If a new "Green Upgrade Auto" with the same make, model, and equipment is not available, the most we will pay is the actual cash value of the covered "auto," with an adjustment for depreciation and physical condition. Notwithstanding any of the foregoing, we will be obligated to pay you only the actual cash value of the covered "auto," with adjustment for depreciation and physical condition, unless you provide to us documentation, no later than ninety (90) days after the total loss, that you have purchased a new "Green Upgrade Auto." © 2024 X.L. America, Inc. All Rights Reserved. Page 9 of 11 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 14 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 No one will be entitled to receive duplicate payments for the same elements of "loss" under this endorsement and this Coverage Form's Physical Damage Coverage. SECTION V -DEFINITIONS is amended to include the following: "Green Upgrade Auto" is a Hybrid Electronic Vehicle (HEV), or a Plug-In Hybrid Electronic Vehicle (PHEV), or a Battery Electric Vehicle (BEV) as described by the United States Department of Energy. I. Business Auto Conditions SECTION IV -BUSINESS AUTO CONDITIONS, Paragraph A. Loss Conditions is amended as follows: Notice Of Occurrence Item 2. Duties In The Event Of Accident, Claim, Suit Or Loss, subsection a. is amended by adding the following: If you report an injury to an "employee" to your workers' compensation carrier and if it is subsequently determined that the injury is one to which this insurance may apply, any failure to comply with this condition will be waived if you provide us with the required notice as soon thereafter as practicable after you know or reasonably should have known that this insurance may apply. Knowledge of an "accident", claim, "suit" or "loss" by the agent, servant or "employee" of any "insured" shall not in itself constitute knowledge by the "insured" unless you (or any of your partners, your executive officers, or any other officers, or person responsible for your insurance matters) received or should have reasonably received such notice from the agent, servant or "employee". Waiver Of Subrogation Item 5. Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: However, this condition does not apply to any person(s) or organization(s) with whom you have a written contract, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under such contract with that person or organization. SECTION IV -BUSINESS AUTO CONDITIONS, Paragraph B. General Conditions is amended to add the following: Unintentional Failure To Disclose Hazards The following condition is added: Your unintentional failure to disclose all hazards as of the inception date of the Policy shall not prejudice any "insured" with respect to the coverage afforded by this Policy. Primary Insurance As Per Written Contract Item 5. Other Insurance is amended by adding the following: For any covered "auto", this insurance shall apply as primary and not contribute with any other insurance where such requirement is agreed in a written contract executed prior to a "loss". XIC 421 1024 © 2024 X.L. America, Inc. All Rights Reserved. Page 10 of 11 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 15 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Hired Auto Coverage Territory -Worldwide SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B. General Conditions, Item 7. Policy Period, Coverage Territory, is amended to add the following: For "autos" hired for forty five (45) 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. J. Bodily Injury Redefined SECTION V -DEFINITIONS, Paragraph C. "Bodily injury" is deleted and replaced by the following: "Bodily Injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental injury or mental anguish that results from physical injuries sustained in a physical impact. K. Extended Cancellation Condition COMMON POLICY CONDITIONS (Form IL 00 17), Paragraph A. Cancellation, Item 2.b. is deleted and replaced by the following: The greater of sixty (60) days or the time required by any applicable state amendatory endorsement before the effective date of cancellation if we cancel for any other reason. All other terms and conditions of this Policy remain unchanged. XIC 421 1024 © 2024 X.L. America, Inc. All Rights Reserved. Page 11 of 11 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 16 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC040306 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work desaibed in the Schedule. The additional premium for this endorsement shall be 2.50 % of the Califomia workers• compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION Any Person or Organization for which the insured has agreed by written contract executed prior to loss to fumish this waiver JOB DESCRIPTION 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 93/31/2025 12:01 AM Policy No. 'CS-WC-02347-02 Endorsement No. Insured • Joe's Paving Company, Inc. Insurance Company Clear Spring Property and Casualty Company Countersigned by ©1998 by the Workers• Compensation Insurance Rating Bureau of Callfomla. All rights reserved. Premium Included From the WCIRB's California Workers' Compensation Insurance Forms Manual © 1999. 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 17 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Westchester A Chubb Company ADDITIONAL INSURED ENDORSEMENT-ONGOING WORK OR OPERATIONS Named Insured Endorsement Number Joe's Paving Companv, Inc. Policy Symbol I Policy Number I Policy Period Effective Date of Endorsement CPW G7428971A 002 04/05/2024 to 04/05/2025 04/05/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Companv Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE: Name of Person{sl or Organization(s): As required by written contract, prior to a loss to which this insurance applies. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, 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 insureds. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: Exclusions This insurance does not apply to injury or damage occurring after: a. All work or operations, including materials, parts or equipment furnished in connection with such work or operations, on the project (other than service, maintenance or repairs) to be performed by you or on your behalf at the site of the covered operations has been completed; or b. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for the additional insured as a part of the same project. ENV-3250 (12/18) (221012.1) Includes copyrighted material of Insurance Services Office, Inc. with its permission 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 18 of 24 Page 1 of2 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Westchester A Chubb Company C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III -LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-3250 (12/18) (221012.1) Includes copyrighted material of Insurance Services Office, Inc. with its permission 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 19 of 24 Page2 of2 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Westchester A Chubb Company ADDmONAL INSURED ENDORSEMENT-PRODUCTS-COMPLETED OPERATIONS HAZARD Named Insured Endorsement Number Joe•s Paving Companv, Inc. Policy Symbol I Policy Number I Policy Period Effective Date of Endorsement CPW G7428971A 002 04/05/2024 to 04/05/2025 04/05/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Companv Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization(s): As required by written contract, prior to a loss to which this insurance applies. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused by or resulting from your work peijormed for that additional insured and included in the products-completed operations hazard, and only to the extent that such injury or damage is caused, in whole or in part, by your negligence or the negligence of those acting on your behalf. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-3251 (12/18) (221012.2) Includes copyrighted material of Insurance Services Office, Inc. with its permission 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1 :50:05 PM (PST) I Page 20 of 24 Page 1 oft Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Westchester A Chubb Company PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION Named Insured Endorsement Number Joe's Pavin n , Inc. Policy Sym Policy Number Effective Date of Endorsement CPW G 28 002 Issued By (Name oflnsurance Company) Westchester Su lus Lines Insurance Com an Insert the policy number. The remainder of the infonnation is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy, provided that: a. The additional insured is a named insured under such other insurance; and b. The named insured has agreed in a written contract or agreement that this insurance would: (1) act as primary insurance; and (2) would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. ENV-3253 (12-18) (266562.2) Includes copyrighted material oflnsurance Services Office, Inc. with its permission 8 59560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 21 of 24 Page 1 oft Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Named Insured Endorsement Number Joe's Pavina Companv Inc. Policy Symbol I Policy Number I Policy Period Effective Date of Endorsement CPW G7428971A 002 04/05/2024 to 04/05/2025 04/05/2024 Issued By (Name of Insurance Company) Westchester Surolus Lines Insurance Comoanv Insert the policy number. The remainder of the information Is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract, prior to a loss to which this insurance applies. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143 (03-05) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 8 59560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1: 50: 05 PM (PST) I Page 22 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Joe's Paving Company, Inc. UNITID SPICIAL TY INSURANCI COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VENX 002 011119 PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART Any coverage provided to an Additional Insured shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless: 1) A written contract or written agreement fully executed prior to the named insureds work specifically requires that this insurance apply on a primary and non-contributory basis; or 2) Prior to a loss, you request in writing and we agree that this insurance shall apply on a primary and non-contributory basis. All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged. Includes copyrighted material of Insurance Services Office, Inc. VENX 002 01 11 19 Page 1 of 1 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 23 of 24 Docusign Envelope ID: 6C2998E1-5630-4082-94EB-075C42A9CE43 Joe's Paving Company, Inc. POLICY NUMBER: ATN25211686 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VEN 079 01 (03/18) POLICY LIMITATION -TOTAL AGGREGATE LIMIT FOR ALL CONSTRUCTION PROJECTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE SECTION Ill -LIM ITS OF INSURANCE -2, is amended by the addition of the following: d. The General Aggregate Limit, shown in the Policy Declarations, applies separately to each "construction project". e. Notwithstanding the application of the General Aggregate Limit to each "Project" of the Named Insured, under no circumstances shall we pay more than-$5,000,000 for all claims under this policy that are subject to the General Aggregate Limit. The following are ad ded to the DEFINITIONS section of this policy: "Construction project" means any construction project, development, property, or group of properties, including all premises, phases, lots, and areas of such project, development, or property, and any building or group of buildings or other structures contained in any business or housing project, development, subdivision, or business park. If a construction project, or construction activity related thereto, has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same location or construction project under this endorsement. Muliple jobs, work orders, purchase orders, change orders or work done at multiple locations under one contract or master contract are not considered separate "construction projects" within the meaning of this policy. AL L OTHER TERM S AND CON DITIONS OF THE POLI CY REMAIN UNCHAN GED. VEN 079 01 (03/18) Page 1of 1 89259560 I 25/26 POLL/WC/GL/AU/UMB/IM I Sondra Alvarado I 2/12/2026 1:50:05 PM (PST) I Page 24 of 24