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Home My WebLink AboutAyala Engineering; 2018-03-30; PKRC657CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT REHABILITATE PINE AVENUE RESTROOM WET WELL CONT. NO. PKRC857 Tracking#: This agreement is made on the s.%tl:J day of~ A ob , 20J2by the City of Car1sbad, California, a municipal corporation, (herei~~ed "City''), and Ayala Engineering, a sole proprietorship whose principal place of business Is 8482 East Meadowridge Street, Anaheim, CA 92808 (hereinafter called "Contractor''). City 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 an labor, materials, toots, 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, 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 Gar1sbad 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: Morgan Rockdale (City Project Manager) WAGE RATES. 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 Sections 1 no, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1 TT3.2 of the Labor Code, a current copy of the applicable wage rates Is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevalllng rates of wages to all workers employed by him or her In execution of the Contract. Contractor shall be responsible for Insuring compliance with provisions of section 17Tl.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act" The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shafl apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be Usted in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless CUfT8l1tlY registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1 TT6 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for ln~on. Contractor shall require any subcontractors to comply with Section 1776 . . ,, REHABILITATE PINE AVENUE RESTROOM WET WELL CONT. NO. PKRC657 Page 1 of6 City Attorney Approved 9/27/2016 Tracking#: FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth In this agreement and not In anticipation of nttgation or In conjunction with lltlgation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides tor civil penalties where a person knowingly submits a false dalm 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 Garlsbad 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 the City of Car1sbad to disqualify the Contractor or subcontractor from participating In contract bidding. Signature: ~ ~ Print Name: z c, 194-P Q ~µ,y REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, 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 the City prior to the start of work. The mlniml.f11 llmits 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 • AX'; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarter1y listings report. Commercial General Liability Insurance of Injuries Including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same Umlt for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage Insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amoLH1t of $1,000,000 combined single limit per accident for bodlly lflury and property damage. In addition, the auto policy must cover any vehicle used In the performance of the contract, used onslte 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 llmlted in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days wrttten notice shall be given to the City prior to such cancellatlon. The polldes shall name the City of Carlsbad as an additional Insured. The full llmlts available to the named Insured shall also be available and applicable to the City as an additional Insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' 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. REHABILITATE PINE AVENUE RESTROOM WET WELL CONT. NO. PKRC657 Page 2 of 6 City Attorney Approved 9/27'2016 Tracking#: INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and Indemnify and hold harmless the City, and its officers and employees, from 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 lnduding 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 the City. The expenses of defense include all costs and expenses Including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within fourteen (14) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within twenty-one (21) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMA TlON. II II II II II II Ayala Engineering (name of Contractor) 959385 (Contractor's license number) Class A, 3131/19 ~icense class. and exp. date) 1000005012 {DIR registration number) 6!30/18 (DIR registration exp. date) REHABILITATE PINE AVENUE RESTROOM WET WELL CONT. NO. PKRC657 Page 3 of 6 8482 East Meadowridge Street ( street address) Anaheim, CA 92808 (city/state/zip) 714-823-7179 (telephone no.) 714-912-4571 (fax no.) Ricardo@Ayalaengineer1ng.com (e-mail address) City Attorney Approved 9/2.7/2.016 Tracking#: AUTHORITY. The lndMduals executing this Agreement 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 Agreement CONTRACTOR By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of Calif: mia By: or Department Director as authorized by the City Manager AJ!EST· (} • \~ 117~!r---- BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .ILJl corooration, Agreement must be signed by one corporate officer from each of the following two groups: GroupA 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: CELIA A BREWER, City Attorney BY:~ ~City Attorney REHABILITATE PINE AVENUE RESTROOM WET WELL CONT. NO. PKRC657 Page 4 of 6 City Attorney Approved 9/27/2016 Tracking#: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the tun name and locatlon 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 sub-contractor for any portion of the Project to be perfonned under the contract In excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perfonn such portion, and that the Contractor shall not be pennitted to sublet or subcontract that portion of the wor1<, except in cases of public emergency or necessity, and then only after a finding, reduced In writing as a public record of the AwEl'ding 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 Gallfomla Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classlflcatlon & Total Exnlratlon Date Contract ,,,v/4 / Total% Subcontracted: --,1<-(Zf ___ _ I The Contractor must perfonn no less than fffty percent (50%) of the work with Its own forces. REHABILITATE PINE AVENUE RESTROOM WET WELL CONT. NO. PKRC657 Page 5 of 6 City Attorney Approved 9/2.7/2016 ·r EXHIBITS SCOPE OF WORK Ayala Engineering will rehabilitate the interior of the Pl~ Avenue restroom wet well. Work includes: • Remove existing wet well floor • Excavate soil 12" below grade • Removesoil • Install #4 rebar • Pour new concrete floor • Prepare surface of entire structure for epoxy • Taper perimeter of floor to assist cleaning • Apply Epoxy Lining System to entire floor and vertical wall (no lid) o Application at 150 millimeters thick • Test well per manufacturers recommendations • Provide 5-year warranty on epoxy coating application The City shall: • Isolate well • Provide access to well • Remove interior hardware and pumps • Perform initial cleaning • Keep restrooms off line during construction • Provide temporary restrooms during construction ITEM·: ;·UNIT . QTY.·,.,· .No .... · ·.· r· JOB QUOTATION 1 Job Rehabllltate Pine Avenue Restroom Wet Well TOTAL NOT TO EXCEED* *Includes taxes, fee's, expenses and all other costs. REHABILITATE PINE AVENUE RESTROOM WET WELL Tracking#: -I, '• · .. ···-,PRJce·· ' •,.'. "•. $17,900.00 $17,900.00 CONT. NO. PKRC657 Page 6 of 6 City Attorney Approved 9127/2016 :'' .ACKNOWLEDGMENT A notary pubflc or.other officer mmpleting tJ-us certiflcate verffies only the identity of the ·1ndrvidual who 'signed the documehi to whdi this certificate ls attached, and oot the truthfulness, accuracy, or· vahdity of that document State of Cal'rfomia County of Orange before me, {dQrr-dt ~?q li/r,/k I.J~~ (J~) <:_ _ ("msert n~me and title of the orncer) On personally aPf'eared :::Rh:Af:J c /l,.J,"-/..,_ . , who pruv~ to me on the basis of satistacto;;;\,jdence to be the person"{s) whose name(s~are subscnbed to the within instrument and acknowledged to me m·at:9Jshe/they executed the same in ~erltheir authori:z.ed capacrtyties), and mat b~er/their signature(s) on the ristnrnem the person(s), or the entity upon behatf of whjch the person(s) acted, executed the instrume nl . I certify under PEN)lj_ TY OF PERJURY under the laws of the State oi Califomla that the torngoing paragraph ls true and correct WITNESS my hand and official seal. at c, c ee 4h e e e e e •1 GARRITT KEVIN MILLER Ji) Notary Public -California , ;,; -< Orange County ~ ?ii Commission #2178664 My Comm. Expires Jan 7, 2021 · Slgn:at.Jre \ ~ CERTIFICATE OF LIABILITY INSURANCE I DAT& (MIIIDD/YYYY) 2/20/2018 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 AFFORD!D BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONS11TUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESE!NTATIV! OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certlflcatlil holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, aubJect to the terma and conditions of the policy, certain pollclea may require an endorsement. A atatsment on this certificate doee not confer rights to the certificate holder In Ueu of such .... 11}. PRODUCER ~ f~l,,7 Deal~enton & Associates t1 >l,t ~ 714-427-6810 Ir~ N<>\· 114-421-6818 P. 0. 10650 'J ,L. Santa Ana CA 92711--0550 IN&Ul>IIDI., APl'OROINO COVERAOil NAICI 1NSUR&R A : Wesco Insurance Comoenv IH8URBD AYALAENGI RRIR&RB: Landmark American Insurance r ~u,u-,,y ~ala E11neerlng, INSURER c: state Comoensetlon Ins. Fund of CA 35076 53 E. ante Ana.Canyon #G-571 INSURER o : Tokio Marine -·· Insurance Anaheim CA 92807 IH!U-1!: . IIHII IIK<A. F : COVERAGES CERTIFICATE NUMBER: 1394021215 REVISION NUMBER: THIS 18 TO CERTIFY THAT THE POUClES 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 CONDmONS OF SUCH POLICIES. UAITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r:r:: TYPI! 01' IN8URAHCI! , ....... ........ Pnl.JCYMI ....... I> l'\}l.,l\.l'liFF !~ LMIT8 B X COIIMl!RCIAI.Gl!Nl!RALUASIUTY y y LHA139880 2/8/2018 ~19 EACH OCCURR61CE $1 IXYIOOO -D CIJoJMS.MADE 0 OCCUR ~~~~=~ I--S60.000 0--MED EXP,._..., one perQJ) $MOO PERSONAL & ArN INJURY 0--S 1 000000 <3EN'LAGGREGATE UMlT APPLIES PER: GENERAL AGGREGATE S2.00000J Fl = 018i D LOC PRODUCTS -COMP/OP AGG $ 2.000.000 ' A AUTOMOBIUi LIABILITY y y -¼PP1-40683-402 2/7/2018 2181201" =· __ slNGl..E LIMr, S 1 nmruv, ~AUTO BOOIL Y INJURY (Par pwson) s x AU.OWNED -SCHEDULED BOOlL Y INJURY (Per IICddlnl) s -AUTOS ,__ AlJT08 X HIRED AUTOS X NON-O\'JNED ,~~~ ' AUTOS -I--• D X UMSREL1.A UAB N OCCUR PIJB617-403 2/Bl'l018 ' 2/8/201" EACH OCCURRENCE $ ~ rvv, 000 l!XCES8 LIAS CLAIMS-MADE AGGREGATE S 8000.000 ni::n I Inc -I $ C WORKIR8 COUNNSATION y II00496618 2/8/2018 2/8/2019 X I lmTI= I I ~H-AHD l!IIIPLOYER8' UASIUTY Y/N NN PROPRIETOR/PAR1lER/EXl!CUTIVe II] N/A E.L EACH ACCIDENT $ 1 _oon ooo OFFICER/MEMBER EXClUDEO? (Mandllory In NH) E.L Dl8EABE -EA EP.PI.OYEf $1 000000 lfves.d89ahllider IOF -~,......,,., E.L DISEASE -POLICY LIMIT $1.000000 DESCftlPTION 01' OPERATIONa/ LOCATION8 IWHICLEI (ACORD 1D1, Adcltlonll Ramarb 8clildull, may be attached If more 1P1G8 Is required) Re: All Operations as pertains to named Insured. The City of Car1sbad ls Addltlonel Insured as respects to General UabUlty coverage as required by wrttten contract. CERTIFICATE HOLDER City of Carlsbad 1635 Faraday Ave Cartsbad CA 92008 ACORD 25 (2014/01) CANCELLATION 30 SHOULD ANY OF THE ABOVE DESCRJ~ POLICES ee CANCEU.ED BEFORE TH! EXPIRATION DATE THEREOF, NOTICE WB..L ee D!.LJVEREO IN ACCORDANCE WITH THE POLICY PRO\/l8IONS. @ 1988-2014 ACORD CORPORATION. All rlghbl reaerved. The ACORD name and logo are reglsteted marks of ACORD V I POLICY NUMBER: V\IPP1406834 02 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM Wrth respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed Organlzatloll8, Employee Hired Car LlablUty and Blanket Addltlonal Insured Statu8 for Certain Entitles. Item 1. Who Is an Insured of Paragraph A. Coverage under SECTION II-COVERED AUTOS LIABILITY COVERAGE is amended to add: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited llabllity company, and over which you maintain ownership of a majority interest (greater than 50%), wlU qualify as a Named Insured; however, (1) coverage under this provision Is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever Is earlier; (1) coverage does not apply to "bodily injury'', "property damage" or "covered pollution cost or expense" that results from an "accident" which occurred before you acquired or formed the organization; and (3) coverage does not apply If there Is other similar Insurance available to that organization, or if similar insurance would have been avaflable but for Its termination or the exhaustion of Its limits of Insurance. This Insurance does not apply if coverage for the newly acquired or formed organization Is excluded either by the provisions of this coverage form or by endorsement. e. An "employee" of yours 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. f. Any person or organization you are required by written contract or agreement to name as an additional "Insured", but only1wlth respect to llabHlty aeated In whole or In part by such agreement a Increase Of Lon Earnings Payment Subpart (4) of a. Supplementary Payments of Item 2. Coverage Extensions of Paragraph A. Coverage under SECTION II -COVERED AUTOS LIABILITY COVERAGE Is amended to reacl: (4) We will pay reasonable expenses incurred by the "Insured" at our reqU88t, includlng actual loss of earnings up to $1,000 per day because of time off from work. C. Fellow Employee Injured By Covered Auto You Own Or Hire Item 6. Fellow Employee of Paragraph B. Exclusions under SECTION II-COVERED AUTOS LIABILITY COVERAGE ls amended to add: This exclusion does not apply If the ''bodily injury'' results from the use of a covered "auto.,, you own or hire. Such coverage as is afforded by this provision Is excess over any other collectible insurance. CA990187 0716 Includes Copyrighted Materlal of Insurance Services Offices, Inc. Page 1 of 6 Used with penniaelon D. Limited Automatic Towing Coverage Item 2. Towing, of Paragraph A. Coverage, under SECTION Ill-PHYSICAL DAMAGE COVERAGE is amended to read: 2. Towing We will pay for towing and labor costs each time that a covered wauto0 Is disabled. All labor must be performed at the place of disablement of the covered a. The Hmlt for towing and labor for each disablement Is $500; b. No deductible appllee to this cover- age. E. Item 3. Glass Breakage-Hitting A Bird Or Anlmal -Falllng Objects or Mias Ilea of Paragraph A. Coverage under SECTION Ill -PHYSICAL DAMAGE COVERAGE, Is amended to add: Glass Repair Coverage We wlll waive the Comprehensive deduc:tlble for Glass, If one Is Indicated on your covered "auto", for glass repairs. We will repalr at no cost to you, any glass that can be repaired without replacement. provided the 'ioss" arises from a covered Comprehensive '1oss" to your nauto". F. Increase or Transportation Expense Coverage Subpart a. Transportation Expenses of Item 4. Coverage Extensions of Paragraph A. Coverage under SECTION Ill- PHYSICAL DAMAGE COVERAGE Is amended to read: a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense Incurred by you because of the total theft of a covered "auto" of the prtvate passenger type. We win pay only for th088 CO\lered nautos" for which you oany either Comprehensive or Spectfled Causes of Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses Incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" Is returned to use or we pay for its "loss". G. "Personal Effects" Coverage Item 4. Coverage Extensions of Paragraph A. Coverage, under SECTION Ill- PHYSICAL DAMAGE COVERAGE Is amended to add: ' "Personal Effects" Coverage We will pay actual cash value for "loss" to "personal effects" of the "Insured" while In a covered "auto" subject to a maximum limit of $2,500 per ioss", for that covered nauto" caused by the same "accident''. No deductible win apply to this coverage. H. "Downtime Lon" Coverage Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION HI. PHYSICAL DAMAGE COVERAGE, is amended to add: "Downtime L088" Coverage We will pay any resulting "downtime loss" expenses you sustain as a result of a covered physical damage "toss" to a covered "auto" up to a maximum of $100 per day, for a maximum of 30 days for the same physical damage '1oss•, subject to the foffowing conditions: a. We Ytill PfOVlde "downtime loss" beginning on the 5 \ day after we have given you our agreement to pay for repairs to a covered "auto" and you have given the repair facility your authorization to make repairs; b. Coverage for "downtime loss" 8XP8'1869 will end when any of the following occur: (1) You have a spare or reserve "auto" avaHable to you to continue your operations. (2) You· purchase a replacement "auto". (3) Repairs to your covered "auto" have been completed by the repair facility and they detennlne the covered "auto" Is road-worthy. (4) You reach the 30 day maximum coverage. CA990187 0716 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with pannlaslon I. Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION Ill. PHYSICAL DAMAGE COVERAGE, Is amended to add: We will pay any resulting rental reimbursement expenses Incurred by you for a rental of an "auto" because of "loss0 to a covered "auto0 up to a maximum of $100 per day, for a rnaxl1TUJm of 30 days for the same physical damage "loss", subject to the following conditions: a. We will provide rental reimbursement Incurred during the policy period beginning 24 hours after the '1oss" and ending, regardl888 of the policy expiration, with the number of days reasonably required to repair or replace the covered "auto". If the '1oss" Is caused by theft, this number of days is the number of days It takes to locate the covered "auto" and return It to you or the number of days It takes for the claim to be settled, whichever comes firat. b. Our payment Is limited to necessary and actual expenses incurred. c. This coverage does not appty while there are spare or reserve "autos" available to you for your operations. d. If a "lossM 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. J. "Personal Effects" Exclusion Paragraph B. Exctualons under SECTION Ill-PHYSICAL DAMAGE COVERAGE, Is amended to add: "Personal Effects" Exclualon We wHI not pay for "loss" to "personal effects• of any of the follovJlng: a. Accounts, bllls, currency, deeds, evidence of debt, money, notes, securities or commercial paper or other documents of value. b. Bullion, gold, silver, platlnum, or other precious alloys or metals; furs or fur garments; jewelry; watches; precious or semi-precious atones. c. Paintings, statuary and other works of .art. d. Contraband or property In the course of Illegal transportation or trade. e. "Loss" caused by theft, unless there ls evidence of forced entry into the covered "auto" and a police report Is filed. K. Accidental Airbag Discharge Coverage Item 3.a. of Paragraph B. Exclusions under SECTION Ill-PHYSICAL DAMAGE COVERAGE Is amended to react: a. Wear and tear, freezing, mechanical or electrical breakdown. The exclusion relating to mechanical break-down does not apply to the accidental discharge of an air bag. L. Loan or Lease Gap Coverage Paragraph C. Umlt Of Insurance under SECTION Ill-PHYSICAL DAMAGE COVERAGE ls amended to add: If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on It, we will pay, In the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto•, less: a. The amount paid under the Physlcal Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan pay~ Including penalties, Interest or other charges resulting from overdue payments at the time of the "loss"; (2) Flnancial penalties Imposed under a lease for excessive use, abnormal wear and tear or high mlleage; (3) Costs for extended warranties, Credit Life lnaurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by the lessor; and (6) Carry-over balances from previous loans or leases CA990187 0715 Includes Copyrighted Material of Insurance Servlcee Offices, Inc. Page 3 of 6 Used with permission M. Aggregate ~eductlble Paragraph D. Deductlble under SECTION Ill-PHYSICAL DAMAGE COVERAGE is amended to add: Regardless of the number of covered "autos" Involved In the same "loss", only one deductible will apply to that "loss". If the deductible amounts vary by "autos", then only the highest applicable deductible will apply to that "loss·. N. Diminishing Deductible Paragraph D. Deductible under SECTION Ill-PHYSICAL DAMAGE COVERAGE Is amended to add: Any deductible wlH be reduced by the percentage indicated . below on the first "loss" reported during the corresponding policy period: Loss Free Poftcy Periods Deductible With the Expansion Reduction on the Endorsement first "loss" 1 0% 2 26% 3 60% 4 76% 5 100% If we pay a Physical Damage "loss" during the policy period under any BUSINESS AUTO COVERAGE FORM you have with us, your deduotlble stated In the Declarations page of each such COVERAGE FORM will not be reduced on any subsequent claims during the remainder of your policy period and your deductible reduction wlU revert back to 0% for each such COVERAGE FORM If coverage Is renewed. 1. Knowledge of Loss and Notice To Us Subsection a. of Item 2. Duties In the Event of Accident, Clalm, Sult or Loss of Paragraph A Loss Conditions under SECTION W -BUSINESS AUTO CONDITIONS Is amended to add: However, prompt notice of the ~accident", claim, "suit" or "loss" to us or our authorized representative only applies after the "accident", claim, "suit" or "loss" Is known to: (1) You, if you are an Individual; (2) A partner, If you are a partnership; (3) An "executive officer" or director, if you are a corporation; (4) A manager or member, If you are a limlted llablllty company; (5) Your Insurance manager; or (6) Your legal representative. P. Waiver Of Subrogation For Auto Liablllty Losses Assumed Under Insured Contract Item 5. Transfer Of Rights Of Recovery Against Others To Us of Paragraph A. Loss Conditions under SECTION W - BUSINESS AUTO CONDITIONS Is amended to read: 5. Transfer of Rights of Recovery Against Others To Us If any person or organization to or for whom we make payments under this Coverage Form has rights to recover ~mages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothlng after an "accident" or "loss" to Impair them. However, if the Insured has waived those rights to recover through a written contract, we wlll waive any right to recovery we may have under this Coverage Form. Q. Insurance Is Primary and Noncontributory Subpart a. of Item 5. Other Insurance of Paragraph B. General Conditions under SECT! ON W-BUSINESS AUTO CONDITIONS is amended to read: a. This Insurance is primary and noncontributory, as respects any other insurance, If required In a written contract wfth you. R. Other lnsurance-HlredAuto Physical Damage Subpart b. of Item 5 .. other Insurance of Paragraph B. General Conditions under SECTION W-BUSINESSAUTO CONDITIONS Is amended to read: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autosn you own: (1) Any covered "auto" you lease, hire, rent or borrow; and CA990187 0716 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission (2) Any covered "auto• hired or rented by your "employee" under a contract In that Individual "employee's" name, with your permission, while perfonnlng duties related to the conduct of your buslness. However, any "auto" that Is leased, hired, rented or borrowed with a driver Is not a covered "auto". S. Unlntentlonal Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV-BUSINESS AUTO CONDI- TIONS Is amended to add: 9. Your failure to disclose all hazards existing as of the Inception date of this policy shall not prejudice the coverage afforded by this poricy, provided that such failure to disclose all hazards Is not intentional. Hov-,ever, you must report such previously undlsclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V -DEFINITIONS Is amended to add: "Personal effects" means personal property owned by the "Insured". "Downtime loss" means actual loss of "business Income" for the period of time that a covered nauto": 1. Is out of servlce·for repair or replacement as a result of a covered physical damage "loss" and 2. Is In the custody of a repair facility If not a total "lossu. "Business Income" means: 1. Net Income (Net Profit or Lose before income taxes) that would have been earned or Incurred; and 2. Continuing normal operating expenses Incurred, Including payrolf. In this endorsement. Hgdfnqs and JWn are Inserted aolely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and condltl009 of this endorsement All other policy wording not speclflcally changed, modified, or replaced by this CA990187 0716 Includes Copyrighted Material of Insurance Services Offices, Inc. Used with pennlsalon Page 5 of S LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET-PRIMARYANDYOURWORK This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any person or organization to whom or to which you are obligated by virtue of a written contract or by the Issuance or existence of a written permit, to provide Insurance sudl as Is afforded by this policy. A. SECTION II -WHO IS AN INSURED Is amended to Include as an additional Insured the person(&) or organlzatlon(s) shown In the SCHEDULE, but only with reapect to liability for "bodily Injury", uproperty 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 beha~; In the performance of your ongoing operations; and/or "your work" defined for the addltlonal lnsured(s) designated above Included In the "products-completed operations hazard". B. If you are required by a written contract to provide primary Insurance, this policy shall be primary and SECTION IV -COMMERCIAL GENERAL LIABILITY CONDmONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective , 2/8/2018 forms part of Polley Number LHA139260 issued to AYALA ENGINEERING by Landmark American Insurance Company RSG 15017 1207 (1185) Includes copyrighted material of Insurance Services Office, Inc. 1984 with Its permission LANDMARK AMERICAN INSURANCE COMPANY 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 FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any Person or Organization A8 Required By Written Contract The following Is added to SECTION IV -CONDmONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US: We waive any right of recovery we may have against the person or organization shown In the SCHEDULE above because of payment we make for injury or damage arlslng out of your ongoing operations, "your product" or "your work" done under a written contract with that person or organization and Included In the "product-completed operations hazard". This waiver appnes only to the person or organization shown In the SCHEDULE above. This endorsement effective 2/8/2018 forms part of Polley Number LHA139260 Issued to AYAf..A ENGINEERING by Landmark American Insurance Company RSG 14048 1008 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission. ' ' ' SJ"ATE .:. _r .. ,..-~ !-...,, r,'f1;,:•i,." •f ~; IJ -.I I,•,!",:,: .FUND ~ &l'J'BCTIVE i'BBROARY 8, 2018 A1' 12.01 A.M. .AND EXPIRING B'BBROARY 8, 2019 AT 12.01 A.M. 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WAIVE OR EXTEND All'( 0, THE TIRMS, CONDmONS, AGAEEMENTI, OR LIMITAT10NI OP nu POLICY OTtER THAN A8 S'TAT&D. NOTHWG EL8IWHERE IN . THIS POUC\' atALL E tE.D TO Ylilft, AL TEA, WAM OR LIMIT THI TIRMI, CONMT10NI, AGllll!MElfiS OR LIMITATIONS OF THIS l!NDORSDll!NT. li'BBROARY 12, 20J8 g__..xf!~ 1 PfESIDENTA!#JCEO 2S72 OLD DP 217