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HomeMy WebLinkAboutJoes Paving Company Inc; 2019-03-20; PKRC694CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT ROOSEVELT PARKING LOT REPAIR: CONTRACT PKRC694 Tracking#: This letter will serve as an agreement between Joe's Paving Company, Inc., a corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to repair the parking lot at Roosevelt Street and Carlsbad Village Drive, per the attached scope of work and City specifications, for a sum not to exceed four thousand nine hundred ninety-five dollars ($4,995.00). This work is to be completed within forty-five days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers, officials, employees and volunteers, 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 this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers' Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Insurance is 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. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4, California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Go~er t Code~10 s 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. init init , 6. The Contractor hereby acknowledges that debarment by another jurisdiclion/~~y of Carlsbad to disqualify the Contractor from participating in contract bidding. nit ·nit 7. 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. ROOSEVELT PARKING LOT REPAIR: CONTRACT PKRC694 --1 -City Attorney Approved 2/29/2016 Tracking#: 8. 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 Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the work covered by this Letter of Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 9. City Contact: Morgan Rockdale, 760-434-2985 Contractor Contact: John Martinez 760-749-0519 CONTRACTOR PO Box 99 Valley Center, CA 92082 760-749-0519 johnm@pavingamerica.com By: (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By ~ Parks ~firector Dated: 3·'10·11 (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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: ~ Deputy City Attorney ROOSEVELT PARKING LOT REPAIR: CONTRACT PKRC694 --2 --City Attorney Approved 2/29/2016 EXHIBIT A SCOPE OF WORK Tracking#: Joe's Paving Company, Inc. will repair the parking lot located at Roosevelt Street and Carlsbad Village Drive. Work includes: • Remove small concrete planter curb, buckled asphalt, and tree roots • Grind asphalt • Compact soil • Apply 2" and 4" hot asphalt mix • Restripe entire parking lot City will remove existing tree and stump. Agreement shall not exceed $4,995.00. ROOSEVELT PARKING LOT REPAIR: CONTRACT PKRC694 --3 --City Attorney Approved 2/29/2016 ALL-PURPOSE ACKNO\VLEDGMENT 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 } Countyof SAN JJt~ SS. On -~-.--_ -_-~q=o~,_, .. -TJ~-=-t,b_ -_ -_(~1.:~~-,-be_D_or-e -m-e, -~J~Q~~_S;_c,;;_~t:l-=--=--=--=----' Notary Public, personally appeared _ _.G....,_.MlH~._....._t--v~-'+"'-A-~--A:9~...__.~'-=· ..__ _______ , 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 PLACE NOTARY SEAL lN ABOVE SPACE and acknowledged to rrie 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true a d correct. Y"S SIGNATURE OPTIONAL INFORMATION --------• below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to a nauthorized document. 0 INDIVIDUAL 0 CORPORATE OFFICER □ □ □ □ □ PARTNER(S) ATTORNEY-IN-FACT GUARDIAN/CONSERVATOR ,,,,,.-· SUBSCRIBING WITNESS/ OTHER: ----~~~-------,~ SIGNER (PRINCIPAL) IS REPRESENTING: NAME OF PERSON(SJ OR ENTJTY(lESJ DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER OTHER .-\I',\ 0 I 20 Ii NOTARY BONDS. SUPPLIES .-\ND FOR:\IS .~TI ITTP ! WW\\ VALL!:Y-SIERR·\ CO\/ C 2005-2017 V.-\LLtY-SIERR.\ INSURANCE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 oo:o:Hoooo:1UJ:o:o:©:o:o:o:o:o:•o:o:o:o:o:oo:o-11:o:1co:§:o:tJos 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 s'A V\ L) i elf""} On __ 3--4-)_7~/~1 'f+------before me, } Date ~ personally appeared ----'Se,__, ....... %J __ L.t'\~ __ ,K._ie__,,_fJ_k--".-o __________________ _ _____________ N_a_me(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~hose name(arfs/ai:e---subscribed to the within instrument and acknowledged to me that he/sho/thoy executed the same in his/treTtthe+f.. authorized capacity(i_~nd that by his/~ir signature{at-on the instrument the perso~r the entity upon behalf of which the person_.(s}-acted, executed the instrument. r .· C C C C C C C ·v .• Mlc°LE'oo C •• ·1 a Commission# 2134148 < Notary Public -California ~ z > z San Diego County -J ••••• ,Ml ~OT"l ggJrts pez 1s.2%1 et 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 true and correct. 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: ____________________________ _ Document Date: _______________________ 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 of Conservator □ Trustee □ Guardian of Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ 880081 100:1 1:0:0:0:1 a 13 D ffl0000:81 U C8000!80:808CJ80B03 a Rt30I a D D a II a a II Cl C0:8Q:80U,()IJ.OOOOO:o:0011ua 1111 i O 111 i 0 ©2017 National Notary Association ACORDa CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 11/16/2018 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 AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 Patriot Risk & Insurance Services CONIACT NAME: 2415 Cami:,us Drive, Suite #200 "'•~~N,l'n "-"· (949) 486-7900 I FAX /949) 486-7950 IA/C Nol: Irvine, CA 92612 E-MAIL ADDRESS: INSURERISl AFFORDING COVERAGE NAIC# www.patrisk.com OK07568 INSURER A: Wesco Insurance ComDanv 25011 INSURED INSURER B: Great American Insurance Comoanv 16691 Joe's Pavin~ Company, Inc. INSURERC: Insurance Comoanv of the West 27847 P.O. Box 9 Valley Center CA 92082 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 45456175 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. ADDL SUBR INSR /OLICYEFF (~~~'&~\ LTR TYPE OF INSURANCE ···~~ -~·~ POLICY NUMBER MM/DDNYYYl LIMITS A ...L COMMERCIAL GENERAL LIABILITY I WPP1597804 01 11/19/2018 11/19/2019 EACH OCCURRENCE $1000000 ~ Cl.AIMS-MADE W OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $300 000 ...L Deductible $5,000 MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $1000000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl POLICY [2J .\'if& Owe PRODUCTS -COMP/OP AGG $2 000 000 OTHER: $ A AUTOMOBILE LIABILITY I WPP1597804 0 11/19/2018 11/19/2019 COMBINED SINGLE LIMIT $1 000,000 /Ea accident\ -L ANY AUTO BODILY INJURY (Per person) $ -OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS --HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY /Per accident\ $ f------ I Como/Collisio1 D1 kl s 1 ooo $ B L UMBRELLA LIAB ~ OCCUR SBE 2318922 01 11/19/2018 11/19/2019 EACH OCCURRENCE $1 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1 000 000 DED I I RETENTION$ $ C WORKERS COMPENSATION WSD503029703 6/1/2018 6/1/2019 ✓ I ~ffTuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE GJ N/A E.L. EACH ACCIDENT $1000000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1 nnn nnn If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1 000 000 A Leased/Rented Equipment WPP1597804 01 11/19/2018 11/19/2019 Limit $100,000 / Deductible $1,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Oceanside street parking lot, 1166 Carlsbad Village Drive, Carlsbad, CA 92008 / Seal and Restripe / Job #17323 City of Carlsbad is named as Additional Insured as respects to General Liability and Auto 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Parks & Recreation ACCORDANCE WITH THE POLICY PROVISIONS. 799 Pine Avenue, Suite #200 Carlsbad CA 92008 AUTHORIZED REPRESENTATIVE V,__:_.lA~ I Dave Jacobson © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 45456175 I 18/19 GL/AU/UMB/IM/WC I Dena Kurtz I 11/16/2018 3,54,44 PM (PST) I Page 1 of B This certificate cancels and supersedes ALL previously issued certificates. ./ POLICY NUMBER:WPP1597804 01 Joe's Paving Company, Inc. COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Addltlonal Insured Person(s) Or Organization(&) Location(&) Of Covered Operations Blanket as required by written contract. Blanket as required by written contract. 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", "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. 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 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 insured(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 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 45456175 I 18/19 GL/AU/UMB/IM/WC I Dena Kurtz I 11/16/2018 3, 54 ,44 PM (PST) I Page 2 of 8 This certificate cancels and supersedes ALL previously issued certificates. C. 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. Page 2 of2 @ Insurance Services Office, Inc., 2012 CG 2010 0413 45456175 I 18/19 GL/AU/UMB/IM/WC I Dena Kurtz I 11/16/2018 3,54,44 PM (PST) I Page 3 of 8 This certificate cancels and supersedes ALL previously issued certificates. Joe's Paving Company, Inc. POLICY NUMBER: WPP1597804 01 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 Information reauired 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 45456175 I 18/19 GL/AU/UMB/IM/WC I Dena Kurtz I 11/16/2018 3,54,44 PM (PST) I Page 4 of 8 This certificate cancels and supersedes ALL previously issued certificates. Joe's Paving Company, Inc. POLICY NUMBER:wPP1597804 o COMMERCIAL AUTO CA990187 10 13 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 With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed Organizations, Employee Hired Car Liability and Blanket Additional Named Insured Status for Certain Entities. 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 liability com-any, and over which you maintain ownership of a majority interest (greater than 50%), will qualify as a Named Insured; however, (1) coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) 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 available 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 only with respects to liability created in whole or in part by such agreement. B. Increase Of Loss 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 read: (4) We will pay reasonable expenses incurred by the "insured" at our request, including 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 5. Fellow Employee of Paragraph B. Exclusions under SECTION II -COVERED AUTOS LIABILITY COVERAGE is 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. D. Limited Automatic Towing Coverage Item 2. Towing, of Paragraph A. Coverage, under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to read: 2. Towing Page 1 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA99018710 13 Used with permission 45456175 I 18/19 GL/AU/UMB/IM/WC I Dena Kurtz I 11/16/2018 3, 54, 44 PM (PST) I Page 5 of 8 This certificate cancels and supersedes ALL previously issued certificates. We will pay for towing and labor costs each time that a covered "auto" is disabled. All labor must be performed at the place of disablement of the covered "auto". a. The limit for "autos" other than private passenger types is $250; b. The limit for "autos" of the private passenger type is as shown in the Declarations; c. No deductible applies to this cover- age. E. Item 3. Glass Breakage -Hitting A Bird Or Animal -Falling Objects or Missiles of Paragraph A. Coverage under SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to add: Glass Repair Coverage We will waive the Comprehensive deductible for Glass, if one is indicated on your covered "auto", for glass repairs. We will repair at no cost to you, any glass that can be repaired without replacement, provided the "loss" arises from a covered Comprehensive "loss" to your "auto". F. Increase Of 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 private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified 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 "loss", for that covered "auto" caused by the same "accident". No deductible will apply to this coverage. H. "Downtime Loss" and Rental Reimbursement Coverage Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION Ill. PHYSICAL DAMAGE COVERAGE, is amended to add: "Downtime Loss" and Rental Reimbursement Coverage We will pay any resulting "downtime loss" and rental reimbursement expenses you sustain as a result of a covered physical damage "loss" to a covered "auto" up to a combined maximum of $100 per day, for a maximum of 30 days for the same physical damage "loss", subject to the following conditions: a. We will provide "downtime loss" and rental reimbursement beginning on the 5th day after: (1) 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; or (2) Coverage for "downtime loss" and rental reimbursement expenses will end when any of the following occur: (a) You have a spare or reserve "auto" available to you to continue our operations. (b) You purchase a replacement "auto". (c) Repairs to your covered "auto" have been completed by the repair facility and they determine the covered "auto" is road-worthy. (d) You reach the 30 day maximum coverage. I. "Personal Effects" Exclusion Paragraph B. Exclusions under SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to add: "Personal Effects" Exclusion We will not pay for "loss" to "personal effects" of any of the following: Page 2 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA99018710 13 Used with permission 45456175 I 18/19 GL/AU/UMB/IM/WC I Dena Kurtz I 11/16/2018 3,54,44 PM (PST) I Page 6 of 8 This certificate cancels and supersedes ALL previously issued certificates. a. Accounts, bills, currency, deeds, evidence of debt, money, notes, securities or commercial paper or other documents of value. b. Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry; watches; precious or semi-precious stones. 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 is evidence of forced entry into the covered "auto" and a police report is filed. J. Accidental Airbag Discharge Coverage Item 3.a. of Paragraph B. Exclusions under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to read: 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. K. Loan or Lease Gap Coverage Paragraph C. Limit Of Insurance under SECTION Ill -PHYSICAL DAMAGE COVERAGE is 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 Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue 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) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by the lessor; and (5) Carry-over balances from previous loans or leases L. Aggregate Deductible Paragraph D. Deductible under SECTION 111 -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". M. Diminishing Deductible Paragraph D. Deductible under SECTION 111 -PHYSICAL DAMAGE COVERAGE is amended to add: Any deductible will be reduced by the percentage indicated below on the first "loss" reported during the corresponding policy period: Loss Free Policy Periods Deductible With the Expansion Reduction on the Endorsement first "loss" 1 0% 2 25% 3 50% 4 75% 5 100% If we pay a Physical Damage "loss" during the policy period under any BUSINESS AUTO COVERAGE FORM you have with us, your deductible stated in the Declaration's 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 will revert back to 0% for each such COVERAGE FORM if coverage is renewed. N. Knowledge of Loss and Notice To Us Subsection a. of Item 2. Duties In the Event of Accident, Claim, Suit or Loss of Paragraph A. Loss Conditions under SECTION IV •• 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: Page 3 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA99018710 13 Used with permission 45456175 I 18/19 GL/AU/UMB/IM/WC I Dena Kurtz I 11/16/2018 3,54,44_PM (PST) I Page 7 of 8 This certificate cancels and supersedes ALL previously issued certificates. (1) You, if you are an individual; (2) A partner, if you are a partner-ship; (3) An "executive officer" or director, if you are a corporation; (4) A manager or member, if you are a limited liability company; (5) Your insurance manager; or (6) Your legal representative. 0. Waiver Of Subrogation For Auto Liability Losses Assumed Under Insured Contract Item 5. Transfer Of Rights Of Recovery Against Others To Us of Paragraph A. Loss Conditions under SECTION IV - 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 From has rights to recover damages from another, those right are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after an "accident" or "loss" to impair them. However, if the insured has waived those rights to recover through a written contract, we will waive any right to recovery we may have under this Coverage Form. P. Insurance is Primary and Noncontributory Subpart a. of Item 5. Other Insurance of Paragraph B. General Conditions under SECTION IV -BUSINESS AUTO CONDITIONS is amended to read: a. This insurance is primary and noncontributory, as respects any other insurance. Q. Other Insurance -Hired Auto Physical Damage Subpart b. of Item 5 .. 0ther Insurance of Paragraph B. General Conditions under SECTION IV -BUSINESS AUTO CONDITIONS is amended to read: 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 contact 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". R. Unintentional 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 policy, provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. S. Additional Definition SECTION V -DEFINITIONS is amended to add: 'Tractor" means a truck with a gross vehicle weight in excess of 45,000 pounds. "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 "auto": 1. Is out of service 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 "loss". "Business Income" means: 1. Net income (Net profit of loss before income taxes that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely 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 conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. Page 4 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA99018710 13 Used with permission 45456175 I 18/19 GL/AU/UMB/IM/WC I Dena Kurtz I 11/16/2018 3:54:44 PM (PST) I Page B of B This certificate cancels and supersedes ALL previously issued certificates.