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HomeMy WebLinkAboutJoes Paving Company; 2018-04-26; PKRC661Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT LAKE CALAVERA ASPHALT PATCH AND SEAL; CONT. NO. PKRC661 This agreement is made on the ,,Q {2ifJ day of -.i...-<:U,.....,JI--'....,_......, _____ , 20li, by the City of Carlsbad, California, a municipal corporation, (hereinafter lied "City' , and Joe's Paving Company, Inc. whose principal place of business is 28419 Cole Grade Road, Valley Center, CA 92082 (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 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, 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: 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 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 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 prevailing 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 1777.5 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 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed 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 currently 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 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. LAKE CALAVERA ASPHALT PATCH AND SEAL CONT. NO. PKRC661 Page 1 of 6 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 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 the City of Carlsbad to disqualify the Contractor or subcont ctor rom participating in contract bidding. Signature: Print Name: 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 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 "AX"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly 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 limit 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 amount of $1,000,000 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. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The 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. 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. LAKE CALAVERAASPHALT PATCH AND SEAL CONT. NO. PKRC661 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 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 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 10 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 35 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. II II II II II II Joe's Paving Company, Inc. (name of Contractor) 806124 (Contractor's license number) A & C12, exp. 3/31/2020 (license class. and exp. date) 1000011953 (DIR registration number) 6/30/2018 (DIR registration exp. date) LAKE CALAVERA ASPHALT PATCH AND SEAL CONT. NO. PKRC661 Page 3 of 6 28419 Cole Grade Road (street address) Valley Center, CA 92082 (city/state/zip) 760-7 49-0519 (telephone no.) 760-7 49-6415 (fax no.) johnm@pavingamerica.com (e-mail address) City Attorney Approved 9/27/2016 Tracking#: AUTHORITY. The individuals 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: ddzZY 7 (sign here) ££AN 12,. t2y)ILu , cuJ j. f/Zi ~, (print name/title) By: ~ CITY OF CARLSBAD, a municipal corporation of the State of California By: City M er, Deputy City Manager epartment Director as authorized by the City Manager ~c:zz/,4,/li)_/EZ ~ CityClerl< (print name/title)~-/J:;f , If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement 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: CELIA A BREWER, City Attorney BY:~~ ~ity Attorney LAKE CALAVERA ASPHALT PATCH AND SEAL CONT. NO. PKRC661 Page 4 of 6 City Attorney Approved 9/27/2016 Tracking#: 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 sub-contractor 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 Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract M)f,/t;'" Total % Subcontracted: __ (J1 ____ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. LAKE CALAVERAASPHALT PATCH AND SEAL CONT. NO. PKRC661 Page 5 of 6 City Attorney Approved 9/27/2016 EXHIBITS SCOPE OF WORK Tracking#: Joe's Paving Company, Inc. will grind, patch, compact, and reseal asphalt along a Lake Calavera access road between Tamarack Avenue and Strata Drive. Tasks include: • Grind 1.5" deep by 2'wide (red highlighted area in exhibit) • Remove material and replace with hot asphalt mix and compact • 'Black out' white paint marks on asphalt prior to applying seal coat • Patch work will cure for 30 days • Return and apply one coat of Armor Coat Seal (within green perimeter of exhibit) FEE ITEM UNIT QTY DESCRIPTION PRICE NO. 1 $10.50/SF 560 Grind, patch, and compact asphalt $5,880.00 2 $0.46/SF 5372 Clean and apply one coat of Armor Coat Seal $2,471.12 TOTAL NOT TO EXCEED $8,351.12 LAKE CALAVERA ASPHALT PATCH AND SEAL CONT. NO. PKRC661 Page 6 of 6 City Attorney Approved 9/27/2016 QUOTATION 18050JM JOE'S PAVING CO., INC JOE'S PAVING CO., INC POBOX99 VALLEY CENTER, CA. 92082 Tel 760-749-0519 Fax 760-749-6415 license 806124A TO: CITY OF CARLSBAD ATTN: MORGAN ROCKDALE 1166 CARLSBAD VILLAGE DRIVE TEL: 760-434-2985 CELL: 760-434-7185 DATE: 3/5/2018 We propose to furnish aH labor, material, and equipment necessaiv to perform the foUowinq items of work, sublect to terms and condlUons stated. Thia quotation expires 30 days from the date above, and good for work completed by 9.30.1s JOB LOCATION LAKE TRAIL@ STRATA & TAMARACK E-MAIL: morgan.rockdale@carlsbadca.gov IDENTIFIED ~P~AT~C~H~&~SEA~L~----------------------------------- ITEM DESCRIP110N APPROX UNIT UNIT PRICE. QlY 1 GRIND 1.S"DEEP AND PATCH WITH 1.5"HOT MIX ASPHALT EXISTING TRENCH LINE 580 SF 10.50 2 CLEAN AND APPLY ONE COAT ARMOR COAT SEAL 5372 SF 0.46 INCLUDES PREVAILING WAGE ONE MOVE IN TOTAL PRICES GOOD FOR WORK COMPLETED BY 9-30-18 AFTER 9-30-18 ASPHALT PRICES MAY BE SUBJECT TO AN ADJUSTMENT. ANY WORK OVER THE ABOVE AMOUNT TO BE FIELD MEASURED AND INVOICED AT UNIT PRICES. Pavment in full is due uoon comDletion of work unless work is done In Dhases. Pavment In full Is due for each ohase. unnn completlon of that ohase. Seal Notes: 11 Asohall-balled sealer Is a loocoatina onlv. Some crat:ks wiU rea00ear after sealer dries. 2) Allow 4-6 hrs for foot traffic; 24-36 hrs for vahfelas. 3) DrvlM limes wlll be extended In cool or damo wealhar. and where sealer is shaded. 41 Joe's PBl/lna Co. Inc. Is nol resoonsible for lracklna of wet sealer or scuffina of cured oroducl 5) Crackftllers are for larnporarv maintenance onlv. Cracks wfll reapper. Terms and CondlUons: 1. Exclusions unless Included and specified above: pennis, bond, or any form ol engineering (slaking, testing, Inspection. elc.), vegetation trimming. weed kill, waler meter, lralfflc conttol, subgrade prep or compatllcm, any agency required slorm watsr relaled pennils or reports, or placemant a( swppp -led slrutturas. 2. Subgrade lo be llksn rrom +or-.10' lo balance and al or below optimum moisture belore JOE'S PAVING CO., INC. begins WOii<. Removal & replacement of walar-saluralod subgrado Is additional work and v.tl be charged an a -and malarial basis. 3. Work lo ba dona In accordance wilh plans, specs, and quanlitlH specllied above. Any oousual condlfons encounloN<l, such as, burled slabs, unda,ground piping, trash deposlls, etc. will be deemed cause ror additional charges. 4. Class 2 maleifal, If Included, Is 3.14" recycled Class 2 per Caltrans Sland•d Spoclllcallons Saellon 26 unless olhel\lAsa noled. 5. The 01W11r Is responsible lor fdenllfying and giving Iha location lo JOE'S PAVING CO., INC or al utility lines Included but nol limiled lo: waler, electrical, gas, sewer, T. V. or lelephone prior lo commancamonl of WOii<. JOE'S PAVING CO., INC. Is not responsibla lor any damaga lo or lablill' from ""-to undlsClosed ullllies caused by peiformance of this work. 8. A Finance Charge ol 11/2% per monlh or 18% per annum will be payable on any outslending balance. In the event of a dispute arising IIDrJI dis oontrac~ lhe prevailing party shall be enlled lo recover lrom Iha olher, Allomeys lees and costs In addition lo olher amounts awarded by he court. Acceptance: I have read Iha above QuolaUon and hereby accapl Iha lelJ!ls and cond!Uons and Jolnliy and severely aulharlza lhe work lo be porlormed as sp~cflied above. Stgnat,:;:u""re~:'-------------------- Prlnt Name: Date: _____________________ _ JOE'S PAVING CO., INC JOHN MARTINEZ TOTAL 5,880.00 2,471.12 8,351.12 3/5/18 ACORD9 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 11/20/2017 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 CONTACT NAME: 2415 Cami:ius Drive, Suite #200 PHONE (949) 486-7900 I FAX (949) 486-7950 , .. ,r .,~ Extl· {A/C No): Irvine, CA 92612 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# www.patrisk.com OK07568 INSURER A: Wesco Insurance Comoanv 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 INSURER D: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: 38921521 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 POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE IN<:n wvn POLICY NUMBER {MM/DD/YYYY\ IMM/DD/YYYY\ A __:/_ COMMERCIAL GENERAL LIABILITY I WPP1597804 00 11/19/2017 11/19/2018 EACH OCCURRENCE $1 000 000 D CLAIMS-MADE c::J OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $300 000 __:/_ Deductible $5,000 MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $1 000 000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ~ [Z]PRO-DLoc PRODUCTS -COMP/OP AGG $2,000 000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY WPP1597804 00 11/19/2017 11/19/2018 COMBINED SINGLE LIMIT $1 000 000 I (Ea accident\ - __:/_ ANY AUTO BODILY INJURY (Per person) $ -OWNED SCHEDULED BODILY INJURY (Per accident) $ -AUTOS ONLY f-----AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ -AUTOS ONLY f-----AUTOS ONLY (Per accident\ I Como/Collisio n D d $1 000 $ B __:/_ UMBRELLA LIAB -4 OCCUR SBE 2318922 00 11/19/2017 11/19/2018 EACH OCCURRENCE $1,000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1 000 000 J DED I I RETENTION $ $ C WORKERS COMPENSATION WSD503029702 6/1/2017 6/1/2018 I PER I I OTH- AND EMPLOYERS' LIABILITY I STATUTE ER Y/N ANYPROPRIETORIPARTNER/EXECUTIVE GJ E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1 nnn nnn If yes, describe under E.L. DISEASE -POLICY LIMIT $1 000 000 DESCRIPTION OF OPERATIONS below A Leased/Rented Equipment WPP1597804 00 11/19/2017 11/19/2018 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 ,· !l .. ,~ ·----·~-. . ., 4:?1;;t;~,,, ... £, t . ?fi0.·~,._~,--, /2r I Leonard E. Ziminsky i-_I .V ( © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 38921521 \ 17 /18 GL/AU/UMB/IM/WC Annette Romero I 11/20/2017 l: 09, 06 PM (PST) I Page 1 of 8 Joe's Paving Company, Inc. POLICY NUMBER: WPP1597804 00 1 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 Oraanization(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 38921521 I 17/18 GL/AU/UMB/IM/WC I Annette Romero I 11/20/2017 1,09,06 PM (PST) Page 2 of 8 POLICY NUMBER:WPP1597804 oo I 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 Organlzatlon(sl Locatlon(s) 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 38921521 I 17 /18 GL/AU/UMB/IM/WC I Annette Romero I 11/20/2017 1, 09, 06 PM (PST) I Paqe 3 of 8 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 of 2 © Insurance Services Office, Inc., 2012 CG 2010 0413 38921521 I 17/18 GL/AU/UMB/IM/WC I Annette Romero I 11/20/2017 1'09,06 PM (PST} I Paqe 4 of 8 Joe's Paving Company, Inc. POLICY NUMBER:wPP1597804 oo 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 38921521 I 17 /18 GL/AU/UMB/IM/WC I Annette Romero I 11/20/2017 1, 09, 06 PM (PST) I Page 5 of 8 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. CA990187 10 13 Used with permission 38921521 I 17 /18 GL/AU/UMB/IM/WC I Annette Romero I 11/20/2017 1, 09, 06 PM (PST) I Page 6 of 8 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. CA990187 10 13 Used with permission 38921521 I 17/18 GL/AU/UMB/IM/WC I Annette Romero I 11/20/2017 1,09,06 PM (PST) I Page 7 of 8 (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 38921521 I 17/18 GL/AU/UMB/IM/WC I Annette Romero I 11/20/2017 1,09,06 PM (PST) I Page 8 of 8