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HomeMy WebLinkAboutS&J Builders and Restoration Services Inc; 2018-08-14; PWM19-499GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2018-0497575 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Dec 03, 2018 01 :48 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins $0.00) PAGES: 1 Space above this line for Recorder's use. PARCEL NO: 209-050-26-00 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on November 6, 2018 6. The name of the contractor for such work or improvement is S&J Builders and Restoration Services, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: PWM19-499GS, Range Exhaust Duct Inspection at the Safety Training Center. 8. The street address of said property is 5750 Orion Street, Carlsbad, CA 92010-7201. CITY OF C~~BAD rtt41~ ()r.;-(SCOTTCHAD- \. ~ City Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on n Ou' (),_ 9 I 20 /?, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on (7 0 tJ · ?:£J 20/ <? at Carlsbad, California. (' Cl~ OF CARLSBAD .. ~~1 (_ m~ bl ~-flARBARA ENGLESON 7 City Clerk IIFILES01V\Departments1Publ1c Works\General Serv,ces\Safety Training Center (STC)\2 Budget\2 Contract,ng\S&J Bu,lders\Contracts\NOCINOC PWM19-499GS Range Exhaust Duct 4 3/ lnspecllon\NOC PWM19-499GS Range Exhaust Duct Inspection doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS S&J Builders and Restoration Services, Inc., has completed the contract work required for PWM19-499GS, Range Exhaust Duct Inspection at the Safety Training Center. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Range Exhaust Duct Inspection at the Safety Training Center (City) VALUE $6,844.62 CERTIFICATION OF COMPLETION OF IMPROVEMENTS ~ng~k¼ Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. · z:; l /rt ~ Scott Chadwi~, ity Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By taV-~ Deputy City Attorney IIFILES01V\Departments\Publ1c Works\General Serv,ces\Safety Training Center (STC)\2 Budget\2 Contracting\S&J Bullders\Contracts\NOC\NOC PWM19-499GS Range Exhaust Duct lnspect,onlNOC API PWM19-499GS Range Exhaust Duct Inspection doc PWM19-499GS Range Exhaust Inspection at the Safety Training Center Page 1 of 6 City Attorney Approved 9/27/16 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT RANGE EXHAUST DUCT INSPECTION AT THE SAFETY TRAINING CENTER This agreement is made on the ______________ day of _________________________, 2018, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and S&J BUILDERS AND RESORATION SERVICES, INC., a California corporation whose principal place of business is 10815 Wheatlands Ave., Suite J, Santee, CA 92071 (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: Jason Kennedy (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. DocuSign Envelope ID: F2D808E1-CA7A-4BFE-B76F-608D40BED269 14th August PWM19-499GS Range Exhaust Inspection at the Safety Training Center Page 2 of 6 City Attorney Approved 9/27/16 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 subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: _____Gracie Wilson___________________ 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 “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance 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. DocuSign Envelope ID: F2D808E1-CA7A-4BFE-B76F-608D40BED269 PWM19-499GS Range Exhaust Inspection at the Safety Training Center Page 3 of 6 City Attorney Approved 9/27/16 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 forty-five (45) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within sixty-five (65) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. S&J BUILDERS AND RESORATION SERVICES, INC., a California corporation 10815 Wheatlands Ave., Suite J (name of Contractor) 689944 (street address) Santee, CA 92071 (Contractor’s license number) Class B, C36 2/29/2020 (city/state/zip) 619-449-2014, ext. 106 (license class. and exp. date) 10000018498 (telephone no.) 619-449-0887 (DIR registration number) 6/30/2019 (fax no.) swilson@sandjbuild.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// DocuSign Envelope ID: F2D808E1-CA7A-4BFE-B76F-608D40BED269 PWM19-499GS Range Exhaust Inspection at the Safety Training Center Page 4 of 6 City Attorney Approved 9/27/16 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 S&J BUILDERS AND RESORATION SERVICES, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Gracie Wilson / President, Secretary Elaine Lukey / Public Works Director as authorized by the City Manager (print name/title) By: (sign here) (print name/title) 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 Group B Chairman, President, or Vice-President 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: _____________________________ Deputy City Attorney DocuSign Envelope ID: F2D808E1-CA7A-4BFE-B76F-608D40BED269 PWM19-499GS Range Exhaust Inspection at the Safety Training Center Page 5 of 6 City Attorney Approved 9/27/16 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 be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces DocuSign Envelope ID: F2D808E1-CA7A-4BFE-B76F-608D40BED269 714715 11/30/2019 48% N/AN/A N/A 48% N/A Inspection 10000533508ABC Heating & Air Conditioning N/A PWM19-499GS Range Exhaust Inspection at the Safety Training Center Page 6 of 6 City Attorney Approved 9/27/16 EXHIBIT B RANGE EXHAUST INSPECTION AT THE SAFETY TRAINING CENTER SCOPE OF WORK ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Remove range filters, conduct complete inspection of the interior areas of three range exhaust banks located on the 25-yard and 100-yard firearms ranges. Reinstall filters and provide detailed reports of findings. $3,545.86. 2 LS 1 Manufacturer and install three (3) 22-gauge caps on three (3) roof mounted range exhaust duct units to enhance weatherproofing of exterior range duct surfaces. $3,034.76 3 LS 1 Project management. $264.00 TOTAL* $6,844.62 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: F2D808E1-CA7A-4BFE-B76F-608D40BED269 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) 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) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A(Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD S&JBU-1 OP ID: AJ 03/02/2018 Steve Henkelman JPL Insurance Group, Inc JPL Insurance Services3033 5th Avenue, Ste. 325San Diego, CA 92103 Steve Henkelman 619-220-8014 619-220-8015 Steve@jplinsurance.com Financial Pacific Insurance Co Arch Specialty Ins CoS & J Builders And Restoration Services, Inc 10815 Wheatlands Ave. Ste. J Santee, CA 92071 Cypress Insurance Company California Automobile Ins Co. B X 1,000,000 X Y 12EMP9285805 10/15/2017 10/15/2018 100,000 X 10/15/2017 10/15/2018 5,000 1,000,000 2,000,000 X 2,000,000 $1MIL/$2MIL 1,000,000D X Y BA040000032483 03/01/2018 03/01/2019 XXB 12EMX0523004 10/15/2017 10/15/2018 2,000,000 XC Y SJWC922387 01/01/2018 01/01/2019 1,000,000 1,000,000 1,000,000 B 12EMP9285805 10/15/2017 10/15/2018 Agg/Occ $2MIL/$1MIL A Bailees 60497187 10/15/2017 10/15/2018 Bailees 257,500 As respects General Liability The City of Carlsbad, its officials, employeesand volunteers are additional insured, including primary and non- contributory wording. As respects auto liability, City of Carlsbad has been added as additional insured, so that all communication regarding non-paymentof premium will be mailed direct to you, whether it is 30-day for CARLSBA City of Carlsbad/CMWD c/o EXIGIS Insurance Complaince Services PO Box 4668-ECM #35050 New York, NY 10163-4663 619-220-8014 31453 21199 10855 38342 CPL 12EMP9285805CPL Professional Liabi Date HOLDER CODE INSURED'S NAME PAGENOTEPAD: underwriting reasons or 10-day for non-payment of premium. All Forms attached and apply when required by written contract. Umbrella extends General, Professional and Pollution liabiity, and workers' compensation only. CARLSBA 2 S & J Builders And Restoration 03/02/2018 S&JBU-1 OP ID: AJ 01/01/2018 All CA Operations Cypress Insurance Company SJWC922387 2234.00 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE BROADENED COVERAGE 10 GLASS REPAIR WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II LIABILITY COVERAGE, paragraph A.1. WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, insured does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ' 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 Policy: BA040000032483 (2)If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To bodily injury or property damage that occur red before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II LIABILITY COVERAGE, paragraph A.1. WHO IS AN INSURED is amended to include the following as an insured: f.Any employee of yours while using a covered auto you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any employee. g. An employee of yours while operating an auto hired or borrowed under a written contract or agreement in that employees name, with your perm ission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the employee. 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II LIABILITY COVERAGE, paragraph A.1. WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered auto, provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an insured. However, such person or organization is an insured : (1) Only with respect to the operation, maintenance or use of a covered auto; (2) Only for bodily injury or property damage caus ed by an accident which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3)Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II LIABILITY COVERAGE, Coverage Extension s, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2)Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an accident we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the bodily inj ury results from the use of a covered auto you own or hire. SECTION III PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III PHYSICAL DAM AGE COVERAGE, is amended by adding the following: If hired autos are covered autos for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any auto you own, then the Physical Damage coverages provided are extended to autos: a. You hire, rent or borrow; or ' 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 b.Your employee hires or rents under a written cont ract or agreement in that employees name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for loss in any one accident or loss is the smallest of: (1)$50,000; or (2)The actual cash value of the damaged or stolen property as of the time of the loss; or (3)The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned auto for that cover age. C.Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered auto you own. D. Subject to a maximum of $1,000 per accident, we will also cover the actual loss of use of the hired auto if it results from an accident, you are le gally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1)Any auto that is hired, rented or borrowed with a driver; or (2)Any auto that is hired, rented or borrowed from y our employee. For the purposes of this provision, SECTION V DEF INITIONS is amended by adding the following: Total loss means a loss in which the cost of re pairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered auto classified and rated as a private passenger type, light truck or medium truck is disabled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For light trucks, we will pay up to $50 per dis ablement. Light trucks are trucks that have a gr oss vehicle weight (GVW) of 10,000 pounds or less. c. For medium trucks , we will pay up to $150 per disablement. Medium trucks are trucks that have a gross vehicle weight (GVW) of 10,001 20,000 pound s. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III PHYSICAL DAM AGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500 ' 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an auto because of accident or loss, to an auto for which we also pay a loss under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the accident or loss to the covered auto. b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered auto. d. This coverage does not apply unless you have a business necessity that other autos available for your use and operation cannot fill. e. If loss results from the total theft of a covered auto of the private passenger type, we will pay u nder this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include personal e ffects as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered auto to you. The maxi mum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an auto you own and that auto is s tolen, we will pay, without application of a deductible, up to $600 for personal effects stolen with the a uto. The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V DEFINITIONS is amended by adding the f ollowing: For the purposes of this provision, personal effec ts mean tangible property that is worn or carried by an insured. Personal effects does not include tool s, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for loss relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturers warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: ' 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered auto at the time of the loss and such equipment is design ed to be solely operated by use of the power from the autos electrical system, in or upon the cove red auto and physical damage coverages are provided for the covered auto; or If the loss occurs solely to audio, visual or dat a electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III PHYSICAL DAM AGE COVERAGE is amended by adding the following: The most we will pay for a total loss to a covere d auto owned by or leased to you in any one accident is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered auto is subject at the time of the loss less the amount o f: a. Overdue payments and financial penalties associated with those payments as of the date of the loss, b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a Balloon Loan, f.The dollar amount of any unrepaired damage which occurred prior to the total loss of a covered auto, g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered auto, i.Any amount representing taxes, j.Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the loss. An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the loss. This adjustment i s not applicable in Texas. B.ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered auto that incurred the loss serves as collateral, or lease written on the covered auto that incurred the loss. C. SECTION V DEFINTIONS is changed by adding the f ollowing: As used in this endorsement provision, the following definitions apply: Total loss means a loss in which the cost of re pairs plus the salvage value exceeds the actual cash value. A balloon loan is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. ' 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 15. GLASS REPAIR - WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III PHYSICAL DAMAGE COVERAGE is amend ed by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III PHYSICAL DAMAGE COVERAGE is amend ed by the addition of the following: The deductible does not apply to loss caused by c ollision to such covered auto of the private pass enger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the auto is designed to carry while it is: a. In the charge of an insured; b. Legally parked; and c. Unoccupied. The loss must be reported to the police authoriti es within 24 hours of known damage. The total amount of the damage to the covered auto must exceed the deductible shown in the Declarati ons. This provision does not apply to any loss if the covered auto is in the charge of any person or or ganization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV BUSINESS AUTO CONDITIONS, paragraph A.2.a.is replaced in its entirety by the following: a.In the event of accident, claim, suit or loss , you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the employee designated by the Named Insured to give such notice, if you are a corporation. ' 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The insureds name and address; and (3)The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV BUSINESS AUTO CONDITIONS, paragraph A.5.,Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an accident or loss, our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For autos hired 30 days or less, the coverage t erritory is anywhere in the world, provided that the insureds responsibility to pay for damages is dete rmined in a suit, on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an auto hired, leased, rented or borrowed with a driver. SECTION V DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V DEFINTIONS, definition C. is replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. CANCELLATION condition applies except as follows : If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. ' 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 VgA MERCURYAg, NSURANCE CITY OF CARLSBAD P0 Box 4668 ECM 35050 New York NY 10163-4668 California Automobile Insurance Company P.O. Box 10730A ME C R Santa Ana, CA 92711-0730 INSURANCECustomer Service: (800) 503-3724 BUSINESS AUTO POLICY ADDITIONAL INSURED Renewal Declarations Effective Date: 03/01/2018 NAMED INSURED: AGENT: SWJ BUILDERS AND RESTORATION SERVICES, INC JPL Insurance 10815 WH EATLAN DS AVE STE L-J 3033 5th Avenue Suite 325 SANTEE, CA 92071 San Diego, CA 92103 __________________________________________(619) 220-8013 ~SCHEDULE~ Insurance Company: California Automobile Insurance Company Policy Number: BA040000032483 Policy Period: From: 03/01/2018 to 03/01/2019 at 12:01 AM Standard Time at your mailing address Additional Insured: CITY OF CARLSBAD Address: P0 Box 4668 ECMV 35050, New York NY 10163 Endorsements Attached: CA 20 48 10 13 -Designated Insured ' AUTOMOBILELIABILIYPOIE Covered Autos: Symbol 1 -Any "Auto" Limits of Insurance: $1,000,000 CSL MCADS910711 Page 1 of 1 POLICY NUMBER: COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section 11 - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph 0.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 @ Insurance Services Office, Inc., 2011 Page 1 of I 69 76of56297802001290280IL 00 17 11 98 COMMON POLICY CONDITIONS IL 00 17 11 98 Copyright, Insurance Services Office, Inc.,1998 Page 1 of 2 All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION 1.The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance writ- ten notice of cancellation. 2.We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a.10 days before the effective date of cancellation if we cancel for nonpay- ment of premium; or b.30 days before the effective date of cancellation if we cancel for any oth- er reason. 3.We will mail or deliver our notice to the first Named Insured’s last mailing ad- dress known to us. 4.Notice of cancellation will state the effec- tive date of cancellation. The policy pe- riod will end on that date. 5.If this policy is cancelled, we will send the first Named Insured any premium re- fund due. If we cancel, the refund will be pro rata. If the first Named Insured can- cels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6.If notice is mailed, proof of mailing will be sufficient proof of notice. B. CHANGES This policy contains all the agreements be- tween you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy’s terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. INSPECTIONS AND SURVEYS 1.We have the right to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find; and c.Recommend changes. 2.We are not obligated to make any inspec- tions, surveys, reports or recommenda- tions and any such actions we do under- take relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes or standards. 3.Paragraphs 1.and 2.of this condition ap- ply not only to us, but also to any rating, advisory, rate service or similar organiza- tion which makes insurance inspections, surveys, reports or recommendations. 4.Paragraph 2.of this condition does not apply to any inspections, surveys, reports or recommendations we may make rela- tive to certification, under state or mu- nicipal statutes, ordinances or regula- tions, of boilers, pressure vessels or elevators. E. PREMIUMS The first Named Insured shown in the Dec- larations: 1.Is responsible for the payment of all pre- miums; and 2.Will be the payee for any return premi- ums we pay. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written con- sent except in the case of death of an individ- ual named insured. To the extent possible, notice to us should include: (1) How, when and where the “accident” or “loss” took place; (2) The “insureds” name and address; and (3)The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV – BUSINESS AUTO CONDITIONS, paragraph A.5.,Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an “accident” or “loss”, our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV – BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For “autos” hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured’s responsibility to pay for damages is determined in a “suit”, on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an “auto” hired, leased, rented or borrowed with a driver. SECTION V – DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V – DEFINTIONS, definition C. is replaced by the following: “Bodily injury” means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.– CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7