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HomeMy WebLinkAboutTrueline Construction & Surfacing Inc; 2022-04-28; PKRC22-0411DocuSign Envelope ID: 65542B88-3A81-4386-AB7E-5894D0DEDF00 RECORDED REQU ESTE D BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Cle rk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2022-0349899 111111, 11,11 rrr1111r1r 11r111rn1 rrrrr 11111 rmr 1,111111111111, 1111 1111 Sep 01 , 2022 09:26 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FE ES: $0 00 (S82 Atkins $0.00) PAGES: 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given t hat: 1. The undersigned is owner of the interest or estate st ated below in t he property hereinafter described . 2. The full names of the undersigned are City of Car lsbad, 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 t he undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on July 7, 2022. 6. The name of t he contractor for such work or improvement is Trueline Construction & Su rfacing, 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: Project No. PKRC22-0411, Project Name Parks Blockhouse Repair & Surfacing Project. 8. The street address of said property is Aviara Community Park; 643 5 Ambrosia Lane, Hidden Canyon Park; 2685 Vancouver St., La Costa Canyon Park; 3018 Pueblo St., Laguna Riviera Park; Kelly St./Park Dr. in the City of Ca rlsbad. CITY OF CARfS"¥D hS'\--- Geoff Patnoe, Assistant City Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of t he City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on ~ . 2 3 , 20 2. 2 accepted t he above described work as completed and orderedr that Notice of Completion be fi led. I decl are und er pena lty of perj ury that the foregoing is t rue and correct. Executed on ~ · 13 , 20 1/L, at Carlsbad , California . CITY OF CARLSBAD Qvdll~ FAVIOLA MEDINA City Clerk Services Manager Q:\RecAdmin\CONTRACTS\Retention Purchase Orders\Trueline Surfacing\P141158\1 . NOC TEMPLATE.docx DocuSign Envelope ID: 65542B88-3A81-4386-AB7E-5894D0DEDF00 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Trueline Construction & Surfacing, Inc. has completed the contract work required for PARKS BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT; CONT. NO. PKRC22-0411. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS Blockhouse floor surfacing VALUE $55,771.74 CERTIFICATION OF COMPLETION OF IMPROVEMENTS 8/19/2022 Kyle Lancaster, Parks & Recreation Director 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 authorize_d 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. ,-tpQ Q ---1d -i_ :> f '---,_ Geoff Patnoe, Assistant City Manager APPROVED AS TO FORM: CELIA BREWER, City Attorney By: a(kq_(}., Frt>1 Deputy City Attorney Q:\RecAdminlCONTRACTS\Retention Purchase Orders\Trueline Surfacing\P141158\2. API TEMPLATE.docx Date Tracking #: PARKS BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT; CONT. NO. PKRC22-0411 Page 1 of 8 City Attorney Approved 1/22/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT PARKS BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT; CONT. NO. PKRC22-0411 This agreement is made on the ______________ day of _________________________, 20___, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Trueline Construction & Surfacing, Inc. whose principal place of business is 12397 Doherty Street, Riverside, CA 92503(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 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: _Temujin Matsubara_ (City Project Manager) PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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: 5F1 DCBC0-0911-49C2-83DC-719CB98549D4 28th April 22 terms and conditions in the Contractor's proposal. DocuSign Envelope ID: 5F1 DCBC0-091 1-49C2-83DC-719CB98549D4 racking#: 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 __ttie..con: ctor e vented from further bidding on public contracts for a period of ·up to five _y..ears and that de rment by a other jurisdiction is grounds for the City of Carlsbad to disqualify the C r11ractor or subcontr or from p icipating in contract bidding. Signatu .:::,e:._: _.-..::::::~-r;_•i;;;...-~=--fJ----t-- 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 "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. PARKS BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT; CONT. NO. PKRC22-04~ 1 Page 2'of B City Attorney Approved 1/22/2020 Tracking #: PARKS BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT; CONT. NO. PKRC22-0411 Page 3 of 8 City Attorney Approved 1/22/2020 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 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 30 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 45 working days after receipt of Notice to Proceed. Trueline Construction & Surfacing, Inc. 12397 Doherty Street (name of Contractor) 662625 (street address) Riverside/CA/92503 license number) A and C32 - 2/29/2024 (city/state/zip) 951-817-0777 (license class. and exp. date) 1000006579 (telephone no.) 951-817-0770 (DIR registration number) 6/30/2023 (fax no.) trueline40@gmail.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 5F1 DCBC0-0911-49C2-83DC-719CB98549D4 including attorneys' fees for litigation, arbitration, or other dispute resolution method. CONTRACTOR'S INFORMATION. (Contractor's DocuSign Envelope ID: 5F1DCBC0-0911-49C2-83DC-719CB98549D4 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 ~=(gn==h::ere==)====:_ - CITY OF CARLSBAD, a municipal corporation of the State of California By: ~~~ Parks & Recreation Director ATTEST: .'.J~ R.. ~~ frv FAVIOLA MEDINA City Clerk Services Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached .. ~ 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: ULJu;:"" frbst Deputy City Attorney PARKS BLOCKHOUSE FLOOR REPAIR Si SURFACING PROJECT; CONT. NO. PKRC22-0411 Page 4 of 8' City Attorney Approved 1/22/2020 DocuSign Envelope ID: 5F1 DCBC0-091 1-49C2-83DC-719CB98549D4 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 be Subcontracted Y'O)LL Total% Subcontracted: _7...,,,,..J?f ____ _ PARKS BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT; CONT. NO. PKRC22-0411 Page 5 of 8 DIR Registration No. License No., % of Classification & Total Expiration Date Contract City Attorney Approved 1/22/2020 Tracking #: PARKS BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT; CONT. NO. PKRC22-0411 Page 6 of 8 City Attorney Approved 1/22/2020 EXHIBIT B SCOPE OF WORK Repair and resurface blockhouse restroom floors with epoxy coating systems. Procedure Remove all existing epoxy coating from floor as-needed per site Power grinder, sander and scraper will be used to remove existing epoxy coating. Apply one base coat of epoxy with aggregate broadcasted into wet epoxy to refusal Apply second coat of epoxy with aggregate broadcast Apply third coat of Polyaspartic top coat to all areas Includes cove base covering first course of block in all restrooms Floor color: Tan Site Location Aviara Community Park; two (2) blockhouses (new blockhouse not included) o Remove all existing epoxy coating from floor o Level all low spots o Install epoxy coating o Cost: $29,468.00 Hidden Canyon Park; outside exterior entry way only o Remove all existing epoxy coating from floor o Level all low spots o Install epoxy coating o Cost: $5,650.00 La Costa Canyon Park; one (1) blockhouse o Remove all existing epoxy coating from floor o Level all low spots o Install epoxy coating o Cost: $9,260.00 Laguna Riviera Park; one (1) blockhouse o Removal of all existing epoxy coating from floor is not necessary o Level all low spots o Install epoxy coating o Cost: $9,670.00 Labor & Materials Bond included in cost Total Cost: $55,771.74 DocuSign Envelope ID: 5F1 DCBC0-0911-49C2-83DC-719CB98549D4 • • • • • • • • • • • • DocuSign Envelope ID: 5F1DCBC0-0911-49C2-83DC-719CB98549D4 Premium SubJect to Adjustment Based on Final Contract Price EXHIBIT c LABOR AND MATERIALS BOND Tr acking #: Bond No. 100649698 Premium:$1, 11 S.00 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Trueline Construction & Surfacing, Inc. (hereinafter designated as the "Principal"), a Contract for: PARKS BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT CONTRACT NO. PKRC22-0411 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contiact and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in , upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Trueline Construction & Surfacing, Inc., as Principal, (hereinafter designated as the "Contractor"), and American Contractors Indemnity Company as Surety, are held firmly bound unto the City of Carlsbad In the s·um of fifty-fi.ve thousand seven hundred seventy-one dollars and seventy-four cents ($55,771.74), said sum bein9 an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for whic'h payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon1 for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or to~ amounts clue under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and , also, in case suit fs brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, an.ct •it does hereby waive notice of any change, extension of time, alterations or addition to the terms of tl'le contract or to the work or to the specifications. PARKS BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT; CONT. NO. PKRC22-0411 Page 7 of 8 City Attorney Approved 1/22/2020 DocuSign Envelope ID: 5F1DCBC0-0911-49C2-83DC-719CB98549D4 Tracking#: In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from 1ts obligations under this bond. Executed by CONTRACTOR this __,,1_4_,__tk_:..,,,-___ day of ~pr~l 1 20 7.,,1- CONTRACTOR: (print name here) frL~, (title and organization of signatory) Executed by SURITY this _1_2_Ih ____ day of __ A_p_ril _______ _J10E.__. SURITY: American Contractors Indemnity Company (name of Surety) 625 The City S., Suite 205 (address of Surety) 714-740-7000 Freddy Anvari (printed name of Attorney-in-Fact) (attach corporate resolution showing current power ot attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SUR~TY rnust be attached,) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A BREWER City Attorney By: DLJur~ f' V'f>sf Deputy City Attorney PARKS BLOCKHOUSE FLOOR REPAIR & SURFACING PROJECT; CONT. NO. PKRC22-0411 Page 8 of8 City Attorney Approved 1/22/2020 DocuSign Envelope ID: 5F1 DCBC0-0911-49C2-83DC-719CB98549D4 CALIFORNIA ALL-PURPOSE ACKNOWLE_DGMENT CIVIL CODE§ 1189 A notary publrc or other officer completing this certificate verifies only the identity of the individual who signed the documeritto which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On Cf//f:J. /JoJ..~ before me, _____ A_n_g_e_la_K_im_,_N_o_tar __ y _P_ub_li_·c _____ __, Date Here Insert Name and Title of the Officer personally appeared ____________ F_r_e_dd_y_A_n_v_a_n_· ___________ _ Name(s) of Signer(s) who proved to I11e on the basis of satisfactory evidence to be the person(s) Whoso name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and tl1at 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 and correct WITNESS my hand and official seal. Place Notary Seal Above ---------------oPnDNAL--------------- Thoogh this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docume9t Title or Type of Document: 80ndil tV06'/C/{at/'t Document Date: ______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _F_re_d_dy_A_n_va_ri _______ _ Signer's Name:: ___________ _ LI Corporate Officer -Tltle(s): _____ _ [] Corporate Officer -T itle(s): ______ _ IJ Partner -ll Limited [l General CJ Partner --1 Limited IJ General □ Individual Kl Attorney in Fact U Individual O Attorney in Fact r1 Trustee lJ Guardian or Conservator O Trustee [J Guardian or Conservator U Other: _____________ _ 0 Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~m:.~%"W;,~,m,,~~'f-~~x,"<-~1,-~wv~~~Y~§y4W;~~~ ~ • ~'fi,<.,~{;'f<.~~~ ©2014 National Nota1y Assor.ifltion • www.NationalNota1y.org · 1-800-US NOTARY (1-800-876-6827) Item lt5907 DocuSign Envelope ID: 5F1DCBC0-0911-49C2-83DC-719CB98549D4 TOKIO MARINE. H CC KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY That Arner1can Contractors lndemnlty Company of the State of California, a California corporation, does hereby appoint, FREDDY ANVARI its true and lawful Attorney-in-Fact, with full authority to execute on its behalf bond number --'1"""0-"-0-"-6---'-49=-6=-9"'-8"------------' issued in the course of its business and to bind the Company thereby, in an amount not to exceed One hundred thousand and 00/100 ( $100,000.00 ). This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of September, 2011 . "Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suftable persons as Attorney(s)-tn-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, th at the signatu re of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facs1mile., and any power of attorney or certificate bearing facsimile signature. or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to wh1ch lt is attached." The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company. IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on this 1st day of June 2018. ,,,,"""""•1,,, I ~-"''~'\~~~!?:9s}',,,'l State of California County of Los Angeles ,t~··;:~0 .. 0••:0·\~~ i(\ !lfli'f tS, 1990 /~f \A--~·-.. . .. ,~·,0$~ .,..,,.,1,%,4(.iFOR\\\~\, .. ~-> 111101u11\\\' AMERICAN CONT A Notary Public or other officer completing this certificate verifies only the identity of the indlVidual who signed the document to which this cerfi.ficate is attached and not the truthfulness, accurac or validit of that document. On this 1'1 day of June, 2018, before me, Sonia 0 . Carrejo, a notary public, personally appeared Adam S, Pessin, President of American Contractors Indemnity Company, who proved to me: on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. f certify under PENAL TY OF PERJURY under the laws of the State of CALIFORNIA that the foregofng paragraph is true and correct. WITNESS my hand and official seal. • Sigoat,,. ~ (seal) I. Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now fn full force and effect Bond No. Agency No. 100649698 9007 2022 HCCSZZPOAACICOS/2016 ACORDut CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDfYYYYI I...___.,-, 07/20/2021 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), AUTHOR.IZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kathy Macias-Ramfrez NAME': Millennlum Risk Management & Insurance. Services ri:J8NJ0 Ext\: (818) 844,4100 Ir~~ Nol: (818) 638-7920 An ISU Network Member #OM93299 E-MAIL kathym@mcsins.com ADDRESS: 301 E Colorado Blvd #205 INSURER(S) AFFORDING COVERAGE NAIC# Pasadena CA 91101 INSURE'RA: Ml Hawley Insurance Co 37974 INSURED INSURER B: Ohio Security Ins Company 24082 INSURERC: Everest Premier Insurance Co. 16045 Trueline Construction & Surfacing, Inc. INSURER D: 12397 Doherty Street INSURER E: Riverside CA 92503 INSURERF: COVERAGES CERTIFICATE NUMBER: 2021 • 2022 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. l.lMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER ,~g,~i~ (~g~J%~ LIMITS LTR INSD WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS-MADE I XI OCCUR IVl'<t:l'lltU PREMISES IEa occurrence\ $ 50,000 -X $5,000 Oed • Per 0cc MED EXP (Anv one par.ion) s 5,000 -A y y MGL0193444 07/25/2021 07/25/2022 PERSONAL & ADV INJURY $ 1,000,000 - GEN'LAGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE s 2,000,000 ~ POLICY □ ~f& □ LOC PRODUCTS -COMP/OP AGG s 2,000,000 OTHER~ Employee Benefits s 1.000.000 AUTOMOE!LE UACllLrrr COMBINED SiNG~E LIMIT iEa «ccldentf :; 1,000,000 X ANYAUTO BODILY INJURY (Per person) $ -SCHEDULED B OWNED y y BAS (22) 56945605 07/25/2021 07/25/2022 BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS ~ HIRED x NON-OWNED FROPERTY DAMAGE s AUTOS ONLY AUTOS ONLY Per<iocidanll X COMP-$1K X COLL -$1K $ UMBRELLA LIAS ~ 1 00CUR EACH OCCURRENCE s 4,000,000 r--07/25/2021 A X EXCESS LIAB CLAIMS.MADE MXL0431710 07/25/2022 AGGREGATE $ 4,000,000 OED I XI RETEl,fflON s •0• s WORKERS COMPENSATION XI ~ture I I OTH• AND EMPLOYERS' LIABILITY ER Y/N s 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE ~ NIA y 7600016618211 07/25/2021 07/25/2022 E.L EACH ACCIDENT OFFICER/MEMBER EXCLUDED? (Mandatory In NH) I E..L DISEASE · EA EMPLOYEE s 1,000,000 If yes, describe under E'.L DISEASE. POLICY LIMIT s 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIP'T10N OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be attached lf more space Is required) Re: Parks Blockhouse Floor Repair & Surfacing Project. CONT. NO, PKRC21-0412. The City of Carlsbad is included as an additional insured with primary wordtng for General Liability & Auto, as respects to the Insureds operations and only ii required by written contract per the attached endorsement. \Naiver of Subrogation applies. Should any of the above described policies be cancelled before the exptration date 1hereof, notice will be delivered in accordance With the policy provisions, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carlsbad ACCORDANCE WITH THE POLICY PROVISIONS. Park,s & Recreation Admln. AUTHORIZED REPRESENTATIVE 1635 Faraday Avenue lliil.CVJ Carlsbad CA 92008 I • (F - © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: MGL0193444 Mt. Hawley Insurance Company 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 Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations: All persons or organizations where required All Locations by written contract executed prior to the commencement of your work, Information required to complete this Sctiedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(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 in- surance 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 re- pairs) to be performed by or on behalf of the addi- tional 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 04 13 © Insurance Services Office, Inc., 2012 Insured Page 1 of2 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. CG 20 10 04 13 © Insurance Services Office, Inc,, 2012 Insured Page 2 of 2 Policy Number: MGL0193444 Mt. Hawley Insurance Company 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) Location and Description of or Organization(s) Completed Operations All persons or organizations where required by written All Locations and All Projects contract executed prior to the commencement of your work. Information required to complete this Schedule, if not shown above, will be shown in the Declaratiohs. 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 dam- age" caused, in whole or in part, by "your work" at the location designated and descrlbed 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 insur- ance afforded to such additional insured will not not be broader than that which you are required by the contract or agreement to provide for such additional insured. 8. With respect to the insurance afforded to these additional insureds1 the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is re- quired 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 Insured Page 1 of 1 Policy Number: MGL0193444 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANC'E CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance (2) You have agreed in writing in a contract or agree- ment that this insurance would be primary and would not seek contribution from any other in- surance available to the additional insured. This insurance is primary to and will not seek con- trlbution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 © Insurance Services Office, lnc.1 2012 Insured Page 1 of 1 POLICY NUMBER: BAS2256945605 COMMERCIAL AUTO AC 85 43 0618 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSJNESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGE INDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 12 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 20 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 14 BODILY INJURY REDEFINED 24 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 2 EXTRA EXPENSE-BROADENED COVERAGE 10 GLASS REPAIR -WAIVER OF DEDUCTIBLE 16 HIRED AUTO COVERAGE TERRITORY 22 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN/ LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1 PARKED AUTO COLLISION COVERAGE (WAIVER OF'DEDUCTIBLE) 17 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 23 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 18 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 21 SECTION II -LIABILITY COVERAGE is amended as follows: 1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION 11-LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period, Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: AC 85 43 06 18 © 2018 Liberty Mutual Insurance Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specifically to apply in excess of this policy; or (3) Has exhausted its Limit of Insurance or had Its policy terminated under any other automobile policy. Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before yol.l acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVE~AGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": e. 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". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, 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": g. 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, written a_greement, 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" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit.. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other e:ollectible insurance. 4. SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE, Coverage Extensions, 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. Page 2 of 9 © 2018 Liberty Mutual Insurance AC 85 43 0618 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jur1sdictions where, by faw, fellow "employees" are not entitled 1o 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 injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE 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 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" 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 lc,~rgest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest covera.ge applicable to any covered "auto'1 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 legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rentecl or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "toss". AC 85 43 06 18 © 2018 ltberty Mutual Insurance Page 3 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 7. TOWING AND LABOR SECTION 111-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'1 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 $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross 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 pounds. However, the labor must be performed at the place of disablement 8. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500. 9. RENTAL REIMBURSEMENT SECTION Ill-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 requires the rental of a comparable or lesser 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, VP 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". This limit is excess over any other collectible insurance. d. This coverage does not apply unless you have a business necess'ity that other "autos" available for your use and operation cannot fill. e. Jf "loss" results from the total theft of a covered ''auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the covera9e provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B. Page 4 of 9 © 2018 Liberty Mutual Insurance AC· 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Coverage, we Will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -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 stolen, we will pay, without application of a deductible, up to $600 for "personal effects'' stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is a111ended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -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 manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION Ill -PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to excluslons 4.c. and 4.d. is deleted and replaced with the following: Exclusions 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: (1) Permanently installed fn the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto", If the "loss" occurs solely to audio, v'isual or data 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. AC 85 43 06 18 © 2018 Uberty Mutual Insurance Page 5 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 15. LOAN/ LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "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 of: 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 1'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 'tauto"; I. Any amount representing taxes; J. loan or lease termination fees; or 2. The actual cash value of the di3mage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actuar cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the '11oss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". C. SECTION V -DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that c1re insufficient to repay the balance over the term of the loan, thereby requirlng a large final payment. Page 6 of 9 © 2018 Liberty Mutual Insurance AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its p_ermission. 16. GLASS REPAIR -WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible. applies to glass damage if the glass Is repaired rather than replaced. 17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passehger 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 authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" Is in the charge of any person or organization engaged in the automobile business. 18. TWO OR MORE DEDUCTIBLES Under SECTION Ill -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 srnciller (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: 19. 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. AC 85 43 0618 © 2018 Liberty Mutual Insurance Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission.