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HomeMy WebLinkAboutAyala Engineering; 2017-10-31; PWM18-58UTIL~ y RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2018-0140197 111111111111 lllll 111111111111111111111111111111111111111111111 IIII 1111 Apr 09, 2018 03:50 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: n/a -'------------ 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 and Carlsbad Municipal Water District (CMWD), 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 Dec. 14, 2017. 6. The name of the contractor for such work or improvement is Ayala Engineering. 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. PWM18-58UTIL, Rehabilitate Two Sewer Manholes. 8. The street address of said property is along Carlsbad Village Dr., in the City of Carlsbad. ., fv': City anager / VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsba. 12oq Carlsbad Village Driv~, Carlsbad, California, 92008; the City/Executive Manager of said City on(:!~ :?J , 20.l.2_, accepted the above described work as completed and ordered that a Nati e of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on~ .5 , 20 );f, at Carlsbad, California. civ OF CARLSB~ /CMWD , ~rd~"-h--BARBARA ENGLESON () City Clerk /33 Word\Masters\Forms\Notice of Completion {City) 3/9/98 CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Ayala Engineering has completed the contract work required for Project No. PWM18-58UTIL, Rehabilitate Two Sewer Manholes. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS (Specify if City or CMWD) Rehabilitate two sewer manholes (city) VALUE $12,975 CERTIFICATION OF COMPLETION OF IMPROVEMENTS E~ CITY MANAGER'S/EXECUTIVE MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk or Secretary to the Board of Directors 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 and Carlsbad Municipal Water District are hereby directed to commence maintaining the above described improvements. Kevin Cra Date fo~ APPROVED AS TO FORM: CELIA BREWER, City Attorney By d/4~~ Deputy iy Attorney \IFILES01V\Departments\Public Works\PW Common\CAPITAL-ACTIVEIPWM18-58UTIL Rehabilitate Two Sewer Manholes\API (Public Works).doc Tracking#: PWM18-58UTIL CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT REHABILITATE TWO SEWER MANHOLES CONT. NO. 55031 This agreement is made on the ~\ ""\:t day of OcA:::t W , 2017, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Ayala Engineering, a sole proprietorship whose principal place of business is 8482 East Meadowridge Street, Anaheim, CA 92808 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perfonn 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 perfonn 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 tenns 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: Don Wasko (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 detennined 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. REHABILITATE TWO SEWER MANHOLES CONT. NO. 55031 Page 1 of6 City Attorney Approved 9/27/16 Tracking#: PWM18-58UTIL 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 bcontractor from participating in contract bidding . . //~ Signature: · ....,/4 - 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. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. REHABILITATE TWO SEWER MANHOLES CONT. NO. 55031 Page 2 of6 City Attorney Approved 9/2.7/16 Tracking #: PWM18-58UTIL 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 twenty (20) working days after receipt of Notice to Proceed. Completion: to Proceed. Contractor agrees to complete work within twenty (20) working days after receipt of Notice CONTRACTOR'S INFORMATION. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ayala Engineering (name of Contractor) 959385 (Contractor's license number) A -General Engineering Contractor 3/31/19 (license class. and exp. date) 1000005012 {DIR registration number) 6/30/18 (DIR registration exp. date) REHABILITATE TWO SEWER MANHOLES CONT. NO. 55031 Page 3 of6 8482 East Meadowridge Street ( street address) Anaheim, CA 92808 (city/state/zip) 714-823-7179 (telephone no.) 714-912-4571 (fax no.) Ricardo@Ayalaengineering.com ( e-mail address) City Attorney Approved 9/27/16 Tracking #: PWM18-58UTIL 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 AYALA ENGINEERING, a sole proprietorship ByL/ifL (si ere) Ricardo Ayala/Owner (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Wendy Ch bers/Utilities Director as authorized by the City 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~ey BY: ~ Deputy City Attorney REHABILITATE TWO SEWER MANHOLES CONT. NO. 55031 Page 4 of6 City Attorney Approved 9/27/16 Tracking#: PWM18-58UTIL EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract 0/, Total % Subcontracted: _ _..,_r1_/ ___ _ I The Contractor must perform no less than fifty percent (50%) of the work with its own forces. REHABILITATE TWO SEWER MANHOLES CONT. NO. 55031 Page 5 of6 City Attorney Approved 9/27/16 Tracking#: PWM18-58UTIL Scope Includes: EXHIBITS REHABILITATE TWO SEWER MANHOLES JOB QUOTATION City of Carlsbad Right of Way Permit Traffic Control Plans Flagman for traffic control Mobilization of all Labor and Equipment Prevailing Wages and Certified Payroll Perform Confined Space Entry All Crew Members Trained in Confined Space Entry, CPR, and First Aid Surface prep per manufactures recommendations Removal of existing manhole steps Installation of internal by-pass tubes to control flow during bench reconstruction Installation of #4 steel mat Manhole benches to be rebuilt to original dimensions Resurface of manhole interior Application of Sauereisen Epoxy for manhole rehabilitation Application performed by trained applicators Tes ting per manufacturers recommendations Exclusions: Replacement of frame & cover Hi-line bypass ITEM UNIT QTY DESCRIPTION NO. Rehabilitate two sewer manholes: 1 Job Manhole #9D-45 at Garfield St. & Carlsbad Village Dr. Manhole #90-25 at Christiansen Way & Ocean St. TOTAL NOT TO EXCEED* *Includes taxes, fees, expenses and all other costs. PRICE $12,975 $12,975 REHABILITATE TWO SEWER MANHOLES CONT. NO. 55031 Page6of6 City Attorney Approved 9/27/16 ACORH CERTIFICATE OF LIABILITY INSURANCE I OATE(aM)IJIYYYY) ~ 10/13/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certmcate holder Is an ADDITIONAL INSURED, the policy(les) must 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 endorsementtsl. PRODUCER ~~1CT Catherine Huckabav Dealei, Renton & Associates ~~ ...... 714-427-6810 If~ .... ,. 714-427-6818 P. 0. OX 10550 ~~~ ..... chuckabay@insdra.com Santa Ana CA 92711-0550 .....,_SI AFFORDING COVERAGE NAIC# 1NSUAERA: Wesco Insurance Comt>anv INSURED AYALAENGI INSURER B :landmafk American Insurance,-IIY Ayala Engineering INSURER c ,National Union Fire Insurance Co. 5753 E. Santa Ana Canyon tlG-57 INSURER o ,State Comoensation Ins. Fund of CA 35076 Anaheim CA 92807 INSURERE: INSURERF: COVERAGES CERTIACA TE NUMBER· 2048106367 . 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 V\.+IICH 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 PAJD CLAJMS. INSR TYPE OF INSURANCE POLICYEFF POLICY EXP I.MTS LTR INSI) l.....n POLICY NUMBER B X COMffl:RCIAL GENERAL LIABILITY y y LHA139250 2/8/2017 2/8/2018 EACH OCCURRENCE $1,000,000 f-~ Cl.AIMS-MADE Ci] OCCUR ~ I U n.~,,, ~ f-PREMISES IEa occum,nce\ $50,000 MED EXP """1 one -,;nn) $5,000 - PERSONAL & ADI/ INJURY $1,000,000 - GENi. AGGREGATE I.IMIT APPLIES PER: GEfERAL AGGREGATE $2,000,000 R::0~ DLoc PRODUCTS -~ N3G $2,000,000 $ A AUTOll10BILE UABIUTY y y VVPP140683401 '2fl/2017 '2fl/2018 IEa aooldent) ~ .... , $1,000,000 -ANYAVTO 800IL y INJURY (Per per.;on) $ -ALLOll'MED ~ SCHEDULED X AUTOS AUTOS BODILY INJURY (Per accident) $ -;--NON-OINNED .,..... ..... _!--/rYYtt"\\,:;:t1;; $ X HIRED AUTOS X AUTOS /Per accident\ f--f-$ C X UMBRELi.A UA8 MOCCUR EBU021521632 2/8/2017 2/8/2018 EACH OCCURRENCE $8,000,000 -EXCESSLIAB CLAIMS-MADE AGGREGATE $8,000,000 DED I I RETENTION s $ D WORKBIS cmaiBISA110N y 900495517 2/8/2017 2/8/2018 x 1~:TUTE I I~ AND EIIPLOYERS' UABIU1Y YIN IIN'( PROPRIETORIPARTNERJEl(ECUTI ~ NIA E.L EACH ACCIDENT $1,000,000 QFFICERJMEMllER EXCLUJEO? ~intet) E.L DISEASE -EA -$1,IXXl,(D) ~~~<lPERAllONS--E.L DISEASE • POUCY ~ $1,000,000 DESCRIPTIONOFOPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Rematt<s Schedule, mayb&-if more space is required) Re: Agreement #PVVM18-58UTIL, Rehabilitate Two Sewer Manholes -The City of Carlsbad is named as an additional insured as respects general and auto liability for claims arising from the operations of the named insured as required per written contract or agreement. Insurance coverage includes waiver of subrogation per the attached endorsement(s). SEE CANCELLATION SECTION of Certificate for 30 Day Notice of Cancellation. CERTIACATE HOLDER CANCELLATION 30 Days notice/ 10 Days Nonpay SHOULD ANY OF THE ABOVE DESCRIBED POl.JCIES BE CANCEU.ED BEFORE City of Cat1sbad/CMWD THE EXPIRATION DA.TE TIEREOF, NOTICE Will BE DEUVEREO IN cJo EXIGIS Insurance Compliance Services ACCORDANCE WITH lHE POLICY PROVISIONS. P.O. Box4668-ECM#35050 New York NY 10163-4668 AUTHORIZED REPRESENTATIVE I r?~ . © 1988-2014 ACORD CORPORATION. AR nghts reserved . ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It (;arefully. ADDITIONAL INSURED BLANKET-PRIMARY ANDYOURWORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any person or aganizatioo to whom or to which you a-e obligated by virtue of a written contract or by the issuance or existence of a written permit, to provide insurance such as is afforded by this policy. 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 Mbodily 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; and/or "your work• defN"led for the additional ilsured(s) designated above included in the "products-completed operations hazard". B. If you are required by a IM'itten contract to provide primary insurance, this policy shall be primary and SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 2/8/2017 forms part of Policy Number LHA l 39250 issued to AYALA ENGINEERING by Landmark American Insurance Company , ·-·-··---~•~•-,.,.~,~------··-··--------~----,.-•-~•-,~~-~ •----,-• ••·----·-'ff•••·--w•.,-,---~-=·--- RSG 15017 1207 (1185) lncludes copyrighted material of Insurance Services Office, Inc. 1984 with its permission POLICY NUMBER: WPP1406834 01 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement. the provisions of the COVERAGE FORM apply unless modified by the endorsement A. Newly Acquired or Formed Organizations, Employee Hired Car liability and Blanket Additional Insured Status for Certain Entities. Item 1, Who is an l nsured of Paragraph A. Coverage under SECTION 11-COVERED AUTOS LIABILITY COVERAGE is amended to add: d. Any organization you newly acquire or form. other than a partnership. joint venture or limited liability company, and over which you maintain ownership of a majority interest {greater than 50°,.;:~). will qualify as a Named Insured; hov"8ver, ( 1) coverage under this provision is afforded only until the 180 \ day after you acquire or form the organization or the end of the policy period. whichever is earlier: (1) coverage does not app~f to "bodily injury", "property damage" or ffcovered pollution cost or expensen that results from an ~accident" which occurred before you acquired or formed the organization; and (3) coverage does not apply if there is other similar insurance available to that organization.. or if similar insurance would have been available but for its termination or the exhaustion of its limits of insurance. This insurance does not apply if coverage for the newly acquired or formed organization is excluded either by the provisions of this coverage form or by endorsement e. An nemployeelt of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that ffemployee's" name, with your pennission, while performing duties related to the conduct of your business. f. /vly person or organization you are required by written contract or agreement to name as an additional "insured". but only with respect to liability created in whole or in part by such agreement B. Increase Of Loss Earnings Payment Subpart (4) of a. Supplementary Payments of Item 2. Coverage Extensions of Paragraph A. Coverage under SECTION II -COVERED AUTOS LIABILITY COVERAGE is amended to read: (4) We will pay reasonable expenses incurred by the "insured· at our request including actual loss of earnings up to $1,000 per day because of time off from vvork. C. Fellow Employee Injured By Covered Auto You Own Or Hire Item 5. Fellow Employee of Paragraph 8. Exclusions under SECTION 11-COVERED AUTOS LIABILITY COVERAGE is amended to add: This exclusion does not apply if the Hbodily injury" resutts from the use of a covered "auto" you own or hire. Such coverage as is afforded by this provision is excess over any other collectible insurance. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 5 Used with permission 0. Limited Automatic Towing Coverage Item 2. Towing, of Paragraph A. Coverage, under SECTION Ill-PHYSICAL DAMAGE COVERAGE is amended to read: 2. Towing We will pay for towing and labor costs each time that a covered "auto" is disabled. All labor must be performed at the place of disablement of the covered ·auto". a. The limit for towing and labor for each disablement is $500: b. No deductible applies to this cover- age. E. Item 3. Glass Breakage -Hitting A Bird Or Animal -Falling Objects or Missiles of Paragraph A. Coverage under SECTION HI -PHYSICAL DAMAGE COVERAGE, is amended to add: Glass Repair Coverage We will waive the Comprehensive deductible for Glass, if one is indicated on your covered Hauto~. for glass repairs. We will repair at no cost to you, any glass that can be repaired without replacement, provided the "loss· arises from a covered Comprehensive "loss" to your ~auto~. F. Increase Of Transportation Expense Coverage Subpart a Transportation Expenses of Item 4. Coverage Extensions of Paragraph A. Coverage under SECTION HI- PHYSICAL DAMAGE COVERAGE is amended to read: a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered flauto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration. when the covered "auto• is returned to use or we pay for its "loss"_ G. "Personal Effects .. Coverage item 4. Cover-age Extensions of Paragraph A. Coverage, underSECTION Ill- PHYSICAL DAMAGE COVERAGE is amended to add: "Personal Effects" Coverage We will pay actual cash value for "loss" to "personal effects" of the "insured" while in a covered "auto" subject to a maximum limit of $2,500 per "loss", for that covered "auto" caused by the same ·accident". No deductible will apply to this coverage. H. "Downtime Loss" Coverage Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION Ill. PHYSICAL DAMAGE COVERAGE, is amended to add: "Downtime Loss .. Coverage We will pay any resulting "downtime loss" expenses you sustain as a result of a covered physical damage "loss" to a covered nauto" up to a maximum of $100 per day, for a maximum of 30 days for the same physical damage "loss", subject to the following conditions: a. We wiN J>!OVide "downtime loss" beginning on the 5 \ day after in· have given you our agreement to pay for repairs to a covered "auto" and you have given the repair facility your authorization to make repairs: b. Coverage for "downtime loss" expenses will end when any of the following occur: (1) You have a spare or reserve "auto" available to you to continue your operations. (2) You purchase a replacement •autop. (3) Repairs to your covered "auto" have been completed by the repair facility aid they determine the coyered "auto~ is road-worthy. (4) You reach the 30 day maximum coverage. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission I. Item 4. Coverage Extensions. of Paragraph A. Coverage, under SECTION It. PHYSICAL DAMAGE COVERAGE, is amended to add: We witl pay any resulting rental reimbursement expenses incurred by you for a rental of an ~auto" because of "loss" to a covered wautou up to a maximum of $100 per day, for a maximom of 30 days for the same physical damage ~loss", subject to the following conditions : a. We will provide rental reimbursement incurred during the policy period beginning 24 hours after the "loss· and ending. regardless of the policy expiration. with the number of days reasonably required to repair or replace the covered ffauto". If the ''loss" is caused by theft. this number of days is the number of days it takes to locate the covered ·auto" and return it to you or the number of days it takes for the claim to be settled. whichever comes first. b. Our payment is limited to necessary and actual expenses incurred. c. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. d. If a "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 for under the Physical Oarnage Coverage Extension. J. ..Personal Effects" Exclusion Paragraph B. Exclusions under SECTION HI-PHYSICAL DAMAGE COVERAGE, is amended to add: "Personal Effects .. Exclusion We will not pay for "loss" to "personal effects" of any of the following . a. Accounts. bills. currency, deeds, evidence of debt. money, notes. securities or commercial paper or other documents of value. b. Bunion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; ;ewelry: watches; precious or semi-precious stones. c Paintings, statuary and other works of art. d. Contraband or properly in the course of ilegal transportation or trade. e. "Loss~ caused by theft. unless there is evidence of forced entry into the covered ~auto" and a police report is filed. K. Accidental Airbag Discharge Coverage Item 3.a. of Paragraph B. Exclusions under SECTION Iii-PHYSICAL DAMAGE COVERAGE is amended to read: a. Wear and tear. freezing, mechanical or electrical breakdown. The exclusion relating to mechanical break-down does not apply to the accidental discharge of an air bag. L Loan or lease Gap Coverage Paragraph C. Limit Of Insurance under SECTION Ill-PHYSICAL DAMAGE COVERAGE is amended to add. If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on ii. we will pay. in the event of a covered total ·toss". any unpaid amount due on the lease or loan for a covered "auto·. less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments including penalties. interest or other charges resulting from overdue payments at the time of the Rloss". (2) Financial penalties imposed under a lease for excessive use. abnormal wear and tear or high mileage; (3) Costs for extended warranties. Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by the lessor; and (5} Carry-over balances from previous loans or leases CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of 5 Used with permission M. Aggregate Deductible Paragraph 0. Deductible under SECTION Ill-PHYSICAL DAMAGE COVERAGE is amended to add: Regardless of the number of covered "autos" involved in the same "loss", only one deductible wm apply to that "loss". If the deductible amounts vary by "autos". then only the highest applieable deductible wiU apply to that ~loss". N. Diminishing Deductible Paragraph D. Deductible under SECTION Ill-PHYSICAL DAMAGE COVERAGE 1s amended to add: My de..ductible will be reduced by the percentage indicated below on the first "loss• reported during the corresponding policy period: Loss Free Poiicy Periods Deductible Wrt.'1 the Expansion Reduction on the Endorsement first "loss· 1 O·h 2 25% 3 50'-Jfj 4 75"-a 5 10D:-o If we pay a Physical Damage "loss" during the policy period under any BUSINESS AUTO COVERAGE FORM you have with us. your deductible stated in the Declarations page of each such COVERAGE FORM wiU not be reduced on any subsequent claims during the remainder of your policy period and your deductible reduction wifl revert back to 0% for each such COVERAGE FORM if coverage is renewed. 1. Knowtedge of Loss and Notice To Us Subsection a. of Item 2. Duties In the Event of Accident. Claim. Suit or Loss of Paragraph A. Loss Conditions under SECTION W --BUSINESS AUTO CONDITIONS is amended to add: However. prompt notice of the "accident". claim. ~suit0 Of ioss0 to us or our authorized representative only applies after the "accidenr, claim. "suit" or "loss" is known to: t 1) You. if you are an individual; {2i A partner, if you are a partnership; (3) An "executive officer" or director. if you are a corporation; {4) A manager or member. if you are a limited liability company: (5) Your insurance manager; or (6) Your legal representative. P. Waiver Of Subrogation For Auto Liability Losses Assumed Under Insured Contract Item 5. Transfer Of Rights Of Recovery Against Others To Us of Paragraph A Loss Conditions under SECTION W - BUSINESS AUTO CONDITIONS is amended to read: 5. Transfer of Rights of Recovery Against Others To Us If any person or organization to or for whom 'k"e make payments under this Coverage Form has rights to recover damages from another, those rights are lransferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after an Kaccident" or "loss~ to impair them. However, if the insured has waived those rights to recover lhrough a written contract, we will waive any right to recovery we may have under this coverage Form. Q. Insurance is Primary and Noncontributory Subpart a. of Item 5. Other Insurance of Paragraph B. General Conditions under SECTION f'/-BUSINESSAUTO CONDITIONS is amended to read: a. This insurance is primary and noncontributory. as respects any other insurance, if required in a written contract with you. R Other Insurance -Hired Auto Physical Damage Subpart b. of Item 5 .. Other Insurance of Paragraph B. General Conditions under SECTION W-BUSINESSAUTO CONDITIONS is amended to read: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered ·autos· you own: (1) Any covered "auto" you lease, hire, rent or borrow; and CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4of 5 Used with permission (2) Any covered ·auto" hired or rented by your "employee• under a contract in that individual "employee's" name .. with your permission, whde performing duties related to the conduct of your business. However, any "auto" that is leased, hired. rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV-BUSINESSAUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy. provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V-DEFINITIONS is amended to add: RPersonal effects· means personal property owned by the "insuredtt. "Downtime loss" means actual loss of "business income-for the period of time that a covered "auto": 1. Is out of service for repair or replacement as a result of a covered physical damage "loss" and 2. is in the custody of a repair facilrty if not a total "loss". -susiness Income" means: 1. Net Income (Net Profit or loss before income taxes) that would have been earned or incurred; and 2. Continuing normal operating expenses incurred. inciuding payroll. In this endorsement, Headings a1id Titles are inserted solely for the convenience and ease of refernnce. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement All other policy wording not specifically changed, modified, or replaced by this CA990187 071 S Includes Copyrighted Material of Insurance Services Offices, Inc. Used with permission Page 5 of 5 LANDMARK AMERICAN INSURANCE COMP.ANY This Endorsement Qlanges The Policy_ Please Read It Carefully_ WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any Person or Organization As Requued By Written Contract The following is added to SECTION JV -CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, "your product" or "your work" done under a written contract •.vith that person or organization and included in 1he "product-completed operations hazard". This waiver applies only to the person or crganization shown in the SCHEDULE above. This endorsement effective 2/8/2017 forms part of Policy Number lHA1392SO issued to AYALA ENGINEERING by Landmark American Insurance Company RSG 14048 1008 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission. STATE ' ;,."""" ,, " ... ,.,,. "" ~ ~ :>,. .. , \, FUND HOME Ofi"tCE WAIVER OF Sl>"BROGATIOtt ~'f BU IS - REP Dl 9004955 RENEWAL NA 5-72·-51-30 Mr,: mANasco EFFECTIVE PEBRUARY 8, 2017 AT 12.01AM PAGE l OF AND EXPI~ING FEBRUARY 8. 2018 AT 12.01 AM AU. lE.fFECTI\t'E OATES AR! . AT 1:Hl1 AM PACIFIC ST Al'IDARD TIME OR Tri£ TIME tNDtCATED AT ?AC!l-1C ST ANOARD Tt\tE AYALA ENGINEERING 5753 E. SANTA ANA CANYON IG-571 .ANABEIM, CA g2eo, WE HAVE mE RIGHT TO RECOVER OUR PAx"MENTS fROM ANYONE LIABLE FOR AN INJl.JRY COVERED BY 'THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGAfU.ZATION NA.l<t:D IN nu: SCHEDULE. nus AGREEMENT APPLIES ONLY TO nm EXTENT ntAT YOU PERFORM WORK UNDER A '~ITTEN CONTRACT TI:IAT :REQUIRES YOU TO OBTAIN nus AGREEMENT FROM us. THE ADDITIONAL PREMHl'),1 r'OR 11US ENOORSEMEITT SHALL BE Z,QJ)}.; OF Tim TOTAL POlJCY PH.EMiiJM. A!fN PERSON OR ORGANIZATION FOR WHOM TiiE NAMED INSURED H.b.S AGREED BY WRITI'EN CONTRACT TO FURNISH THIS WAIVER BLANKET WAIVER OF SUBROGATION NOTii!Ml IN THIS ENDORSEMENT CONTAINED SHALL BE HEU> TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE 'l'BWS, CONOmONS, AGREEMEffl"S, OR llMl'rATIONS Of TIU POLICY OTHER THAN AS STATED.· NOTtftNG ELSEWHERE ft THIS POLICY SHAU. SE He.D TO VAAY, ALTER, WAIVE OR UMIT THE TERMS, CONDfTtONS, A~NTS OR UMITATOONS Of TIHS ENDORSEMENT. ih . . 0/4'._:.N..4-._, 2512