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C-3723 - West Newport Streets and Alleys Pavement Rehabilitation
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 13, 2007 All American Asphalt P. O. Box 2229 Corona, CA 92878 Subject: West Newport Streets and Alleys Rehabilitation (C -3723) To Whom It May Concern: On June 13, 2006, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on July 27, 2006. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 088 28 602. Enclosed is the Faithful Performance Bond. Sincerely, �r� -y1��w LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT "LEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 EXECUTED IN FOUR (4) PARTS BOND NO. 08s 28 602 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3.422,00 , being at the rate of $ 4.25 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to ALL AMERICAN ASPHALT, hereinafter designated as the °Principal°, a contract for construction of WEST NEWPORT STREETS AND ALLEYS REHABILITATION, Contract No. 3723 in the City of Newport Beach, in strict conformity with the plans, drawings, specificatioris, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS. Principal has executed or is about to execute Contract No. 3723 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract: NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surely"), are held and firmly bound unto the City of Newport Beach, in the sum of NINE HUNDRED TWENTY -TWO THOUSAND, NINE HUNDRED TWENTY - TWO AND 001100 DOLLARS ($922,922.00), lawful money of the United States of America, said sum being equal to 100° of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that'd the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on Its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true Intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified In this Bond; otherwise this obligation-shall become null and void, 28 i• As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, irouding reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action to law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and 0 does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the spec cations. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. ' IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 16 thday of yebxuaxv 12006. . ALL AMERICAN ASPHALT (Principal) FIDELITY AND DEPOSIT COMPANY ME MARyy,(Om Name of Surety 801 NO. BRAND BLVD.' GLENDALE, CA, 91203 Address of Surety SURETY: 818 - 409 -2800 Telephone AGENT: 714 -935 -1112 M,7'RTT M RRR �AI1QV TEV -TN—ZA T Print Name and T a NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 ACKNOWLEDGMENT \ _ r il' 11 State of California County of Riverside ss. On February 21. 2006 before me, Debbie A. Matsen, Notary Public. Date Name and Title of Officer Personally appeared Robert Bradley Name(a) of Signer($) DEBBIE A. MATSEN _ Commission # 1452589 W Notary Public . California Riverside County 61MyComm. Expires Nov22, 2007 OPTIONAL X personally known to me s� to be the person(a) whose name($) Is/aresubscribed to the within instrument and acknowledged to me that ha%heAkey executed the same in hisA;eNWeIFauthodzad capacity(iea), and that by hh%%e0H,eo -- signature(,w') on the instrument Ste personA or, the entity upon behalf of which the person acted, executed the Instrument. WITNESS my hand and official seal, x�4Po.lt? Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Faithful Performance Bond. City of Newport Beach Document Date: February 16, 2006 Signer(la) Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley Individual XCorporate Officer Title(: Vice President Partner- Limited _General Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Number of Pages: 2 Top of thumb here 0 s. CALIFORNIA ALL•1001iPOSE ACKNOWLEDGMENT State of California } ss. County of ()RANGE J On 2 -16 -06 before me, BARBARA J. BENDER oero Name and TOM Mufeg• •be OOe. Nalay PWAO personalty appeared OWEN M.-BROWN Namefal � agedO1 h 1.^ r a ,�,�.121 ;O,i�:l:�: !. A•a. tiU.•J:.1a : °:IiL.fa•:4r13:9a:i.�.1 to be the person(*) whose name(y) .is/= subscribed to the within instrument and acknowledged to me that he/lijillghWexecuted the same in his,AmoillOr authorized capacity(ies), and that by hisJbm ON signature(y) on the instrument the person(d), or the a upon behalf of which the person(*) acts , ex used the instrument. pp f OPTIONAL Though Me mfwMWn bslow is no required bylaw, O maypmve valuable to persons relying on Ote domnrm r and oouldprevenl lraudulerd removal and reafra hf t of Otis form to another docrm and Description of Attached Document Title or Type of Document: Document Date: PERFORMANCE BOND NO. 088 28 602 2 -16 -06 NumberofPages: TWO (2) Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(ies) Claimed by Signer Signer's Name: OMEN 'M. BROWN • Individual Top ol U u b here • Corporate Officer— Title(s): • Partner — O Limited 0 General xosAttomey -in -Fact • Trustee • Guardian or Conservator 0 Other. Signer Is Representing, FIDELITY AND DEPOSIT COMPANY OF MARYLAND' Ote89 NadonN NOlmyaa�da9On•8%e ae SOb Rve.,P.Q Sox TAa2•g66aala1. C/1919132fo2 •..aar�tbao000nn,e Prod. NO.9ier NeoraO,: {,bOT�&Fmu.80aAla61Q) CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC July 27, 2006 All American Asphalt P. O. Box 2229 Corona, CA 92878 Subject: West Newport Streets And Alleys Rehabilitation (C -3723) To Whom It May Concern:. On June 13, 2006, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been: recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 22, 2006, Reference No. 2006000417652. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 088 -28 -602. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 ACUTE IN FOUR (4) PARTS BOND NO. 088 28 602 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to ALL AMERICAN ASPHALT, hereinafter designated as the "Principal," a contract for construction of WEST NEWPORT STREETS AND ALLEYS REHABILITATION, Contract No. 3723 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3723 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, 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 the undersigned Principal, and, FIDELITY AND DEPOSIT COKPANY OF MARYLAND duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety -) are held firmly bound unto the City of Newport Beach, in the sum of NINE HUNDRED TWENTY -TWO THOUSAND, NINE HUNDRED TWENTY -TWO AND 001100 DOLLARS ($922,922.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract: for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations. of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to Me claims under Section 3181 of the California Civil Code so as to give a right of action to them. or their assigns in any suit brought upon this Bond, as required by and In accordance with Ike provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. in the event that any pr1r4pal above named executed this Bond as an individual,. It Is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been duly executed by the above named Principal and Surety, on the 16th day of Febriiary , 2006. ALL AMERICAN ASPHALT (Principal) FIDET,Ift AND DEPOSIT COMPANY OF'MARVIAND Name of Surety 801 NO. BRAND BLVD. GLENDALE, CA. 91203 Address of Surety SURETY: 818 -409 -2800 Telephone AGENT: 714 -935 -1112 OWEN'X. ]MOW, - ATTOMEY, -TX^PACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 State of California County of Riverside Ss. On February 21. 2006 before me, Debbie A. Matsen. Notary Public, Date Name and The of Officer Personally appeared Robert Bradley Name(g) of Signer() DEBBIE A MgMlsl Common # 1452569 .� Notary Public . Callfomla Riverside County [ My Comm. Expkes Nov 22, 2007 OPTIONAL Z personally known to me _ hslasl n.d......�-..dSo- to be the person(s) whose name(y) Isere subscribed to the within Instrument and acknowledged to me that helsheAkey- executed the same in hislhergpeirautforimtl capacty(iss), and that by hWA*W#*tr-- signatureAt on the instrument the persono) or, the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal. Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Labor and Materials Bond. City of Newport Beach Document Date: February 16, 2006 Number of PagesL, Signer($) Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley Individual XCorporate Officer Tide(s): Vice President _Partner- Limited _General _ Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here r i CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On 2 -16 -06 before me, BARBARA J. BENDER peN Name wd TOe aosk. ley. •.lane ore, NNen Puban personally appeared OWEN M,' BROWN ��MRdWAJ. fif3DER f�mrnlalon i 1494916 1]Pdrrp! CaaMY ttprCpam.6sniseJtl lA 4A . MIA ♦ J O'k 3'T7 to be the person(a) whose name(*) -is/lift subscribed to the within instrument and acknowledged to me that halexecuted the same in him authorized capacity('N:s), and that by hignoM R signature( on the instrument the person(#), or the eA upon behaR of which the person(O acted, e ecuted the instrument. ♦ ' . , ".^ OPTIONAL Though Bee inrom+abon below is not required by ler: it meypmve vakwde ro persons retying on Me danrmentand onrBdPrevenl baadui&d re omW and reeNechmenr or dlrs ram to aoQVWdaaanarL Description of Attached Document Title or Type of Document: PAYMENT BOND NO 088 28 602 Document Date: 2 -16 -06 Number of Pages: TI-40 (2) Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(les) Claimed by Signer Signer's Name: OWEN M, BROWN • Individual Top of a„mb We • Corporate Officer — Trde(s): 0 Partner -0 Limited 0 General x=kttomey -in -Fact El Trustee • Guardian or Conservator • Other. Signer Is Representing- FIDELITY AND DEPOSIT COMPANY OF MARYLAND' 01MNmimai NmmyAnwfeson .936pbesabA 'P.O.eoa 2iW•Chemxdlh, CA 813132502•rrw.MbnaYpmryap ProefteW PsvUef. CBe Retrae a.woerearri Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the Stale of Maryland, by WILLIAM I. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h : by nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its we and I or act, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act a kings, and the execution of such bonds or undertakings in pursuan s on said Company, as fully and amply, to all intents and purposes, as if t O xe k ged by the regularly elected officers of the Company at its office in Bal ' raj h rr his power of attorney revokes that issued on behalf of Owen M. BA0,V d it ruarvd The said Assistant tg Section 2, of the By-lfq WITNESS WIV affixed the Corporate December, A.D. 2004. ATTEST: R a i r RL eertk0iiat the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. R)'OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland l ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By. i William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal.the day and year first above written. ('10M 4F I c grmUt Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA -F 012 -4160 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 EXECUTED IN FOUR (4) PARTS BOND NO. 088 28 602 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,922.00 being at the rate of $ 4.25 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by notion adopted, awarded to ALL AMERICAN ASPHALT, hereinafter designated as the "Principal", a contract for construction of WEST NEWPORT STREETS AND ALLEYS REHABILITATION, Contract No. 3723 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3723 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of NINE HUNDRED TWENTY -TWO THOUSAND, NINE HUNDRED TWENTY- TWO AND 001100 DOLLARS (3922,922.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified. and in all respects according to its true intent and meaning, or falls to Indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation =shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, ingluding reasonable attomeys fees, incurred by the City, only in the event the City Is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, . alterations or additions to the terms of the Contract or to the worts to be performed thereunder or to the specifications accompanying the same shall in any way affect its obllgations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance bond shall be extended and maintained by the Principal In full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an Individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. ' IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the lbthday of February , 2006. ALL AMERICAN ASPHALT (Principal) FIDELITY AND DEPOSIT COMPANY " ?AAUVr "Tn Name of Surety 801 NO. BRAND BLVD. GLENDALE, CA. 91203 Address of Surety SURETY: 818- 409 -2800 Telephone AGENT: 714- 935 -1112 f1bT}1T1- -'M - R12('I �...A1102NRV rNArT Print Neme and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 ALL- PURPOSE State of California County of Riverside SS. On February 21, 2006 before me, Debbie A. Matsen, Notary Public, Date Name and Title of Officer Personally appeared Robert Bradley Name(s) of Signer($) QMyComm. DEBBIE A ZSEN Commission # 1452589 Notary Public - CalifornRiverside County Expires Nov 22, 2007 OPTIONAL X personally known to me to be the person(s) whose nameW is/erasubscribed to the within instrument and acknowledged to me that he/ehekhey executed the same In hI&%eWAeiraufhorized capacityOW, and that by his/kerAheir-- signaturefsl on the instrument the personal or, the entity upon behalf of which the perso 5po acted, executed the instrument. WITNESS my hand and official seal, Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Faithful Performance Bond. City of Newport Beach Document Date: February 16, 2006 Signer(g) Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley _Individual XCorporate Officer Title(4: Vice President _Partner- _Limited _General _Attorney -in -Fad �. _Trustee _Guardian or Conservator _Other: Signer is Representing: All American Asphalt Number of Pages: 2 Top of tiwmb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ORANGE On 2 -16 -06 before me, BARBARA J. BENDER DM Napes Taw,& 0m (e.9..Va. Dee. Naar away) personally appeared OWEN M. BROWN NaneGl a lei .� *NDER Mo1mY11At�C-Cdo&ilm I 011111llpsCw111111V 61NVCWjLF g7irtsAd 13 ..A .: to be the person(&) whose name(& .WW subscribed to the within instrument and acknowledged to me that he/liffilbijiexecuted the same in his/" -- .– authorized capacity(ies), and that by his/MWA W signature(/) on the Instrument the person(*), or the a #f�uupon behalf of which the person(*) acte , ex� uted the instrument. OPTIONAL Though Me Mrs dan below is not wired by law, it may prove valuable to persons retying on Me dacumern and could prevent baudulent mnmval and madachment of Mta form to anotherdocranem. Description of Attached Document Title or Type of Document: Document Date: PERFORMANCE BOND N0, 088 28 602 2 -16 -06 Number of Pages: TWO (2) Signer(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacity(Des) Claimed by Signer Signer's Name: OWEN M. BROWN • Individual Top of o-wob "ere • Corporate Officer— Tltle(s): • Partrier —❑ Limited O General »sAttomey -in -Fact • Trustee • Guardian or Conservator O Other. Signer Is Representing: FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0 1999 Na6ma Newrnmamee• 9350 De S R ..M. BOx 2a02•Cheheaan, CA9131 &PA92•www.rmtlmNnaaY.a9 Prod Na9Sal aeerWr.Ce3lbYiree150D9]BfiB4! RECORDING REQUEREGES EP Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder WHEN RECORDED RETURN TO: ��{{ ��{ ��{ ��{{ ���{{{ IIAI{{{{ IIIII��� {� {I�I�n�NII {�ND FEE City Clerk '06 JUN 29 A9'.07 2006000417652 093021m 06122146 City of Newport Beach 121 139 N12 1 o.00 0.00 0.00 0.00 ().00 0.00 0.00 0.00 3300 Newport Bout Of THE CITY CLERK Newport Beach, CAUM68 HELIPORT BEACH "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on February 28, 2006. Said Contract set forth certain improvements, as follows: West Newport Streets and Alleys Rehabilitation (C -3723) Work on said Contract was completed on May 26. 2006, and was found to be acceptable on June 13, 2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. 715UI5li vWorks Director C' of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Zg a00 (o at Newport Beach, California. �� 2 OF Ne b �ir� �J BY � 'City 'Clerk o RNIA 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonnc M. llarkless, MMC June 14, 2006 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion (C -3721 & C -3723) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and All American Asphalt, of Corona, California, as Contractor, entered into a Contract on February 28, 2006. Said Contract set forth certain improvements, as follows: West Newport Streets and Alleys Rehabilitation (C -3723) Work on said Contract was completed on May 26. 2006, and was found to be acceptable on June 13. 2006, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. Forks Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 5 a00 {o at Newport Beach, California. 38/ o �MCM 12UlI 13 2 "5 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT - 3 2- Agenda em No. 11 June 13, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 or rgunther @city.newport- beach.ca.us SUBJECT: WEST NEWPORT PAVEMENT REHABILITATION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3723 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On February 28, 2006, the City Council authorized the award of West Newport Pavement Rehabilitation contract to All American Asphalt. The contract provided for the asphalt pavement restoration on Seashore Drive from 33rd Street to Cedar Street as well as numerous street ends and alleys from 315t Street to Olive Street. The roadway work included cold milling and overlaying portions of roadway, removing and replacing other portions of deteriorated asphalt roadway, replacing curb access ramps, constructing cross gutters, replacing signal loops, adjusting utilities to grade, and other incidental items of work. Also work was completed on a number of alleys that included removing existing asphalt pavement and existing PCC ribbon gutter within selected alleys, constructing new PCC alley pavement, alley approaches, replacing water meter boxes, water valve covers to the finished grades, and other incidental items of work. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $922,922.00 Actual amount of bid items constructed: 827,223.50 Total amount of change orders: 4,056.44 Final contract cost: $831,279.94 *west Newport Pavement Rehabilitation . Ccmpletioo Acceptance of contract No. 3723 : June 13, 2066 Page 2 The decrease in the amount of actual bid items constructed under the original bid amount resulted from reduction of the amount of leveling course required. The final overall construction cost including one Change Orders was 10 percent under the original bid amount. One Change Order in the amount of $4,056.44 provided for additional cold -mill grinding on Seashore Drive. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Funding Availability: There are sufficient funds available in the following account(s) for the project: Account Description West Newport Pavement Rehabilitation (Water Fund) West Newport Alley Improvements (Water Fund) West Newport Alley Improvements (General Fund) West Newport Pavement Rehabilitation (Gas Tax) Assessment Districts Funding — Street Rehabilitation Wastewater Enterprise Funds Account Number 7501- C5100768 7501- C5100277 7013- C5100277 7181- C5100768 74069 -9804 7531- C5600292 Total: Amount $281,343.06 $1,840.00 $136,272.95 $85,741.52 $314,814.41 $11,268.00 $831,279.94 All work was completed by May 26, 2006 the original scheduled completion date. Prepared by: � Submitte�.k�� R. G nther, P.E. Ste n . Badum Construction Engineer P lic Works Director • 0 is 0 • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 14th day of February, 2006, at which time such bids shall be opened and read for Title of Project Contract No. 3723 $1,060,000 Engineer's Estimate den G. Badum Works Director BIDDER'S LIST AVAILABLE ON CITY WEBSITE: htto://www.citv.newoort- beach .ca.us /obwbidlist/default.aso Click: Online Services — Public Works Bid List Prospective bidders may obtain one set of bid documents for $20.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Frank Tran, Proiect Manager at (949) 644.3311 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT.. ................................................................................................................ 20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL............. . .................. ......................................................... I..................... PRA SPECIAL PROVISIONS ............................................................. ............................... SP -1 APPENDICES APPENDIX A— Drawing No. T- 5782 -L APPENDIX B — Striping Work Order for Alleys • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in 0 9 substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.qpo.gov/davisbacon 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 at seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 4a ,n o -) 3,-A, C!a Contractor's License No. & Classification HWJMT;2015 ! AL rized Signature/Title Rob ,eri - emAieV Y►a-e Pr d,vv� i�� .. • . Mor ., FJ 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BOND NO. 085 97 423 WEST NEWPORT STREETS AND ALLEYS REH ILITATION CONTRACT NO. 3723 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Trm Pvgr.PNT nF TnTAT, uTn vurru. TM ---- Dollars ($ ini of Rid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of WEST NEWPORT STREETS AND ALLEYS REHABILITATION, Contract No. 3723 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(&) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, It Is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 9th day of February 2006. ALL AMERICA] ASPHALT Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 801 NO. BRAND BLVD GLENDALE, CA. 91203 OWEN M. BROWN, ATTORNEY-IN- FACT" Address of Surety Print Name and Title Surety: 818- 409 -2800 Tel Agent. t."0914 -935 -1112 (Notary acknowledgment of Principal & Surety must be attached) BID DATE: FEBRUARY 14, 2006 State of California County of Riverside On February 10, 2006 before me, Debbie A. Matsen. Note Pry Date Name and Title of Officer PersonaAy appeared Robert Bradley Nameo of SVW(0) DEBBIE A. MATSEN Commission # 7452589 .o Notary Public - Califomio Riverside County My Comm. ExpkesNov22, 21707 OPTIONAL X personally known to me __jweved to me to be the person(*) whose name(*) Were subscribed to the within Instrument and admowledged to me that halsheAkey executed the same in hefterftheirarthortzed capaaitypee} and that by his elF signature(s) on the instrument the person(a) or, the entity upon behalf of which the person(s) acted, executed the Instrument WITNESS my hard and ofdal seal, na 1A rYr e u� s gnature Of Notary Public Though the information below is not required by law, it may prove vakiable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Bidder's Bond. City of Newport Beach Document Date: February 9. 2006 Signer(p) Other Than Named Above: Owen M. Brown Signer's Name: Robert Bradley Individual XCorporate Officer Titie(p): Vice President _Partner- Limited _General _Attomey -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Number of PagesU Top of tlwmb here 0 0 slate of California as. cour" Of on before me, BARBARA J. BEES O M, 'BROWN personafly a M ppeared MWOM 01 Stu" ----------- to be the pmorKs) wt4se naMeW WW subsorbed to., the VA#ft inst"Arlem and admuwledged to me that heMSOW executed the same in fftfindfg* authorized capacity(les), and that by hoftodW souftweW an the instrurywd the person(o), or the R93 upon behaff of which ft pamonfo OP"OAFAL ftHLdL*WfWR0V3l5WAMXMdMXV9 Of NO F&M foarwVwdausnont 0090"M of Attached DDCtMwd Tice or Type of Document MMTT-TTMCI I IWIAKOGTRI Number afPages: ON't(o SOier(s) Other Than Named Above: ALL AMERICAN ASPHALT Capacky0") Claimed by SIW• signers Narnec. OWM M. BROWN ❑ Indh4clual Top cl tdR6 two 0 Comorsteowdw— Tows): of 0 Partner -0 Um4ed rl General ❑ Trustee 11 Cwardlan or CAmsenwor ❑ Other slwgmw is FIDELITY AND DEPOSIT COMANY OF MARYLAND • • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hie des y nominate, constitute and appoint Owen M. BROWN, of Anaheim, California, its true and I ortp act, to make, execute, seal and deliver, tor, and on its behalf as surety, a*asits a takings, and the execution of such bonds or undertakings in pursu on said Company, as fully and amply, to all intents and purposes, as if t e gel by the regularly elected officers of the Company at its office in Ba ' r� h r This power of attorney revokes that issued on behalf of Owen M. $P,O flat ruarvCa �, q The said Assistant SEI Section 2, of the By -Llq IN WITNESS WId affixed the Corporate December, A.D. 2004. ATTEST: 'Cp atP08r! 4 � r 6ttffglEt the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. RR'OF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 27th day of State of Maryland l ss: C ity of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND / /--' i J Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 27th day of December, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. eilt+ >F Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA -F 012 -4160 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May. 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 4th day of February 1 2006 Assistant Secretary Company Profile Company Profile Pagel of 3 FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE, 19TH FLOOR TOWER 1 SCHUAMBURG, IL 60196 -1056 800 - 382 -2150 Agent for Service of Process ANDREW K. PLATT, C/O ZURICH NORTH AMERICA 801 N. BRAND BLVD., 13TH FLOOR GLENDALE, CA 91203 Unable to, Locate the Anent for Service. of Process? Reference Information NAIC #: 39306 NAIC Group #: 0212 California Company ID #: 2479 -4 Date authorized in California: January 01, 1982 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: MARYLAND Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glQmary. http:// cdinswww.insurance.ca.gov /pls/wu co prof/idb co prof utl.get co prof?p EID =6217 02/15/2006 • Company Profile AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY CREDIT FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents Company ..Performance .&- Comparison .Data Composite Complaint-Studi—es Want More? Help Me Find a Company Representative Financial Rating Organizations http://cdinswww.insin-abee.ca.gov/pls/wu co profidb co prof utl.get co prof.7p EID=6217 Page 2 of 3 02/15/2006 0 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: GQS2(a,ld S.r Swr rev Address: Of-"e- Phone: }/4) 67 T— C-1 NSr State License Number: LS 1 qp Name: OG StrI+P Address: o Y e- ",' r/ aq Phone: (ql'o 63q -4m State License Number: 3g60 i Name:raf;For�itProfess! Er9� Address: r Phone: t6?6) It" State License Number: -+4 3 4 0 7- lklfq�ri iW 8 i & at f i „ y P6 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number 5;4roYo_+ 9eV)ab;I;J21±im a4- Varial_5 (nnh�io✓Is Project Description '&+rpnet kA&l0i)i-i•&FI6n Approximate Construction Dates: From 0-1-05 To: to -3h -0.5 Agency Name Ct +y o-of lJG 6eyi✓c Contact Person %,p,r onapli n Telephone (ioao A39-$445 Original Contract Amount $_1U9,5V0Final Contract Amount $ 109. 560.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. A)IA kNr—W Project Name /Number Gall-e JUI (�orrn Si,ree;- RvV%akili -fa:14em Project Description Gi-vttk Aehmb;lik2Hw Approximate Construction Dates: From 2- t -O5 To: q--3t) -,or, Agency Name _6i4y o-,-' 52y) at°�tG Contact Person G rtk,V Telephone (qH9) 3tal -1e13a Original Contract Amount $Final Contract Amount $ 5a9, pc[o .00 If final amount is different from original, please explain (change orders, extra work, etc.) Ill! fl. Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number 03l0 l e ?,�,rdP_ Sirr�a m�anr rnfn C�j��t Project Description rpe+-Cmnrn1vYA ML 2' Approximate Construction Dates: From S-a -t34 To: 9 -lLrb5 Agency Name , +5p-Flups► f,n✓ Contact Person - "hp,res.R 'frriv, Telephone (714) JITS- 8311 Original Contract Amount $ I,141A,ZFinal Contract Amount $ 1 +14R� 7.�YJ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 4 Project Name /Number Annwa l airge-t 1rla1'h.t 4mp Project Description 5ifese± LC400 MCU -CU 0h Approximate Construction Dates: From To: LH-D5 Agency Name Ci +V 0 -e' /3r" Contact Person (1n✓i -rvu Telephone 014 ) - 74N-5513 Original Contract Amount $LaLaRa92Final Contract Amount $ 1,3t�9,- 798.60 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. WI Project Name /Number AL.e 'j god HAylJl3✓ I51 ✓d, Project Description v-&r s+- Q rx� g±YUrFiDYI Approximate Construction Dates: From To: q-3D-o5 Agency Name Ci +V�f &rAeh 19-MvIe Contact Person Navin Meru Telephone (14) 14I -5197) Original Contract Amount $1 7 °.')=final Contract Amount $ I A- 1,7zprgro.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. A. I AF i,rW, Project Name /Number Ma rw r"-+ rn spy 5 Project Description 5trpa+ momrernFVrt� Approximate Construction Dates: From 7-ia OH To: S -ao-otf Agency Name (f Frl,a��rn Contact Person belly &ay lnv,/ Telephone (Wk4 114-66apr) Original Contract Amount $62pffaFinal Contract Amount $ aa9,3'Slo. °O If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NSA Attach additional sheets if necessary Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. S-ee µt•tach�Od fbo e. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. &II Arnpriew AVrnal+ Bidder Authorized Signature/Title 8 60,e(4- t3,azaleV,vice 4 10 DOUG E ARRINGTON P.O. BOX2229 CORONA, CA 917182229 WORK HISTORY ALL AMERICAN ASPHALT, Corona, California ConatrnctloA Manager (September, 1996 to Present) • Supervise construction activities for general engineering contractor • Manage gam& concrete, and paving operations for both public and private work projects Paving Superintendent (1990 to Septembm,1996) • Managed all-paving operations • Responsible for organizing personnel, equipment and materials for paving projects • Responsible for project acceptance • Handled customer inquiries and complaints Foreman (1988 to 1990) • Managed daily operations for grading; concrete, paving and public works projects ' • Responsible for quantity verification and contract changes PARROTT AND WRIGHT, Corona, California Foreman (1983 to 1988 ) • Managed daily operations for grading contractor INDUSTRIAL ASPHALTARM MIX, Irwindale, California Operating Engineer (1977 to 1983) • Responsible for daily maintenance and operation of various heavy machinery ADDPITONAL INFORMATION Attended various educational classes relating to the construction industry including: Agtec Pointman Training (Non contact sensor grade control) Asphalt Technology 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 NON - COLLUSION AFFIDAVIT State of California ) ss. County of (Ziyeroido ) R�bar+ Bfad l-e y , being first duly sworn, deposes and says that hear-siw is li4o felied,�h(l-h of Afl Amaricavl tpho(-h , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. All Amadeavi ,&5phal ' Bidder Authorized Signature(Title 661W rod l Wee Q ✓�Std�"{ Subscribed and sworn to before me this INVI day of Fe loruar y 2006. [SEAL] My Commission Expires: AA--;v. aa. aoo7 11 DEBBIE A. MAISEN Commission # 1452589 -m ry Notary Public - California Riverside County My Comm. Expires Nov22, 2007 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 DESIGNATION OF SURETIES Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): % 12 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2005 2004 2003 2002 2001 Total 2006 No. of contracts Inc) 1,2,wq 11155 113La1 I,Itog 111°5-7 U, 094 Total dollar Amount of V� add Oaf p� Contracts (in a�0 , �I Thousands of $ ) No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to termination or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 • • Legal Business Name of Bidder Alt Am&itmry� ASpna-t+ Business Address: p,n, &w ;3--- car 9887$ aaa-9 Business Tel. No.: Cgbi) -75t.-7L260 State Contractor's License No. and Classification: :14--alazoZ3 A� C—la Title Yi c.e Pr�j d &+- The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signire of b`fei Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title c If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CALIFORNIA ALL- PURPOSE ACKNOWLE1 IRW C f� I� L State of California L County of Riverside ss. On February 10, 2006 before me, Debbie A. Matson, Notary Public. Date Name and TMe of Officer Personally appeared Robert Bradley and Thomas Toscas Name(s) of Signers) DEBBIE A. tv1ATSEN 0' "" Commission # 1452569 -0; Notary Public - California A . Riverside County My Comm. Expires Nov 22, 2007 OPTIONAL X personally known to me to be the person(s) whose narne(s) dare subscribed to the within ktshument and adawmdedged to me tha"refthutt hey executed the same In titer authorized capacity(fes), and hat byNSAgeNtlreir signatures) on the instrument the person(s) or, the entity upon behaH of which the person(a) acted. exec utad the instrument WITNESS my hand and official seal, d'� t // d.cu_. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Contractor's Industrial Safety Record City of Newport Beach Document Date: February 10, 2006 Number of Pages'. 1 Signer(s) Other Than Named Above: None. Signer's Name: Robert Bradley and Thomas Toscas _Individual gCorporate Officer Titie(s): Vice President and Sec./Treasurer _Partner- Limited _General _Attomey -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 ACKNOWLEDGEMENT OF ADDENDA The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: I Addendum No. I Date Received I Signa Wre I 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Business Address: Pb. S:Y�)x aaal. Qnrma, 1. Telephone and Fax Number: F-ccx'. California State Contractor's License No. and Class: -W-- aW'7bT3 (REQUIRED AT TIME OF AWARD) Original Date Issued: 1 -0-11 Expiration Date: 1-3! -Ofd List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone tt i F7 /.A ' L e I I .: VI rA it a• i.ii.% -,. i Corporation organized under the laws of the State of 1 i-P mja. 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Ni fb•. Have you ever had a contract terminated by the owner /agency? If so, explain. W Have you ever failed to complete a project? If so, explain. U0. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labo compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ? Yes/ Vo Are any claims or actions unresolved or outstanding? Yes /6) 17 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) tJ l A. Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. als- Si�;�emaice (Print name of Owner or President of Corporation /Company) uthorized Siggnatureffitle 6610e ✓'t- gr -aj)eY Vice A- tEilAtylit Title •.. � v . it • Subscribed and sworn to before me this 10Th day of w'+BiantaV- $Z 2006. [SEAL] 1 `� 18 DEBBIE A. MAMN Commission # 1452589 O-MyComm. Notary Public - Carilomia Riverside County Expires Nov 22, 2007 License Detail Page I of 3 License Detail CALIFORNIA CONTRACT91IS_STATE LICENSE _BOARD Contractor License # 267073 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 02/15/2006 * * * Business Information * * * ALL AMERICAN ASPHALT P O BOX 2229 CORONA, CA 92878 Business Phone Number: (951) 736 -7600 Entity: Corporation Issue Date: 01119/1971 Expire Date: 01/31/2008 * * * License Status * * * This license is current and active. All information below should be reviewed. http: / /www2.cslb.ca.gov /CSLB LIBRARY /License +Detail. asp 02/15/2006 License Detail * * * Classifications * * * Kiass l Description FA GENERAL ENGINEERING_ CONTRACTOR C12 EARTHWORK AND PAVING * * * Bonding Information * * * Page 2 of 3 CONTRACTOR'S BOND: This license filed Contractor's Bond number 08727441 in the amount of $10,000 with the • bonding company FIDELITY AND DEPOSIT COMPANY.OF MARYLAND. Effective Date: 03/01/2004 Contractor's Bonding liis1ory BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) DANIEL DAYTON SISEMORE certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 01/12/2000 1:30's-Bonding Histor .. * * * Workers Compensation Information * * * This license has workers compensation insurance with the SEA BRIGHT INSURANCE COMPANY Policy Number: BB1050243 Effective Date: 08/01/2005 Expire Date: 08/01/2006 Workers Compensation Hi is M Personnel listed on this license (current or disassociated) are listed on other licenses. http: / /www2.cslb.ca.gov /CSLB LIBRARY /License +Detail.asp 02/15/2006 0 License Detail Page 3 of 3 Personnel list Other Licenses License Number Request Contractor Name. Request Personnel .-Nam.e. Request Salesperson nRequest Sales rson..Narne Request @ 2005 State of California, Conditions of Use Priva Policy • 10 http://www2.cslb.ca.gov/CSLB LIBRARY/License+Detail.asp 02/15/2006 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. iL 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO. 3723 CONTRACT THIS AGREEMENT, entered into this _ day of , 2006, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and ALL AMERICAN ASPHALT, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: WEST NEWPORT STREETS AND ALLEYS REHABILITATION Project Description: The project include cold - milling and overlay Seashore Drive and miscellaneous streets in the West Newport Area. The project also include removing 13 asphalt alleys and reconstructing with PCC in the same area from 33d Street to 46th Street. Contract No.: C3723 WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and spec cations. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3723, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of NINE HUNDRED TWENTY -TWO THOUSAND, NINE HUNDRED TWENTY -TWO AND 001100 DOLLARS ($922,922.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY CONTRACTOR City of Newport Beach All American Asphalt Public Works Department P.O. Box 2229 3300 Newport Boulevard Corona, CA 92878- 2229 Newport Beach, CA 92663 951 - 736 -7600 Attention: Frank Tran, P.E. 951 - 739 -4671 Fax Telephone: (949) 6443340 F. LABOR CODE 3700 LIABILITY INSURANCEContractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 0 G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a Califomia Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. 0 c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractors insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, • • property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 0 0 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: 1� CITY CLERK APPROVED AS TO FORM: AARON C. HARP Assistant City Attorney CITY OF NEWPORT A Municipal Qorporat ALL AMERICAN ASPHALT, INC. BY' (Corporate Officer) Print Name: gowyi' 16C.-g lru (Financial Officer) Title: �;O- 17'tegNt4?/ Print Name: mil' / w Rf§les - ALL- PURPOSE State of California County of Riverside ss, On March 2. 2006 before me, Debbie A. Matsen. Notary Public. Date - Name and Title of Officer Personally appeared Robert Bradley and Thomas Toscas Name(s) of Signer(s) DEBBIE A. MATSEN Commisslon # 7452589 Notary Public - California -s Riverside County ty My Comm. ExPrM Nov22, 2007' OPTIONAL x personally known to me to be the person(s) whose name(s) Ware subscribed to the within Instrument and acknowledged to me that hie h vthey executed the same in4te4orftreir authorized oapacity(les), and that by kisiherLtheir signature(s) on the instrument the person(s) or, the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, _ ?'4 n� A•a a Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Contract. City of Newport Beach Document Date: March 2. 2006 Number of Pages: _7 Signer(s) Other Than Named Above: None. Signer's Name: Robert Bradley and Thomas Toscas Individual XCorporate Officer Title(s): Vice President and Sec./Treasurer _Partner- Limited _General _Attorney -in -Fact _Trustee _Guardian or Conservator Other: Signer is Representing: All American Asphalt Top of thumb here Client#: 4475 ALLAMER12 'ACORD- CERTIFICAIR OF LIABILITY INSUIONCE 02/16106D� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Calco Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE and Agents, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. One City Blvd W, #700 X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 51 OCCUR Orange, CA 92868 INSURERS AFFORDING COVERAGE NAIC # INSURED All American Asphalt PO Box 2229 Corona, CA 92878.2229 INSURER A: Arch Specialty Insurance Co. DAM TO RENTED INSURER B: Great American Ins.Co (OH) NED EXP (Any one person) INSURER C: Sea right Insurance CO PERSONAL BADVINJURY INSURER o: Hartford Fire Insurance Co. INSURER E: GENERAL AGGREGATE $z 000 000 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR :NSRE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE 4MMIDDfM POLICY EXPIRATION DATE MM D/YY LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 51 OCCUR GPP000872900 Cart. Holder is named additional insured if required by written contract 08/01%05 06/01/`06 EACH OCCURRENCE $1000000 DAM TO RENTED $100,000 NED EXP (Any one person) $ PERSONAL BADVINJURY $1,000,000 GENERAL AGGREGATE $z 000 000 GENT AGGREGATE LIMIT APPLIES PER: POLICY JET F I LOC PRODUCTS- COMPIOP AGO $2000DDD D AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUTOS HIRED AUTOS NON -OWNED AUTOS 72UENGK5491K2 Cart Holder Is named additional insured if required by written contract 08/01/05 08/01/06 COMBINED SINGLE LIMIT (Ea accident) $1,D00,000 X BODILY INJURY (Per person) $ X BODILY INJURY (Per acciderd) $ X PROPERTY DAMAGE (Per acciderd) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ $ B EXCESSIUMBRELLA LIABILITY OCCUR F—I CLAIMS MADE DEDUCTIBLE X RETENTION $ 10000 TUE5950076 08/01/05 06/01/06 EACH OCCURRENCE $25 000 000 AGGREGATE s25,000,000 $ $ Is C WORKERS COMPENSATION AND UABIUIY ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? II yes, descr1w under SPECIAL PROVISIONS below 661050243 08/0 1/05 08101/06 X WC BTATD- 10rR E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: West Newport Streets and Alleys Rehabilitation, Contract No. 3723 "2axplwcw' City of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL KV990MIR MAIL '41) WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFr.XXX I0FA'XX9X %)0=K ACORD 25 (2001108) 1 of 2 #S3330IM11 (SC01 j o ACORD CORPORATION 1968 0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001108) 2 of 2 #S33301M11 THIS ENDORSEME?VHANGES THE POLICY. PLEASE I *D IT CAREFULLY. BLANKET ADDITIONAL INSURED SECTION III — WHO IS INSURED is amended to include as an additional insured those persons or organizations who are required under a written contract with the Named Insured to be named as an additional insured, but only with respect to liability arising out of your operations, "your work ", or premises owned by or rented to you. All other terms and conditions of this Policy remain unchanged. The City of Newport Beach, its officers, agents, officials, employees, and volunteers Project: West Newport Streets and Alleys Rehabilitation, Contract No. 3723 Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein (The information below is required only when this endorsement is issued subsequent to the preparation of the policy.) Policy Number: GPP0008729 -00 Named Insured: All American Asphalt Endorsement Effective Date: 811105 00 CGL0006 00 02 04 cAMy Docs%LLSEndt.doc 0 9 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - BROAD FORM, CGL POLICY ENDORSEMENT It is hereby agreed that the following paragraph is added to Section IV, Commercial General Liability Conditions, Item 4: Where the named insured is required by a written contract to provide insurance that is primary and non- contributory, and the written contract so requiring is executed by the named insured before any loss, this insurance will be primary, but only if and to the extent required by that written contract. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all other terms of the policy. All other terms and conditions of this Policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: GPP0008729 -00 Named Insured: All American Asphalt Endorsement Effective Date: 8/1105 00 CGL0130 00 01 04 Page 1 of 1 Y WORKERS COMPENSATION AND SLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description The City of Newport Beach, its officers, agents, officials, employees, and volunteers Project: West Newport Streets and Alleys Rehabilitation, Contract No. 3723 WHERE REQUIRED BY WRITTEN CONTRACT, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 8/1105 Policy No. BB1050243 Endorsement No. 6 Insured All American Asphalt (A Corp) Policy Effective Date 8/1/06 Insurance Company SeaBright Insurance Company Countersigned By WC 04 03 06 (Ed. 4 -84) ®7998 by the workers' Compensation Insurance Rating Bureau of California. All rights reserved. FES -24 -2006 10:42 FROM: �f (� 7149391654 TOf9496443318 Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: .7 / Dept. /Contact Received From: 01 Date Completed: 3 6 4 Sent to: ter By: Company/Person required to have certificate: GENERAL LIABILITY A 1 I A. INSURANCE COMPANY: Arcti J_ %e4mII �, bh,�vkmf et B. AM BEST RATING (A: VII or greater): — P.1 /1 C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ea Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? has o I "i 0a E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ®'r'es No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City Its officers, officials, employees and volunteers): Is It included? 9Yar, ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ONo I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mall; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A VII C. ADMITTED COMPANY (Must be California Admitted): � Is Company admitted in California? MI es ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDIMDNALJNSURED WORDING TO INCLUDE The C! its officers, officials, employees a : vo un sets s Included? ❑ Yes ONo F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? u A- ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by carts led mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS'COMPENSATION [n{ {{�� p� / Cr' A. INSURANCE COMPANY: Una f01'1 1M 1 ►i('ywao n— B. AM BEST RATING (A: VII or greater): -- Vi1 C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is It Included? Yes ❑ No HAVE ALL ABOVE REgUIREMENTS BEEN MET? �pjI� n A El Yes No IF NO WHICH ITEMS NEED TO B COMPLETED? r +Ul D t j% ? A r y lh_ ` /d!!YYW���vr 0 0 This SPECIAL MULTI -FLEX POLIO" is provided by the insurance company(s) of -he Hartford Insurance Group, .shown below. COMMON POLICY DECLARATIONS POLICY NUMBER: 72 LIEN GK5491 K2 Named Insured and Mailing Address: (No., Street, Town, State, Zip Code) Policy Period: ANNUAL ALL AMERICAN ASPHALT (SEE IH12001185) P.O. BOX 2229 CORONA, CA, 92879 From 08 -01.05 To 08 -01.06 12:01 A.M. Standard time at your malting address shown above. In return for the payment of the premium, and subject to all of the terms of this policy, we agree with you to provide insurance as stated in this policy. The Coverage Parts that are a part of this policy are listed below. The Advance Premium shown may be subject to adjustment. Coverage Part and Insurance Company Summary COMMERCIAL AUTOMOBILE HARTFORD FIRE INSURANCE COMPANY HARTFORD PLAZA HARTFORD, CT. 08115 Form Numbers of Coverage Parts, Forms and Endorsements that'are a ?part of this poi and that are not listed in the Coverage Parts. HM00010295 IL00171198 1HO9850203 IL00210702 IL02701104 HAO0260302 IH12001186 (NAMED INSURED) Agent /Broker Name: CALCO INS. BROKERS — OR #180649 This policy is not binding unless countersigned b th zeVe epf sentative, Countersigned by 9 �•�# Authorized Representative Date Form HM 0010 02 95 EM C. 0 Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement Into or onto the covered "auto'; or After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured ". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, IF. (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by Its manufacturer to hold, store, receive or dispose of such "pollutants% and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. or 6.c, of the definition of "mobile equip- ment". Paragraphs b, and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with re- spect to "pollutants" not in or upon a cov- ered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto "; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss ". F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker ". G. "Insured" means any person or organization quali- fying as an insured in the Who Is An Insured provi- sion of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit' is brought, 0 / H, pInsured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to In- demnify a municipality, except in connection ,will work for a municipality; That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the fort liability of another to pay for "bodily Injury' or "property damage" to a third party or organization. Tort liability means a liability that would be Imposed by law in the ab- sence of any contract or agreement; 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employ- ees", of any "auto ", However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees ". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees ", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization Is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker' does not include a "temporary worker'. J. "Loss" means direct and accidental loss or dam- age. Page 10 of 11 © ISO Properties, Inc., 2000 CA 00 01 10 01 0 (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the Covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us un- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "insured's" liability. 4. Loss Payment— Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or sto- len property at an agreed or appraised value. If we pay for the "loss ", our payment will Include the applicable sales tax for the damaged or sto- len property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to se- cure our rights and must do nothing after "acci- dent" or "loss" to Impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obli- gations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured ", at any time, intentionally con- ceal or misrepresent a material fact concern- ing: a. This Coverage Form; b. The covered "auto "; c. Your interest in the covered "auto "; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- slon is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provi- sion of this Coverage Form. 5. Otherinsurance a. For any covered "auto" you own, this Cov- erage Form provides primary insurance. For any covered "auto" you don't own, the in- surance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form pro- vides for the "trailer" is: (1) Excess while It is connected to a motor vehicle you do not own. (2) Primary while It is connected to a cov- ered "auto" you own. In. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability as- sumed under an "insured contract ". Page 8 of 11 *ISO Properties, Inc., 2000 CA 00 01 10 01 COMMON POLICY CONDITIONS All Coverage Parts included In this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mall or deliver our notice to the first Named Insured's last mailing address known to us, 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations Is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. �N C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys f. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a, Are safe or healthful; or b. Comply with laws, regulations, codes or standards, 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. IL 0017 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 0 E. Premiums The first !Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Our President and Secretary have signed this policy. The Declarations page has also been countersigned by our duly authorized representative. Ve4'—1 <9� Brian S, Becker, Secretary David Zwlener, President Page 2 of 2 IL 00 17 11 98 0 XICY NUMBER: 72 LIEN GK5491 K2 0 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT OF 2002. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT OF 2002 TERRORISM PREMIUM (CERTIFIED ACTS) Coverage: Premium {if Covered): AUTO $ 0.00 TOTAL $ 0.00 $ A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act of 2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to coverage for terrorist acts certified under that Act. The portion of your premium attributable to such coverage is shown above in this endorsement. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government, Department of the Treasury, will pay a share of terrorism losses insured under the federal program. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. * Although Certified Acts of Terrorism are excluded, this policy Includes a charge of $ for Fire resulting from Certified Acts of Terrorism in states that have a Standard Fire Policy Statute requiring such coverage as stated in the terrorism exclusion on your policy. Form IH 09 85 02 03 ® 2003, The Hartford (Includes copyrighted material of the Insurance Services Office, Inc., with its permission.) Page 1 of 1 • COMMERCIAL AUTOMOBILE COVERAGE PART - DECLARATIONS BUSINESS AUTO COVERAGE FORM POLICY NUMBER: 72 LIEN GK5491 K2 This COMMERCIAL AUTOMOBILE COVERAGE PART consists of: 0 A. This Declarations Form; B. Business Auto Coverage Farm; and C. Any Endorsements issued to be a part of this Coverage Form and listed below. ITEM ONE • NAMED INSURED AND ADDRESS The Named Insured is stated on the Common Policy Declarations. AUDIT PERIOD: ANNUAL Except in this Declarations, when we use the word "Declarations" in this Coverage Part, we mean this "Declarations" or the "Common Policy Declarations." Form Numbers of Coverage Forms, Endorsements and Schedules that are part of this Coverage Part: HA00040302 HAO0120200 CA21540204 CA00381202 CA20380297 HAO0241290 IH12011185— DMV67 (COMPOSITE RATE ENDT.) CA00011001 HA21020692 CA99030797 CA01430297 CA03021293 CA03050297 HA99040187 HA99081290 HA99160302 MCS90 Form HA 00 25 03 02 Page 1 of 4 ® 2001 The Hartford (includes copyrighted material of ISO Properties, Inc., with its permission.) 0 0 OMMERCIAL AUTOMOBILE COVERAGE PART - DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: 72 LIEN GK5491 K2 ITEM TWO - SCHEDULE OF COVERAGES AND COVERED AUTOS This policy provides only those coverages where a charge is shown in the advance premium column below. Each of these coverages will apply only to those "autos' shown as covered "autos." "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. Limit Coverages Covered The Most We Will Pay for Any One Advance Premium Autos Accident or Loss LIABILITY 1 $ 1,000,000. Each "accident" INCLUDED IN COMPOSITE RATE PERSONAL INJURY PROTECTION Separately stated in each Personal Injury (or equivalent No -Fault coverage) Protectlon Endorsement. ADDED PERSONAL INJURY Separately stated in each Added Personal PROTECTION (or equivalent Injury Protection Endorsement. added No -Fault coverage) OPTIONAL BASIC ECONOMIC $25,000 each eligible Injured person. LOSS (New York only) PROPERTY PROTECTION Separately stated in the Property Protection INSURANCE (Michigan only) Insurance Endorsement, AUTO MEDICAL PAYMENTS 2 $5,000. or the limit separately stated INCLUDED IN for each "auto" in ITEM THREE, COMPOSITE RATE UNINSURED MOTORISTS 2 $1,000,000. EACH "ACCIDENT" INCLUDED IN COMPOSITE RATE UNDERINSURED MOTORISTS (When not included in Uninsured Motorist Coverage) Form HA 00 25 03 D2 Pago 2 of 4 0 9 rOMMERCIAL AUTOMOBILE COVERAGE PART - DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: 72 LIEN GK5491 K2 ITEM TWO - SCHEDULE OF COVERAGES AND COVERED AUTOS (Continued) TOWING AND LABOR $ or the amount separately stated for each "auto" in ITEM THREE, whichever is greater, for each disablement. Endorsement Premium (Not included above) INCLUDED iN COMPOSITE RATE Form HA 00 25 03 02 Page 3 of 4 Limit Coverages Covered The Most We Will Pay for Any One Advance Premium Autos Accident or Loss PHYSICAL DAMAGE See ITEM FOUR for hired or borrowed "autos ". COMPREHENSIVE 2 Actual Cash Value, Cost of Repair, or the Stated INCLUDED IN COVERAGE Amount shown in ITEM THREE, whichever is COMPOSITE RATE smallest, minus any deductible shown in ITEM THREE for each covered "auto ". SPECIFIED CAUSES OF Actual Cash Value, Cost of Repair, or the Stated LOSS COVERAGE Amount shown in ITEM THREE, whichever is smallest, minus $ deductible for each covered "auto" for "foss" caused by mischief or vandalism. COLLISION COVERAGE 2 Actual Cash Value, Cost of Repair, or the Stated INCLUDED IN Amount shown in ITEM THREE, whichever is COMPOSITE RATE smallest, minus any deductible shown in ITEM THREE for each covered "auto'. TOWING AND LABOR $ or the amount separately stated for each "auto" in ITEM THREE, whichever is greater, for each disablement. Endorsement Premium (Not included above) INCLUDED iN COMPOSITE RATE Form HA 00 25 03 02 Page 3 of 4 0 0 COMMERCIAL AUTOMOBILE COVERAGE PART - DECLARATIONS BUSINESS AUTO COVERAGE FORM (Continued) POLICY NUMBER: 72 UEN GK5491 K2 ITEM THREE - SCHEDULE OF COVERED AUTOS YOU OWN Applicable only If "Schedule of Covered Autos You Own" Is issued to form a part of this Coverage Form. ITEM FOUR - SCHEDULE OF HIRED OR BORROWED AUTO COVERAGE AND PREMIUMS LIABILITY COVERAGE RATING BASIS IS COST OF HIRE. Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you barrow or rent from your partners or "employees" or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. State Estimated Cost of Hire Rate Per Each $100 Cost of Hire Advance Premium IF ANY INCLUDED INCLUDED IN COMPOSITE RATE TOTAL ADVANCE PREMIUM: INCLUDED IN COMPOSITE RATE ITEM FIVE - SCHEDULE FOR NON - OWNERSHIP LIABILITY Named Insured's Business Other than a Social Service Agency Social Service Agency Rating Basis Number of Employees Number of Partners Number of Employees Number of Volunteers Number 25 TOTAL ADVANCE PREMIUM: Advance Premium INCLUDED IN COMPOSITE RATE INCLUDED IN COMPOSITE RATE Form HA 00 25 03 02 Page 4 of 4 • • POLICY NUMBER. 72 LIEN GK546 , K2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES MORE TRUCK LINES DIX LEASING CORPORATION CAMCO DANIEL D. SISEMORE & BETTY L. SISEMORE TRUST OTM TRUCKING, INC. RAMSEY OIL ALL AMERICAN EXPRESS ALL AMERICAN SERVICE & SUPPLIES BETTS EXPRESS Form IH 12 00 11 85 Printed in U.S.A. SCHEDULE OF COVERED AUTOS YOU OWN (ITEM THREE of the Declarations) POLICY NUMBER: 72 LIEN GK5491 K2 This endorsement is effective on the Inception date of the policy unless another date is indicated below: Effective Date: Absence, If any, of a limit entry below means that the limit entry shown in the corresponding ITEM TWO of the Declarations Limit Column applies Instead. No, PER SCHEDULE ON FILE WITH THE COMPANY Description: VIN: Garage Location: Territory Code: Class Code: Radius of Operation: Business Use: Size: Tax Location Code: Zip Code: Original Cost New: Loss Payee No.: Lessor No.: COVERAGES: PREMIUMS Liability Personal Injury Protection: Added Personal Injury Protection: Property Protection Insurance (Michigan Only): Optional Basis Economic Loss (New York Only): Auto Medical Payments: Limit: Uninsured Motorists: Undednsured Motorists: Physical Damage Comprehensive Deductible: Specified Causes of Loss: Collision Deductible: Towing and Labor Per Disablement: Endorsement Premium: No. Description: VIN: Garage Location: Territory Code: Class Code: Radius of Operation: Business Use: Size: Tax Location Code: Zip Code: Original Cost New: Loss Payee No.: Lessor No.: COVERAGES: PREMIUMS Liability Personal Injury Protection: Added Personal Injury Protection: Properly Protection Insurance (Michigan Only): Optional Basis Economic Loss (New York Only): Auto Medical Payments: Limit: Uninsured Motorists: Underinsured Motorists: Physical Damage Comprehensive Deductible: Specified Causes of Loss: Collision Deductible: Towing and Labor Per Disablement:: Endorsement Premium: Form HA 0012 02 00 Page _1_ of _1_ pages • POLICY NUMBER: 72 UEN GK5•, K2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF LIMITS UNINSURED MOTORISTS COVERAGE AND UNDERINSURED MOTORISTS COVERAGE This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Named Insured Countersigned by (Authorized Representative) The Limit shown In ITEM TWO of the Declarations for Uninsured Motorists Coverage and for Underinsured Motorists Coverage (when not included in Uninsured Motorists Coverage) is replaced by the limits shown below for the state Indicated. SCHEDULE COVERAGE LIMIT STATE UNINSURED MOTORISTS $ 1,000,000. each "accident" CA $ ,000 each "accident" $ 1000 each "accident" $ 000 each "accident" $ ,000 each "accident" $ 000 each "accident" UNDERINSURED MOTORISTS (when not included in Uninsured Motorists Coverage) $ ,000 each " accldent" $ 000 each "accident" $ 000 each "accident" $ 000 each "accident" $ ,000 each "accident" $ 000 each "accident" The state limit shown above completes the limit entry required on the endorsement(s) applicable in the same stale. Form HA 21 02 06 92 Printed in U.S.A. 0 0 POLICY NUMBER: 72 LIEN GK545, K2 COMMERCIAL AUTO CA 03 0212 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Liability Deductible: "Bodily Injury" Deductible: "Property Damage" Liability: $ Per "Accident" $ Per Person $10,000. Per "Accident" $10,000. Per "Accident" (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) LIABILITY COVERAGE is changed as follows: A. LIABILITY COVERAGE DEDUCTIBLE The damages caused in any one "accident" that would otherwise be payable under LIABILITY COVERAGE will be reduced by the Liability Deductible shown in the Schedule prior to the application of the LIMIT OF INSURANCE provision. B. BODILY INJURY LIABILITY COVERAGE DEDUCTIBLES 1. Per Person The damages that would otherwise be payable under LIABILITY COVERAGE for "bodily injury' sustained by any one person, in any one "accident," will be reduced by the "Bodily Injury" Per Person Deductible shown in the Schedule prior to the application of the LIMIT OF INSURANCE provision. 2. Per Accident The damages that would otherwise be payable under LIABILITY COVERAGE for all "bodily injury" caused in any one "accident" will be reduced by the "Bodily Injury' Per "Accident" Deductible shown in the Schedule prior to the application of the LIMIT OF INSURANCE provision. C. PROPERTY DAMAGE LIABILITY COVERAGE DEDUCTIBLE The damages that would otherwise be payable under LIABILITY COVERAGE for "property damage" caused in any one "accident" will be reduced by the "Property Damage" Per "Accident" Deductible shown in the Schedule prior to the application of the LIMIT OF INSURANCE provision. CA 03 0212 93 Copyright, Insurance Services Office, Inc., 1993 Page 1 of 2 • D. OUR RIGHT TO REIMBURSEMENT To settle any claim or suit we will pay all or any part of any deductible shown In the Schedule. You must reimburse us for the deductible or the part of the deductible we paid. CA 03 0212 93 Copyright, Insurance Services Office, inc., 1993 Page 2 of 2 0 0 POLICY NUMBER: 72 LEN GK54, :2 COMMERCIAL AUTO CA 03 05 02 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - WAIVER OF COLLISION DEDUCTIBLE For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this - endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by SCHEDULE Waiver of Collision Deductible Designation or Description of Covered "Auto" Premium PPT'S ONLY $ INCL. IN COMPOSITE RATE (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. When Physical Damage Coverage provides coverage for a "loss" to a covered "auto" caused by its collision or upset, and: 1. The "loss" involves an "uninsured motor vehicle "; and 2. You are legally entitled to recover the full amount of your "loss" from the owner or operator of the "uninsured motor vehicle "; and 3. The Schedule indicates that the Waiver of Collision deductible provision applies to the covered "auto "; then We will pay the full deductible. Subject to the above, if you are legally entitled to recover only a percentage of your "loss ", we will pay that percentage of your deductible. However, if the amount of the "loss" is less than your deductible, we will pay the percentage of the "loss" that you are legally entitled to recover. In no event will we pay more than the amount of the "loss ". CA 03 05 02 97 Copyright, Insurance Services Office, Inc., 1995 Page 1 of 2 Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CA 03 05 02 97 6. CONDITIONS (2) A vehicle designed, used or maintained 1. The following is added to the Conditions primarily for the transportation of Section: property; or ARBITRATION (3) "Mobile equipment ". a. If we and an "insured" disagree whether the b. "Uninsured motor vehicle" means a land "Insured" is legally entitled to recover motor vehicle or trailer which is involved in a damages from the owner or operator of an collision with a covered "auto" and for "uninsured motor vehicle" or do not agree which: as to the amount of damages that are (1) No liability bond or policy at the time of recoverable by that "insured ", the an "accident" provides at least the " disagreement will be settled by a single amount required for property damage neutral arbitrator. However, disputes liability by the California Financial concerning coverage under this Responsibility Law; or endorsement may not be arbitrated. The (2) The insuring or bonding company arbitration must be formally Instituted by the denies coverage or refuses to admit "Insured" within one year from the date of coverage except conditionally or with the "accident ". Each party will bear the reservation or becomes insolvent. expenses of the arbitrator equally. The collision must involve direct physical b. Unless both parties agree otherwise, 8 contact between a covered "auto" and the arbitration will take place in the county in "uninsured motor vehicle" and: which the "insured" lives. Local rules of law (1) The owner or operator of that vehicle as to arbitration procedure and evidence will apply. The decision of the arbitrator will be must be identified; or binding. (2) The "uninsured motor vehicle" must be 2. Paragraph 2.a. of the Duties In The Event Of identified by its license number. Accident, Claim, Suit Or Loss Loss Condition However, "uninsured motor vehicle" does is replaced as follows: not include any vehicle: a. You must report the "accident' or "loss" to (1) Owned or operated by a self - insurer us or our agent within ten business days. under any applicable motor vehicle law You must tell us how, when and where the except a self- insurer who is or becomes "loss" happened. You must assist in insolvent and cannot provide the obtaining names and addresses of any amounts required by that motor vehicle injured persons and witnesses. law; C. Additions Definitions (2) Owned by a governmental unit or As used in this endorsement: agency; or (3) Designed for use mainly off public roads 1. For Physical Damage Coverage: while not on public roads. a. "Auto" means a self - propelled motor vehicle. However, it does not Include: (1) A vehicle transporting persons for hire, compensation or profit, other than a van pool vehicle. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CA 03 05 02 97 IL 00 21 07 02 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage, to "bodily injury" or "property damage ": (1) With respect to which an "Insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material ", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "Insured "; or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility ", but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. IL 00 21 07 02 d ISO Properties, Inc., 2001 Page 1 of 2 1i 2: As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material ", "Special nuclear material" or "by- product material ". "Source material ", "special nuclear material ", and "by- product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by- product material" other than the tailings or wastes produced by the extractlon or concentration of uranium or thorium from any are processed primarily for its "source material^ content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility'. "Nuclear facility" means: (a) Any "nuclear reactor "; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel ", or (3) handling, processing or packaging "waste "; 0 (c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste ": and Includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self - supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. Page 2 of 2 0 180 Properties, Inc., 2001 It. 00 21 07 02 E E IL 02 70 11 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT - RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less: If this policy has been in effect for 60 days or less, and Is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured at the mailing address shown in the policy and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a, If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we Issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of Its necessary elements an act which materially increases any of the risks Insured against. (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you IL 02 70 11 04 Copyright, Insurance Services Office, Inc., 2004 Page 1 of 3 0 or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (t) Place us in violation of California law or the laws of the state where we are domiciled; or (it) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3. a. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part - Farm Property - Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form 10 a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but falls to pay the earthquake policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the Following, which exclude loss or damage caused by or resulting from corrosive soil conditions; (1) Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part - Causes Of Loss - Special Form; or (3) Farm Coverage Part - Causes of Loss Form - Farm Property, Paragraph D. Covered Causes of Loss - Special. C. The following is added and supersedes any provisions to the contrary: NONRENEWAL Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice stating the reason for nonrenewal to the first Named Insured shown in the Declarations and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. Page 2 of 3 IL 02 70 11 04 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage Is written under one of the following: Capital Assets Program (Output Policy) Coverage Part Commercial Property Coverage Part Farm Coverage Part - Farm Property - Farm Dwellings, Appurtenant Structures And Household Personal Properly Coverage Form. a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below: b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating Insurers as established by Cal. Ins. Code Section 10089,16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed With the Department of Insurance as required by existing law; (2) The Commissioner of Insurance rinds that the exposure to potential losses will threaten our solvency or place us in a hazardous condition. A hazardous condition includes, but Is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 25% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and El the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has cancelled or did not renew a policy, Issued by the California Earthquake Authority that included an earthquake policy premium surcharge. -. d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (d.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part - Ceuses Of Loss - Special Form; or (3) Farm Coverage Part - Causes Of Loss Form - Farm Property, Paragraph D. Covered Causes Of Loss - Special. 3. We are not required to send notice of nonrenewal In the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions. or rates, is between us and a member of our insurance group. b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.I. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions of risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the Increase exceeds 25%. IL 02 70 11 04 Page 3 of 3 Quick Reference Commercial Auto Coverage Part Business Auto Coverage Form READ YOUR POLICY CAREFULLY BUSINESS AUTO COVERAGE FORM DECLARATIONS • Named Insured And Address • Coverages, Covered Autos And Limits Of Insurance • Rating Exposures, Rates And Estimated Premium BUSINESS AUTO COVERAGE FORM Beginning on Page PREAMBLE o Definitions of "You" and "We .. ........................1 SECTION I - Covered Autos • Description of Covered Auto Designation Symbols........................... ..............................1 • Owned Autos You Acquire After the Policy Begins.............................. ..............................2 • Certain Trailers, Mobile Equipment And Temporary Substitute Autos ..........................2 SECTION 11- Liability Coverage • Coverage ......................... ..............................2 • Who Is An Insured ........... ..............................2 • Coverage Extensions - Supplementary Payments ..........................3 - Out of State Coverage Extensions .............3 • Exclusions ........................ ..............................3 • Limit of Insurance ............ ..............................5 SECTION III - Physical Damage Coverage oCoverage ......................... ..............................5 o Exclusions ........................ ..............................6 o Limit of Insurance ............ ..............................7 o Deductible ........................ ..............................7 Beginning on Page SECTION IV - Business Auto Conditions • Loss Conditions Appraisal For Physical Damage Loss ........ 7 Duties in The Event of Accident, Claim, Suit or Loss ................. ............................... 7 Legal Action Against Us .............................8 - Loss Payment- Physical Damage Coverages .................... ..............................8 Transfer Of Rights Of Recovery Against Others To Us ............... ............................... 8 • General Conditions - Bankruptcy ................... ..............................8 - Concealment, Misrepresentation Or Fraud ... 8 - Liberalization ................ ..............................8 - No Benefit To Bailee - Physical Damage Coverages.................... ..............................8 - Other Insurance .......... ............................... 8 - Premium Audit .............. ..............................9 . Policy Period, Coverage Territory ............... 9 - Two Or More Coverage Forms Or Policies IssuedBy Us ................ ..............................9 SECTION V - Definitions .... ..............................9 Form HA 00 04 03 02 ® 2001, The Hanford (includes copyrighted material of ISO Properties, Inc., with its permission.) • 0 COMMERCIAL AUTO CA 00 0110 01 BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your' refer to the Named Insured shown in the Declara- tions. The words "we ", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Deflnifions, SECTION I — COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos ". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos ". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Desi nation Symbols 1 An "Auto" 2 Owned "Autos" Only those "autos" you own (and for Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger "autos" you own. This includes those private passenger Passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned "Autos" Only those "autos" you own that are not of the private passenger type (and for Li- Other Than Pri- ability Coverage any "trailers" you don't own while attached to power units you vate Passenger own). This Includes those "autos" not of the private passenger type you acquire "Autos" Oniv ownership of after the policy begins. 5 Owned "Autos" Only those "autos" you own that are required to have No -Fault benefits in the state Subject To No- where they are licensed or principally garaged. This includes those "autos" you ac- Fault quire ownership of after the policy begins provided they are required to have No- Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are li- Subject To A tensed or principally garaged are required to have and cannot reject Uninsured Compulsory Un- Motorists Coverage. This includes those "autos" you acquire ownership of after the insured Motor- policy begins provided they are subject to the same state uninsured motorists re- ists Law gufrement. 7 Specifically De- Only those "autos" described in Item Three of the Declarations for which a pre- scribed "Autos" mium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). a Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" Only you lease, hire, rent, or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Nonowned Only those "autos" you do not own, tease, hire, rent or borrow that are used in con - "Autos" Only nection with your business. This includes "autos" owned by your "employees ", part- ners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. CA 00 01 10 01 0 150 Properties, Inc., 2000 Page 1 of 11 i B. Owned Autos You Acquire After The Policy Begins 1, If Symbols 1, 2, 3, 4, 5 or 6 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto ".you acquire will be a covered "auto" for that cover- age only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire It that you want us to cover it for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also cov- ered "autos" for Liability Coverage; 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto ". 3. Any "auto' you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss ": or e. Destruction. SECTION 11— LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto ". E We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "acci- dent" and resulting from the ownership, mainte- nance or use of covered "autos ". However, we will only pay for the "covered pollution cost or ex- pense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident ". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense ". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury' or "prop- erty damage" or a 'covered pollution cost or ex- pense" to which this insurance does not apply. We may Investigate and settle any claim or "suit" as we consider appropriate. Our duly to defend or settle ends when the Liability Coverage Limit of Insur- ance has been exhausted by payment of judg- ments or settlements. 1. Who Is An Insured The following are "Insureds ": a. You for any covered "auto ". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except: (1) The owner or anyone else from whom you hire or borrow a covered "auto ". This exception does not apply if the covered "auto" Is a "trailer" connected to a cov- ered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees ", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees ", while moving property to or from a covered "auto ". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for s covered "auto" owned by him or her or a member of his or her household. Page 2 of 11 © ISO Properties, Inc., 2000 CA 00 01 110 01 0 0 qt Anyone liable for the conducl of an "in- sured" described above but only to the ex- tent of that liability. 2. Coverage Extensions a. Supplementary Payments In addition to the Limit of insurance, we will pay for the "insured ": (1) All expenses we Incur. (2) Up to $2,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "accf- dent" we cover, We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $25D a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" against the "Insured" we de- fend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. b. Out -Of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limits speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out -of -state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "Bodily Injury' or "property damage' expected or intended from the standpoint of the "in- sured". 2. Contractual:,. Liability assumed under any contract or agree- ment. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily in- jury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b, That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "Insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "Insured" arising out of and In the course of: (1) Employment by the "insured "; or (2) Performing the duties related to the con- duct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract ". For the purposes of the Coverage Form, a domestic "employee" is a person an- gaged in household or domestic work per- formed principally in connection with a resi- dence premises. CA 00 01 10 01 0 ISO Properties, Inc., 2000 Page 3 of 11 • 5. Fellow Employee "Bodily injury' to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while per- forming duties related to the conduct of your business. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" Involving property owned or trans- ported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto "; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured ". 6. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto ". a. Operations "Bodily injury' or "property damage" arising out of the operation of any equipment listed in Paragraphs 6.b, and 6.c. of the definition of "mobile equipment ". 10. Completed Operations "Bodily injury' or "property damage" arising out of your work after that work has been com- pleted or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished In connection with such work or operations. Your work includes warranties or representa- bons made at any time with respect to the fit- ness, quality, durability or performance of any of the items included in Paragraphs a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. 0 (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to Its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which Is otherwise complete, will be treated as completed. 11. Pollution "Bodily injury' or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered "auto "; (2) Otherwise in the course of transit by or on behalf of the "Insured "; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto "; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto "; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured ". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants "; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed In Paragraphs B.b. and 6.c, of the definition of "mobile equip- ment". Page 4 of 11 ® ISO Properties, Inc., 2000 CA 00011 1001 Paragraphs b. and c. above of this exclu- sion do not apply to "accidents" that occur away from premises owned by or rented to an 'insured" with respect to 'pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto "; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. 12, War "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, Insurrec- tion, rebellion or revolution. This exclusion ap- plies only to liability assumed under a contract or agreement. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity, This insurance also does not apply while that covered "auto" is being pre- pared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos ", "in- sureds", premiums paid, claims made or vehicles involved in the "accident ", the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one "ac- cident" is the Limit of Insurance for Liability Cover- age shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident ". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical Payments Cov- erage Endorsement, Uninsured Motorists Cover- age Endorsement or Underinsured Motorists Cov- erage Endorsement attached to this Coverage Part. SECTION ill — PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. b, Specified Causes Of Loss Coverage Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derail- ment of any conveyance transporting the covered "auto ". c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles If you carry Comprehensive Coverage for the damaged covered "auto ", we will pay for the fol- lowing under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. CA 00 01 10 01 0ISO Properties, Inc., 2000 Page 5 of 11 E 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expi- ration, when the covered "auto" is returned to use or we pay for Its "loss ". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses it caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage is provided for any covered "auto ", (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto ". However, the most we will pay for any ex- penses for loss of use is $20 per day, to a maximum of $600. a. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss ". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioac- tive contamination, however caused. b. War Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force. Includ- ing action in hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these, 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the follow - Ing: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed measuring equipment such as radar or laser detectors and any jamming appara- tus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives or transmits audio, visual or data signals and that is not de- signed solely for the reproduction of sound. d. Any accessories used with the electronic equipment described in Paragraph c. above. Page 6 of 11 0 ISO Properties, Inc., 2000 CA 00 01 10 01 0 Exclusions 4.c. and 4.d. do not apply to a. Equipment designed solely for the repro- duction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the loss" or such equipment is removable from a housing unit which is permanently installed in the cov- ered "auto" at the time of the "loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto "; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's' operating system; or (2) An integral part of the same unit housing any sound reproducing equipment de- scribed in a. above and permanently in- stalled in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. 5. We will not pay for "loss" to a covered "auto" due to "diminution in value ". C. Limit Of Insurance 1. The most we will pay for "loss" in any one "ac- cident" Is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss "; or b. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss ". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto ", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV — BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss ", either may demand an appraisal of the "loss ". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss ". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its Chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties in The Event Of Accident, Claim, Suit Or Loss We have no duly to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident ", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the 'acci- dent" or "loss ". Include: (1) Mow, when and where the "accident" or "loss" occurred; (2) The " insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other involved "in- sured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost, (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim or "suit ". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. CA 0001 1001 ® 180 Properties, Inc., 2000 Page 7 of 11 0 (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. c. If there Is "loss" to a covered "auto" or Its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of Its equipment Is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. Legal Action Against Us No one may bring a legal action against us un- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trial. No one has the right under this pol- icy to bring us into an action to determine the "Insured's" liability. 4. Loss Payment — Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or sto- len property at an agreed or appraised value. If we pay for the "loss ", our payment will include the applicable sales tax for the damaged or sto- len property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to se- cure our rights and must do nothing after "acci- dent" or "loss" to impair them. 0 B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not refieve us of any obli- gatlons under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured ", at any time, intentionally con- ceal or misrepresent a material fact concern- ing: a. This Coverage Form; b. The covered "auto c. Your Interest in the covered "auto "; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. 4. No Benefit To Bailee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provi- sion of this Coverage Form. 5. Other Insurance a. For any covered "auto" you own, this Cov- erage Form provides primary insurance. For any covered "auto" you don't own, the in- surance provided by this Coverage Form is excess over any other collectible Insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form pro- vides for the "trailer" is: (1) Excess while It is connected to a motor vehicle you do not own. (2) Primary while it is connected to a cov- ered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability as- sumed under an "insured contract ", Page 8 of 11 0 ISO Properties, Inc., 2000 CA 00 01 10 01 0 d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the lim- its of all the Coverage Forms and policies covering on the same basis. S. Premium Audit a. 3 The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown as the due date on the bill, If the es- timated total premium exceeds the final premium due, the first Named Insured will get a refund. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "acci- dents" and "losses" occurring: a. During the policy period shown In the Decla- rations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; d. Canada; and e. Anywhere in the world if: (1) A covered "auto" of the private passen- ger type Is leased, hired, rented or bor- rowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. We also cover "loss" to, or "accidents" Involv- ing, a covered "auto" while being transported between any of these places. S. Two Or More Coverage Forms Or Policies Issued By Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any com- pany affiliated with us apply to the same "acci- dent", the aggregate maximum Limit of Insur- ance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an af- filiated company specifically to apply as excess insurance over this Coverage Form, SECTION V — DEFINITIONS A. "Accident" includes continuous or repeated expo- sure to the same conditions resulting in "bodily in- jury" or "property damage ". B, "Auto" means a land motor vehicle, 'trailer" or semitrailer designed for travel on public roads but does not include "mobile equipment C. "Bodily injury' means bodily injury, sickness or dis- ease sustained by a person including death result- ing from any of these. D, "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement; or 2. Any claim or "suit" by or on behalf of a govern- mental authority demanding that the "Insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants". "Covered pollution cost or expense" does not in- clude any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seep- age, migration, release or escape of "pollutants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement Into, onto or from the covered "auto "; (2) Otherwise in the course of transit by or on behalf of the "insured "; (3) Being stored, disposed of, treated or processed in or upon the covered "auto "; CA 0001 1001 0 ISO Properties, Inc., 2000 Page 9 of 11 i b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the "Insured" for movement into or onto the covered "auto'; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured ". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants "; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b, or 6.c. of the definition of "mobile equip- ment". Paragraphs b. and c, above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with re- spect to "pollutants" not in or upon a cov- ered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto "; and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss ". F. "Employee" includes a "leased worker ". "Em- ployee" does not Include a "temporary worker". G. "Insured" means any person or organization quali- fying as an insured in the Who Is An Insured provi- sion of the applicable coverage. Except with re- spect to the Limit of Insurance, the coverage af- forded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. • H. 'Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to in- demnify a municipality, except in connection work for a municipality; ,will That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the ab- sence of any contract or agreement; 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employ- ees", of any "auto ". However, such contract or agreement shall not be considered an "insured contract" to the extent that It obligates you or any of your "employees" to pay for "properly damage" to any "auto" rented or leased by you or any of your "employees ". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees', if the "auto" Is loaned, leased or rented with a driver; or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker ". J. "Loss" means direct and accidental loss or dam- age. Page 10 of 11 0 ISO Properties, Inc., 2000 CA 00 01 10 01 9 K. "Mobile equipment' means any of the following types of land vehicles, including any attached ma- chinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self - propelled or not, main- tained primarily to provide mobility to perma- nently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers. 5. Vehicles not described in Paragraphs 1„ 2., 3., or 4, above that are not self - propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described in Paragraphs 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self - propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos ": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; 9 b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c- Air compressors, pumps and generators, including spraying, welding, building clean- ing, geophysical exploration, lighting or well servicing equipment. L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. 'Property damage" means damage to or toss of use of tangible property. N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "prop- erty damage'; or 2. A "covered pollution cost or expense ", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployes" on leave or to meet seasonal or short -term workload conditions. P. 'Trailer" includes semitrailer. CA 00 01 10 01 ® ISO Properties, Inc„ 2000 Page 11 of 11 • 0 COMMERCIAL AUTO CA 99 03 07 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO) MEDICAL PAYMENTS COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Coverage We will pay reasonable expenses incurred for necessary medical and funeral services to or for an "insured" who sustains "bodily injury' caused by "accident ". We will pay only those expenses Incurred, for services rendered within three years from the date of the "accident ", B. Who Is An Insured 1. You while "occupying" or, while a pedestrian, when struck by any "auto ". 2. If you are an individual, any "family member" while "occupying" or, while a pedestrian, when struck by any "auto ". 3. Anyone else "occupying" a covered "auto" or a temporary substitute for a covered "auto ". The covered "auto" must be out of service because of its breakdown, repair, servicing, loss or destruction. C. Exclusions This insurance does not apply to any of the following: 1. "Bodily injury" sustained by an "insured" while "occupying" a vehicle located for use as a premises. 2. "Bodily injury' sustained by you or any "family member" while "occupying" or struck by any vehicle (other than a covered "auto ") owned by you or fumished or available for your regular use. 3. "Bodily injury" sustained by any "family member" while "occupying" or struck by any vehicle (other than a covered "auto ") owned by or furnished or available for the regular use of any "family member ". A. "Bodily injury" to your "employee" arising out of and in the course of employment by you. However, we will cover "bodily injury" to your domestic "employees' if not entitled to workers' compensation benefits. For the purposes of this endorsement, a domestic "employs" is a person engaged in household or domestic work performed principally in connection with a residence premises. 5. "Bodily injury' to an "insured" while working in a business of selling, servicing, repairing or parking "autos" unless that business is yours. 6. "Bodily injury" caused by declared or undeclared war or insurrection or any of their consequences. 7. "Bodily injury' to anyone using a vehicle without a reasonable belief that the person is entitled to do so. 8. "Bodily injury" sustained by an "Insured" while "occupying" any covered "auto" while used in any professional racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply to any "bodily injury' sustained by an "Insured" while the "auto" is being prepared for such a contest or activity. D. Limit Of Insurance Regardless of the number of covered "autos ", "Insureds", premiums paid, claims made or vehicles Involved In the "accident ", the most we will pay for "bodily injury" for each "insured" injured In any one "accident" Is the Limit Of Insurance for Auto Medical Payments Coverage shown in the Declarations. No one will be entitled to receive duplicate payments for the same elements of "loss" under this coverage and any Liability Coverage Form, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage Endorsement attached to this Coverage Part. CA 99 03 07 97 Copyright, Insurance Services Office, Inc.. 1996 Page 1 of 2 E E. Changes In Conditions The Conditions are changed for Auto Medical Payments Coverage as follows: 1. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply. 2. The reference in Other Insurance in the Business Auto and Garage Coverage Forms and Other Insurance - Primary And Eness Insurance Provisions in the Truckers and Motor Carder Coverage Forms to "other collectible insurance" applies only to other collectible auto medical payments insurance. 0 F. Additional Definitions As used in this endorsement: 1. "Family member" means a person related to you by blood, marriage or adoption who !s a resident of your household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. Page 2 of 2 Copyright, insurance Services Office, (no. 1996 CA 99 03 07 97 0 • POLICY NUMBER: COMMERCIAL AUTO CA 21 54 02 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA UNINSURED MOTORISTS COVERAGE - BODILY INJURY For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Authorized Representative) Named Insured: a W SCHEDULE Limit Of Insurance Each "Accident" Information required to complete this Schedule, If not shown above, will be shown in the Declarations. A. Coverage 1. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured motor vehicle ". The damages must result from "bodily injury" sustained by the "Insured" caused by an "accident ". The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the "uninsured motor vehicle ". 2. We will pay only after the limits of liability under any liability bonds or policies have been exhausted by payment of judgments or settlements. 3. Any judgment for damages arising out of a "suit" brought without our written consent is not binding on us. B. Who Is An Insured If the Named Insured is designated in the Declarations as: 1. An individual, then the following are "insureds ": a. The Named Insured and any "family members ". b. Anyone else "occupying" a covered "auto" or a temporary substitute for a covered "auto ". The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. c. Anyone for damages he or she Is entitled to recover because of "bodily injury" sustained by another "insured ". CA 21 54 02 04 0 ISO Properties, Inc., 2003 Page 1 of 4 0 0 2. A partnership, limited liability company, corporation or any other form of organization, then the following are "insureds ": a. Anyone "occupying" a covered "auto" or a temporary substitute for a covered "auto'. The covered "auto" must be out of service because of its breakdown, repair, servicing, "loss" or destruction. b. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured ". C. Exclusions This insurance does not apply to any of the following: 1. Punitive or exemplary damages. 2. Any claim settled without our consent. However, this exclusion does not apply to a settlement made with the insurer of a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle ". 3. The direct or indirect benefit of any insurer or self- insurer under any workers' compensation, disability benefits or similar law or to the direct benefit of the United States, a state or its political subdivisions. 4. "Bodily Injury" sustained by: a. An individual Named Insured while "occupying" or when struck by any vehicle owned by that Named Insured that Is not a covered "auto" for Uninsured Motorists Coverage under this Coverage Form; b. Any "family member" while "occupying" or when struck by any vehicle owned by that "family member" that Is not a covered 'auto" for Uninsured Motorists Coverage under this Coverage Form; or c. Any family member" while " occupying" or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage on a primary basis under any other Coverage Form or policy. However. Exclusion 4. shall not apply to 'bodily injury" sustained by an individual Named Insured or "family member" when struck by a vehicle owned by that "insured" and operated or caused to be operated by a person without that "insured's" consent in connection with criminal activity that has been documented in a police report and to which that "insured" is not a party to. 5, "Bodily Injury" sustained by an individual Named Insured or any "family member" while "occupying" any vehicle leased by that Named Insured or any "family member" under a written contract for a period of 6 months or more that is not a covered "auto ". 6. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 7. "Bodily injury" sustained by an "insured" while "occupying" any "autd' that is rented or leased to that "insured" for use as a public or livery conveyance. However, this exclusion does not apply if the "insured" is in the business of providing public or livery conveyance. D. Limit Of Insurance 1. Regardless of the number of covered "autos ", "insureds ", premiums paid, claims made or vehicles involved in the "accident ", the most we will pay for all damages resulting from any one "accident" is the Limit of Insurance for Uninsured Motorists Coverage shown in the Schedule or Declarations. 2. For a vehicle described in Paragraph b. of the definition of "uninsured motor vehicle ", our Limit of Insurance shall be reduced by all sums paid because of "bodily injury" by or for anyone who is legally responsible, including all sums paid or payable under this policy's Liability Coverage. 3. No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage and any Liability Coverage form or Medical Payments Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this Coverage for any element of "loss" for which payment has been made by or for anyone who is legally responsible. We will not pay for any element of "loss" if a person is entitled to receive payment for the same element of 'loss" under any workers' compensation, disability benefits or similar law. E. Changes In Conditions The Conditions are changed for California Uninsured Motorists Coverage - Bodily Injury as follows: 1. Duties In The Event Of Accident, Claim, Suit Or Loss is changed by adding the following: a. Promptly notify the police if a hit- and -run driver is Involved; and Page 2 of 4 0 ISO Properties, Inc., 2003 CA 21 54 02 04 0 b. Send us copies of the legal papers if a "suit" is brought. In addition, a person seeking coverage under Paragraph b. of the definition of "uninsured motor vehicle" must: (1) Provide us with a copy of the complaint by personal service or certified mail if the "insured" brings an action against the owner or operator of such "uninsured motor vehicle "; (2) Within a reasonable time, make all pleadings and depositions available for copying by us or furnish us copies at our expense; and (3) Provide us with proof that the limits of insurance under any applicable liability bonds or policies have been exhausted by payment of judgments or settlements. 2. Legal Action Against Us is replaced by the following: No legal action may be brought against us under this Coverage Form until there has been full compliance with all the terms of this Coverage Form and with respect to Paragraphs a., c. and d. of the definition of "uninsured motor vehicle" unless within two years from the date of the "accident ": a. Agreement as to the amount due under this Insurance has been concluded; b. The "insured" has formally instituted arbitration proceedings against us. In the event that the "insured" decides to arbitrate, the "insured" must formally begin arbitration proceedings by notifying us in writing, sent by certified mail, return receipt requested; or c. "Suit" for "bodily injury" has been filed against the uninsured motorist in a court of competent jurisdiction. Written notice of the "suit" must be given to us within a reasonable time after the "Insured" knew, or should have known, that the other motorist is uninsured. In no event will such notice be required before two years from the date of the accident. Failure of the "Insured" or his or her representative to give us such notice of the "suit" will relieve us of our obligations under this Coverage Form only If the failure to give notice prejudices our rights. 3. Transfer Of Rights Of Recovery Against Others To Us is replaced by the following: a. With respect to Paragraphs a., c. and d. of the definition of "uninsured motor vehicle ", if we make any payment, we are entitled to recover what we paid from other parties. Any person to or for whom we make payment must transfer to us his or her rights of recovery against any other party. This person must do everything necessary to secure these rights and must do nothing that would jeopardize them. b. With respect to Paragraph b. of the definition of "uninsured motor vehicle ", if we make any payment and the "insured" recovers from another party, the "Insured" shall hold the proceeds in trust for us and pay us back the amount we have paid. 4. Other Insurance in the Business Auto and Garage Coverage Forms and Other Insurance - Primary And Excess Insurance Provisions in the Truckers and Motor Carrier Coverage Forms are replaced by the following: If there is other applicable insurance available under one or more policies or provisions of coverage: a. The maximum recovery under all Coverage Forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any Coverage Form or policy providing coverage on either a primary or excess basis. b. Any insurance we provide with respect to a vehicle the Named Insured does not own shall be excess over any other collectible uninsured motorists insurance providing coverage on a primary basis. c. if the coverage under this Coverage Form is provided: (1) On a primary basis, we will pay only our share of the "loss" that must be paid under insurance providing coverage on a primary basis. Our share is the proportion that our limit of (lability bears to the total of all applicable limits of liability for coverage on a primary basis. (2) On an excess basis we will pay only our share of the "loss" that must be paid under Insurance providing coverage on an excess basis. Our share is the proportion that our limit of liability bears to the total of all applicable limits of liability for coverage on an excess basis. CA 21 54 02 04 ® ISO Properties, Inc., 2003 Page 3 of 4 0 5. The following Condition Is added, ARBITRATION a. If we and an "insured" disagree whether the "Insured' is legally entitled to recover damages from the owner or driver of an "uninsured motor vehicle" or do not agree as to the amount of damages that are recoverable by that "insured ", the disagreement will be settled by arbitration. Such arbitration may be Initiated by a written demand for arbitration made by either party. The arbitration shall be conducted by a single neutral arbitrator. However, disputes concerning coverage under this endorsement may not be arbitrated. Each party will bear the expenses of the arbitrator equally. b. Unless both parties agree otherwise, arbitration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedures and evidence will apply. The decision of the arbitrator will be binding, F. Additional Definitions The following are added to the Definitions Section: 1. "Family member" means the Individual Named Insured's spouse, whether or not a resident of the individual Named Insured's household, and any other person related to such Named Insured by blood, marriage or adoption who is a resident of such Named Insured's household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. 3. "Uninsured motor vehicle" means a land motor vehicle or trailer: a. For which no liability bond or policy at the time of an "accident" provides at least the amounts required by the applicable law where a covered "auto" is principally garaged. b. That is an underinsured motor vehicle. An underinsured motor vehicle is a land motor vehicle or "trailer" for which the sum of all liability bonds or policies at the time of an "accident" provides at least the amounts required by the applicable law where a covered "auto" is principally garaged but that sum Is less than the Limit of Insurance for this coverage; c. For which an insuring or bonding company denies coverage or refuses to admit coverage except conditionally or with reservation or becomes insolvent; or d. That is a hit - and -run vehicle and neither the driver nor owner can be identified. The vehicle must make physical contact with an "insured ", a covered "auto" or a vehicle an "Insured" is "occupying ". e. That is owned by an individual Named Insured or "family member" and operated or caused to be operated by a person without the owner's consent in connection with criminal activity that has been documented In a police report. However, "uninsured motor vehicle" does not include any vehicle: a. Owned or operated by a self - insurer under any applicable motor vehicle law except a self - insurer who is or becomes insolvent and cannot provide the amounts required by that motor vehicle law; b. Owned by a governmental unit or agency; c. Designed or modified for use primarily off public roads while not on public roads. Page 4 of 4 © 180 Properties, Inc., 2003 CA 2154 02 04 i 0 COMMERCIAL AUTO CA 00 38 12 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR EXCLUSION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SINGLE INTEREST AUTOMOBILE PHYSICAL DAMAGE INSURANCE POLICY TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Liability Coverage (3) Insurrection, rebellion, revolution, The War exclusion under Paragraph B, usurped power, or action taken by Exclusions of Section ll — Liability Coverage is governmental authority in hindering or replaced by the following: defending against any of these. WAR C. Changes In Auto Medical Payments "Bodily injury", "property damage" or "covered pollution cost or expense" arising directly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. B. Changes In Garagekeepers Coverage If the Garagekeepers Coverage endorsement or the Garagekeepers Coverage — Customers' Sound Receiving Equipment endorsement is attached, the following exclusion is added: We will not pay for "loss" caused by or resulting from the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss ": WAR (1) War, including undeclared or civil war; If the Auto Medical Payments Coverage endorsement is attached, then Exclusion C.6. is replaced by the following: 6. "Bodily injury", arising directly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. D. Changes in Uninsured/Underinsured Motorists Coverage If Uninsured and/or Underinsured Motorists Coverage is attached, then the following excluslon is added: This insurance does not apply to: WAR 1. "Bodily injury" or "property damage ", if applicable, arising directly or indirectly, out of: a. War, including undeclared or civil war; (2) Warlike action by a military force, b. Warlike action by a military force, including Including action in hindering or action in hindering or defending against an defending against an actual or expected actual or expected attack, by any attack, by any government, sovereign or government, sovereign or other authority other authority using military personnel using military personnel or other agents; or or other agents; or CA 00 38 12 02 © 180 Properties, Inc., 2003 Pagel of 2 r, L -.J c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. , E. Changes In Personal Injury Protection Coverage 1. If Personal Injury Protection, no- fault, or other similar coverage is attached, and: a. Contains, in whole or in part, a War exclusion, that exclusion is replaced by Paragraph 2. b. Does not contain a war exclusion, Paragraph 2. is added. 2. This insurance does not apply to: WAR "Bodily injury" or "property damage ", if applicable, arising directly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action In hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 0 F. Changes In Single Interest Automobile Physical Damage Insurance Policy The War exclusion is replaced by the following: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority In hindering or defending against any of these. Page 2 of 2 © ISO Properties, Inc., 2003 CA 00 313 12 02 0 0 COMMERCIAL AUTO CA 0143 02 97 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES For a covered "auto" licensed or principally garaged in or "garage operations" conducted in California this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The Other Insurance Condition Is changed by e. When this Coverage Form and any other adding the following: Coverage Form or policy providing liability d. When this Coverage Form and any other coverage apply to an "auto" and: Coverage Form or policy providing liability 1. One provides coverage to a Named Insured coverage apply to an "auto" and: engaged in the business of selling, 1. One provides coverage to a Named Insured repairing, servicing, delivering, testing, road - engaged in the business of selling, testing, parking or storing "autos," and repairing, servicing, delivering, testing, road- 2. The other provides coverage to a person not testing, parking or storing "autos," and engaged in that business, and 2. The other provides coverage to a person not 3. At the time of an "accident" an "insured" engaged in that business, and under the Coverage Form described in 1. Is 3. At the time of an "accident," a person operating an "auto" owned by a person described In 2. is operating an "auto" owned described in 2., then the Coverage Form by the business described in 1., then that issued to the business described in 1. is person's liability coverage is primary and the primary and the Liability Coverage issued to Coverage Form issued to a business a person descnibed in 2. is excess over any described in 1. is excess over any coverage coverage available to the business. available to that person. CA 0143 02 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 COMMERCIAL AUTO CA 20 38 02 97 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CALIFORNIA - LEASING OR RENTAL CONCERNS - PRIMACY OF COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Truckers Coverage Form, are changed by adding the following: 1. Notwithstanding Paragraph a. in the Business Auto Coverage Form and Paragraphs a. and c. in the Truckers Coverage Form, when this Coverage Form and any other Coverage Form or policy providing liability coverage apply to a "commercial vehicle" and: a. One provides such coverage to a Named Insured engaged in the business of renting or leasing "commercial vehicles" without operators, and b. The other provides such coverage to a person not engaged in that business, and c. At the time of an "accident ", a person who is not the Named Insured of the policy described in Paragraph A.1.b., and who is not the agent or employee of such Named Insured is operating a "commercial vehicle" provided by the business covered by the Coverage Form or policy described in Paragraph A.1.a., then the liability coverage provided by the Coverage Form or policy described in Paragraph A.1.b. is primary, and the liability coverage provided by the Coverage Form or policy described in Paragraph A.1.a. is excess over any coverage available to that person. B. As used in this endorsement: "Commercial vehicle" means an "auto" of a type required to be registered under the California Vehicle Code, and: 1. Used or maintained for the transportation of persons for hire, compensation or profit, other than a van pool vehicle; 2. Designed, used or maintained primarily for the transportation of property; or 3. Leased for a period of six months or more. CA 20 38 02 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 0 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES IN HIRED CAR PHYSICAL DAMAGE - LIMIT OF INSURANCE This endorsement modifies insurance provided under the following: 10- 11 BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM TRUCKERS ENDORSEMENT The BUSINESS AUTO COVERAGE FORM is changed as follows: 1. PHYSICAL DAMAGE COVERAGE for covered "autos" you hire or borrow is excess unless primary physical damage coverage for such autos is specifically provided in the policy Declarations 2. Paragraph b. of the OTHER INSURANCE Condition does not apply to Hired Auto Physical Damage Coverage. The GARAGE COVERAGE FORM is changed as follows: 1. PHYSICAL DAMAGE COVERAGE for covered "autos" you hire or borrow is excess unless primary physical damage coverage for such autos is specifically provided in the policy Declarations. 2. Paragraph b. of the OTHER INSURANCE Condition regarding Hired Auto Physical Damage Coverage does not apply Form HA 00 2412 90 Printed in U.S.A. C. The TRUCKERS COVERAGE FORM is changed as follows: 1. PHYSICAL DAMAGE COVERAGE for covered "autos" you hire or borrow is excess unless primary physical damage coverage for such autos is specifically provided in the policy Declarations. 2. Paragraph d. of the OTHER INSURANCE - PRIMARY AND EXCESS INSURANCE Condition regarding Hired Auto Physical Damage does not apply. D. The TRUCKERS ENDORSEMENT is changed as follows: 1. PHYSICAL DAMAGE COVERAGE for covered "autos" you hire or borrow is excess unless primary physical damage coverage for such autos is specifically provided in the policy Declarations. 2. Paragraph d. of the OTHER INSURANCE Condition regarding Hired Auto Physical Damage Coverage does not apply. 0 0 POLICY NUMBER: r� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MEXICO COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM Endorsement effective Named Insured Countersigned by (Authorized Representative) The coverage provided by this policy will apply while your covered "auto' is being used in the Republic of Mexico for no more then 10 days at any one time. However, such coverage shall be excess over any other collectible insurance. WARNING: The Republic of Mexico considers an auto accident a criminal offense as well as a civil matter. Unless you have automobile insurance written by a Mexican Insurance Company, you may spend many hours or days in jail If you have an accident in Mexico. Insurance coverage should be secured from a company licensed under the laws of Mexico to write such insurance in order to avoid complications and some other penalties possible under the laws of Mexico, including the possible impoundment of your automobile. Form HA 99 D4 01 87 Printed In U.S.A. r, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY COVERAGE PRIVATE PASSENGER TYPE AUTOS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM Section I A. R1 The BUSINESS AUTO COVERAGE FORM is changed as follows: For LIABILITY COVERAGE for "private passenger type autos ", paragraph a. of the POLLUTION EXCLUSION applies only to liability assumed under a contract or agreement. The TRUCKERS COVERAGE FORM is changed as follows: For LIABILITY COVERAGE for "private passenger type autos ", paragraph a. of the POLLUTION EXCLUSION applies only to liability assumed under a contract or agreement. Form HA 99 08 12 90 Printed in U.S.A. C. The GARAGE COVERAGE FORM is changed as follows: For LIABILITY COVERAGE for "private passenger type autos ", paragraph a. of the POLLUTION EXCLUSION APPLICABLE TO "GARAGE OPERATIONS" - COVERED "AUTOS" applies only to liability assumed under a contract or agreement. Section II The following is added to the DEFINITIONS Section: "Private passenger type auto" means a private passenger or station wagon type "auto" and includes an "auto" of the pick -up or van type if not used for business purposes. If you are an individual, business purposes does not include farming or ranching. 0 ;OMMERCIAL AUTOMOBILE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured' than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED B. Employees as Insureds A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown In the Declara- tions is amended to include: (1) Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "Insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named insured does not include any newly formed or acquired organization: (a) That is a partnership, joint venture or limited liability company (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 clays or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. Paragraph A.I. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Lessors as insureds Paragraph A.1. - WHO IS AN INSURED - of Section It - Liability Coverage is amended to add: e. The lessor of a covered "auto' while the "auto" is leased to you under a written agreement if. (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: If an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. Form HA 9916 03 02 Page 1 of 3 0 2001, The Hartford (Includes copyrighted material of ISO Properuez, Inc., with its permission.) 0 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply If you have workers' compensation insurance in -force covering all of your "employees ". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "toss" to any hired .auto" is: (1) $50,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss "; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible appi €es to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage Is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover 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, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any .auto" you hire or borrow from any of your "employees ", partners (if you are a partnership), members (If you are a limited liability company), or members of their households. 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provided a limit of $60 per day and a maximum limit of $1,000. 11 6. LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, if along -term leased "auto" is a covered "auto" and the lessor is named In the policy as a Loss Payee, we will pay in the event of a total "loss" your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. SOUND RECEIVING AND TRANSMITTING EQUIPMENT - BROADENED COVERAGE Paragraphs B.4.c. & d. - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE do not apply to equipment designed solely for receiving or transmitting sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto ". 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR -WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION 111 - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass Is repaired rather than replaced. Form HA 99 16 03 02 Page 2 of 3 • 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following Is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accldenf, the following applies: (1) If the deductible under this Business Auto Coverage Form Is the smaller (or smallest) deductible, it will be waived; (2) if the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a, - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "eccldent" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, If you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 11 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short -lens hired "autos ", the coverage territory with respect to Liability Coverage is anywhere in the world provided that If the "insurad's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit." the "suit" Is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in 'a settlement we agree to. 1,3:;WAIVER.OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily Injury" In SECTION V- DEFINITIONS is replaced by the following: "Bodily Injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17:' F1 ENOEDAf fCEE CATION: CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Form HA 9916 03 02 Page 3 of 3 0 • Farley, Lauren From: Mark Zahoryin [MZahoryin @bbsocal.coml Sent: Wednesday, March 01, 2006 2:42 PM To: Farley, Lauren Cc: April Walker Subject: All American Asphalt/ Additional insured automobile liability issue Attachments: definitions.PDF; generalconditions.PDF; Policydoc.PDF Lauren, please find attached copies of the following: 1. Complete package of what was given to me last night (Policydoc) 2. General conditions page of the policy for American Asphalt 3. one page of the Definitions section of the policy for American Asphalt. Page 1 of 1 Lauren, as indicated in Kathy Lopez's 2 -28 email, the Hartford policy does include coverage for the city if it is required by an "insured contract ", please refer to the general conditions attachment and refer to item 5.c. In addition please refer to attachment Definitions attachment and refer to item H. 5. Please note that it refers to indemnification by contract. I believe that the city not only needs to require American Asphalt to name the City as additional insured but it needs to include indemnification wording. In addition, although the insurance company must give 30 days notice, they will be giving such notice to the Insured and not the City. I would further recommend that you contact the City attorneys office to determine if there are any further negatives to accepting the policy as is, rather than obtaining a certificate of insurance naming the city as additional insured. I hope this is helpful. Let me know if you have any other questions. Mark Mark A. Zahoryin Senior Vice President Brown & Brown of California, Inc. CA License No. 0606107 500 N. State College Blvd. Suite 400 Orange, CA. 92868 Direct Line: 714 - 221 -1827 Direct Fax: 714 -221 -4127 NOTICE: This email message is for the sole use of the intended recipient (s) and may contain confidential and privilege information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Also, be aware that coverage may not bound, altered or cancelled by the use of email. 03/08/2006 All American Asphalt • (7 xdS Page 1 of 2 Farley, Lauren From: Oyler, Shauna Sent: Tuesday, February 28, 2006 1:34 PM To: Farley, Lauren Subject: FW: All American Asphalt Attachments: All American Asphalt - Auto Policy.tif What do you think about the below. I have requested All American to supply us with an additonal insured Auto endorsement. Shaun OyCer From: Kathy Lopez [mailto:KLopez @calco.com] Sent: Tuesday, February 28, 2006 1:30 PM To: Oyler, Shauna Cc: Debbie Matsen Subject: All American Asphalt Hi Shouna Recently we issued a certificate of insurance on behalf of our client, All American Asphalt and they have advised us of the request for additional insured status on the auto policy. Hartford, the carrier for the automobile line of coverage, does not issue separate endorsements for additional insureds. The reason is because an endorsement is used for amending policies and the policy already provides additional insured status for those entities that require it in a contract. As the contract between you and All American requires you have additional insured status, the policy automatically extends this to the City of Newport Beach. As Hartford is the insurance company and we are the agents on their behalf, Hartford will only provide coverage information through Calco. In order to provide you with documentation as requested, All American has given us permission to forward a copy of their automobile policy for your records. The highlights of the policy show 30 day notice of cancellation along with the additional insured status when required by contract. Please accept this as meeting the requirements of the additional insured status and 30- day notice. Should you have any questions, please feel free to contact me. 02/28/2006 All American Asphalt • Regards Kathy Lopez 714 -937 -4270 <<All American Asphalt - Auto Policy.tif>> 02/28/2006 • Page 2 of 2 0 02/08/2006 WED 16:35 PAR CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO.1 • ®001/008 Page: 1 of 2 WEST NEWPORT STREETS AND ALLEYS REHABILITATION CONTRACT NO 3723 DATE: 'Z/� BY: City Engineer TO: ALLPLANHOLDERS The following changes, additions, deletions, or clarfications shall be made to the Contract Documents — all other conditions shall remain the same. A. SPECIAL PROVISIONS 1. Section 93: Delete Bid Item Nos. 5 and 6 in its entirety and replace with the following: "Item No. 5 Construct 2 -Inch Finished Course AC Overlay: Work under this item shall include constructing asphalt pavement finish course and all other work items as required to complete the work in place. The 2 -inch Finished Course AC Overlay shall be C3 -AR -4000 Item No. 6 Construct Variable Depth Leveling Course AC Overlay: Work under this item shall include constructing asphalt pavement leveling course and all other work items as required to complete the work in place. Areas of Leveling Course AC Overlay will be determined in the field by the City prior to starting construction. The Leveling Course AC Overlay shall be D2 -AR -4000" & PROPOSAL 2. Substitute the enclosed Revised Proposal for the original Proposal. Estimated quanties have been revised. f :kusers \pbwlsharodkcontraetslfy 05.06iwest newport pavement c-37231addendum no 1.doc +. V/08/2006 w8o 16:36 PAR 01002/008 Page: 2 of 2 Bidders must sign this Addendum No.1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No.1 Is attached. 0 0 I have carefully examined this Addendum and have Included full payment In my Proposal. _ Ail Arnav; nnin A-�oY1a.1 I Bidder's Name (Please Print) �oJan' /3 q, onto Date Authorized Signature & Title Rol -5adleV YltePr a/N f :\userslpbwlshaiedlcontractslfy 05.06 \west newport pavement o-37231addendum no f.doc 9 2/08/.2006 WED 16:36 FAX CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT REVISED PROPOSAL WEST NEWPORT PAVEMENT REHABILITATION CONTRACT NO. 3723 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: ®003/000 Addendum No. 1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3723 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization f,,,y Ej�k+ rows @Fc:.rH"-6eSio agfoae..Dollars and Ze.,re Cents Per Lump Sum 2. Lump Sum Traffic Control (d�Th�r we Dollars se a. nm Viand Zp6m Cents Per Lump Sum 3. 238,000 S.F. Cold Mill Asphalt Pavement @ ZC'f-e, Dollars and 'rwe, :!!X C —,%,P— Cents Per Square Foot $ 3� f(8 $ tio 7 y $ 0.2c $ CI Too A2/08/2006 WED 16:36 PAX • . ®004/008 Addendum No.1 - PR 2 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Crack Sealing S a TA.a @ Rue. 01113" -1 Dollars and yo n9 Cents is & Do is s6J Per Lump Sum 5. 3,150 TONS 2 -Inch Thick Finished Course AC Overlay @ Dollars and zi elf o Cents is 6r- is Zo Per. Ton 6. 630 TONS Variable Depth Leveling Course AC Overlay (a75ecac�.k„ Og.e Dollars and P Cents is is q S D Per Ton T 7. 3,800 S.F. Remove Pavement and Reconstruct 6 -inch AC over Compacted Sand @ Sr. Dollars a6 6o and / CO-0 z9-0 Cents $ 3- is ---/ �g Per Square Foot 8. 2,000 S.F. Remove Pavement and Reconstruct Failed Pavement (Dig -outs) @ Sasc� Dollars and z.vro Cents $ is ( ty ocv Per Square Foot 9. 26,000 S.F. Remove Existing and Construct &inch PCC Alley Pavement @ Li?,k k Dollars and w _7_ + Cents is S' $ � o Per Square Foot 0 .02108/2006 WED 16:36 PAR ®005/008 • • Addendum No.1 - PR 3 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10 2,200 S.F. Remove Existing and Construct 6 -inch PCC Alley Approach NJhe. Dollars and 00 Zwp Cents $ �_ $ j7 8o- Per Square Foot 11 1,300 S.F. Remove Existing and Construct 6-inch PCC Patchback a uNle- Dollars and LW -turo Cents $ $ Per Square Foot 12. 2,100 S.F. Remove Pavement and Reconstruct 6 -inch PCC Pavement Ah,e. Dollars and 1 ye a `zelvv Cents $ $ Per Square Foot 13. 250 S.F. Remove & Construct 6 -inch thick PCC Sidewalk with Thickened Edge a U N4 Dollars and zwo Cents $ �% $ _ A A ZOO Per Square Foot 14. 400 L.F. Remove Existing and Construct Type A PCC Curb and Gutter 8r�k Dollars and zero Cents $ 30- $ e� Per Linear Foot 15. 120 L.F. Remove Existing and Construct Type B PCC Curb Dollars and 7-a-ro Cents $ 3o $ 3 6 0 0 Per Linear Foot r- - .02/08/2006 WED 16:36 PAR IM006/008 • • Addendum No.1 - PR 4 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 30 L.F. Remove Existing and Construct PCC Rolled Curb 0 @ Dollars and z4-CO Cents Per Linear Foot 17. 34 E.A. Construct PCC Curb Access Ramp, Case "K" D (c�0ue (kw, s., d Rye rs and zero Cents Per Each 18. 2 E.A. Construct PCC Curb Access Ramp, Case "H" ure 76,5 --0 (� Rbc N4-.d .ems Dollars and Cents Per Each A �u $ 30 $ oo $ rO° $ Q. 7 $ ( $ 600 19 2,200 S.F. Remove Existing and Construct 4 -inch PCC Sidewalk S -x- Dollars and Cents $ b So $ Per Square Foot 20 1,300 S.F. Remove Existing and Construct 8 -inch PCC Cross Gutter Dollars and z Cents $ L— $ S Per Square Foot 21. 30 EA. Adjust Manhole Frame and Cover to Grade a I hN liars and ze�n Cents $ 33s $ low Per Each 0 0 0? /08/2006 WED 16:36 FAX ®007 /008 • Addendum No.1 - PR 5 of 6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 60 EA. Adjust Water Valve Cover to Grade @taro O—J cd l Dollars and L� Cents $ Y O $ _ ! �/ ao) Per Each 23. 7 EA. Reconstruct Water Valve Cover to Grade t,` f, Dollars and ze -o Cents $ $ Per Each 24. 61 EA. Remove and Install Water Meter Box N d.elTej&, , ollars and z.ern Cents $ 3d 5^ $ !9• Sri Per Each 25. 4 EA. Replace Sewer Cleanout Cover @ 1"k,re� hl"Ayec! Dollars and Tzwa Cents no $ 300 $ a O� Per Each 26. 14 EA. Replace Street Light Pull Box @&n.r Tka�kk c4r Dollars and aery Cents d. $ Per Each 27 120 S.F. Remove Existing and Construct PCC Driveway Approach @ u i1,¢ Dollars and zoo Cents $ + D o $_ Per Square Foot 28. 17 EA, Adjust Survey Monument to Grade @'rwo d.&2- Dollars and 21"T Cents pO $ ")S_0 a { a $_ Per Each 0J /08/2006 WED 16:36 PAX 2008 /008 Addendum No.1 - PR 6 of 6 TOTAL QUANTITY ITEM DESCRIPTION AND UNIT UNIT ,ITEM: AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 29. Lump Sum Signing, Striping, Markings, and Markers Tw *r OY2 Y'kA -.-6 @TkolL A1m4 Ti..e. Lw Dollars and 2 e4-Q Cents $ s Per Lump Sum 30. 4 EA. Traffic Signal Loop Replacement OFo r T„unFv (-,bc- Dollars and r e4' Cents $ 17 S $ 1 7°'? Per Each 31. Lump Sum Provide As -Built Drawings Se rep. tb, d e� Dollars and a o z P.rn Cents $ Per Lump Sum 32. Lump Sum Surveying Services �twe.�t� i 1� ows� . ✓a Dollars and 7�rr� Cents $ 20.000 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS NA,e- a'-'" T',&--47 1-wojj&'�s A )utw l- d,-f.b C„ekG Two Dollars and it-ro Cents /.a5fl�a�ti�ro� For_% /AN)1 - 41a-1j Bidder's Telephone and Fax Numbers #,41n7 D-13IAI G-t', Bidder's License No(s). and Classification(s) $ ;L2 -00 Total Price (Figures) I I I Amwiaain A ohs( f Bidder Bidder's Authodzeg S i gnature arifTitip er'-F t?rt. r`�vv 9 ara�f /.xn✓� . /'/f 92878-a239 Bidder's Address 0 fAusers"vAshamdbuntmet9Vy 05-0%mst newpod pavement 0723"opwal o3723.d0o 0 0 1 1 C F 2 2 2 3 3 3 3 3 3 4 2 4 4 4 5 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS WEST NEWPORT PAVEMENT REHABILITATION CONTRACT NO. 3723 INTRODUCTION PART 1-- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 1 1 C F 2 2 2 3 3 3 3 3 3 4 2 4 4 4 5 0 6 -7.4 Working Hours 5 6 -9 LIQUIDATED DAMAGES 5 6 -11 SEQUENCE OF CONSTRUCTION 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7 -7 COOPERATION AND COLLATERAL WORK 6 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 8 7 -10.4 Public Safety 9 7- 10.4.1 Safety Orders 9 7 -10.5 "No Parking" Signs 9 7 -10.7 Notice to Residents and Temp Parking Permits 9 7 -15 CONTRACTOR LICENSES 10 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 10 SECTION 9 MEASUREMENT AND PAYMENT 10 9 -3 PAYMENT 10 9 -3.1 General 10 9 -3.2 Partial and Final Payment 14 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 15 201 -1 PORTLAND CEMENT CONCRETE 15 201 -1.1.2 Concrete Specified by Class 15 201 -2 REINFORCEMENT FOR CONCRETE 15 201 -2.2.1 Reinforcing Steel 15 201 -7 NON- MASONRY GROUT 15 201 -7.2 Quick Setting Grout 15 • • SECTION 214 PAVEMENT MARKERS 15 214 -4 NONREFLECTIVE PAVEMENT MARKERS 15 215 -5 REFLECTIVE PAVEMENT MARKERS 15 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 15 300 -1 CLEARING AND GRUBBING 15 300 -1.3 Removal and Disposal of Materials 15 300 -1.3.1 General 16 300 -1.3.2 Requirements 16 300 -1.5 Solid Waste Diversion 16 SECTION 302 ROADWAY SURFACING 16 302 -5 ASPHALT CONCRETE PAVEMENT 16 302 -5.1 General 16 302 -5.4 Tack Coat 17 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 17 302 -6.6 Curing 17 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 17 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 17 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 17 303 -5.1 Requirements 17 303 -5.1.1 General 17 303 -5.4 Joints 17 303 -5.4.1 General 17 303 -5.5 Finishing 17 303 -5.5.1 General 17 303 -5.5.2 Curb 18 303 -5.5.4 Gutter 18 SECTION 307 STREET LIGHTING AND TRAFFIC SIGNALS 18 307 -4 TRAFFIC SIGNAL CONSTRUCTION 18 307 -4.9.3 Inductive Loops 18 SECTION 310 PAINTING 18 310 -5 PAINTING VARIOUS SURFACES 18 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 18 310 -5.6.7 Layout, Alignment and Spotting 18 310 -5.6.8 Application of Paint 19 i • SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 19 312 -1 PLACEMENT 19 SECTION 600 MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 20 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 20 600 -2.1 Asphalt- Rubber 20 600 -2.1.1 General 20 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 20 600 -2 -6.3 Rolling 20 600 -2.7 Asphalt- Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer 20 APPENDIX A Drawing No. T- 5782 -L Striping Work Order for Alleys 0 • SP 1 OF 20 CITY OF NEWPORT BEACH QRpF E5S /py PUBLIC WORKS DEPARTMENT �@�o FRANK <~, THAN TRAN SPECIAL PROVISIONS No. 62845 CONTRACT. NO. 3723 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5873 -5, A- 5157 -S, T -5216- S, T- 5782 -L, T- 5244 -S, and Alley Striping Work Order); (3) the City's Standard Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of: - For roadways, cold milling and overlaying portions of roadway; removing and replacing other portions of deteriorated asphalt roadway; replacing curb access ramps, constructing cross gutters, replacing signal loops, adjusting utilities to grade, and other incidental items of work. - For alleys, removing existing asphalt pavement and existing PCC ribbon gutter within selected alleys; constructing new PCC alley pavement, alley approaches; replacing water meter boxes, water valve covers to the finished grades, and other incidental items of work." 0 2 -9 SURVEYING • SP2OF20 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Coast Surveying, Inc. and can be contacted at (714) 918 -6266. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48- hours in advance of any work. In addition, the filing of a Corner Record and/or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. 0 • SP3OF20 (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5--- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings by an approved method that does not damage existing surfaces." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, SBC, Cable Television, and other utility facilities (hand holes and manholes) to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to • • SP4OF20 coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. The Contractor shall perform a field- review for the location and the number of existing manholes and pull -boxes prior to bidding. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job. See Section 6 -11 for Sequence of Construction." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within fifty (50) consecutive working days after the date on the Notice to Proceed, planned for March 13, 2005. The Contractor shall complete the work on Seashore Drive and Street Ends in thirty (30) consecutive working days as defined in the Section 6 -11, Sequence of Construction, Items 1 and 2. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." • • SP5OF20 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 15` the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31St (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, his /her subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:00 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.90 per hour request is approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $1,000.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that 1,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 SEQUENCE OF CONSTRUCTION. The order of construction shall be: (1) Seashore Drive concrete work including alley approaches. (2) Construction work on Seashore Drive and Street Ends including striping. Seashore Drive work shall be divided into 3 phases: Phase 1 from Cedar Streets to 54th Street; Phase 2 from 54th Street to 43rd Street; Phase 3 from 43rd Street to 31st Street. When one phase is completed and temporarily striped, the next phase can then be started. (3) Alley reconstruction. • SP6OF20 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time' he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes in alleys and alley approaches. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca. us /pubworks /links. htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any • • SP7OF20 wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Contractor shall maintain access to the 56th and 58th Street Parking Lots and nearby metered parking spaces for the following events: - NSSA Open Season Event (Surf Contest); at 54th Street, on March 4th & 5th - Newport Harbor High Spring Classic Fund Raiser; at 56th Street, on April 1st & 2nd -6 th Annual Volcom World Surfing Championships; at 54th Street, on May 12th & 14th Pedestrian access to residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the • • SP8OF20 Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners. 5. The Contractor shall submit a Traffic Control Plan for each sequence of construction (Section 6 -11) with detour route(s) for closed segment(s) of Seashore Drive to the Engineer for approval. 6. All streets shall be open to vehicular traffic including on- street and off - street parking during non - working hours. 7. No two adjacent alleys shall be under construction at the same time. For instance, while constructing Alley 326, Alleys 327 and 324 -B shall be open at all times until Alley 326 is complete and open for traffic. 8. All PCC alleys will be paved within 5 days after alley demolition." 0 7 -10.4 Safety • SP9OF20 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other • • SP 10 OF 20 alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flag - persons. This item includes • • SP 11 OF 20 furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3 Cold Mill Asphalt Pavement: Work under this item shall include cold milling the asphalt roadway to a depth below existing finished grade as shown on the drawings, disposing of the debris, and all other work items as required to complete the work in place including header cuts at ends of milling. Item No. 4 Crack Sealing: Work under this item shall include full compensation for all labor, materials, tools, equipment, and incidentals for, but not limited to pavement clearing and cleaning, routing out the cracks, applying a soil sterility /weed killer solution, crack sealing the existing roadway with a hot - applied crack sealant and all other work items as required to seal all cracks within the project limits greater than 3/8 ". Item No. 5 Construct 1 -Inch Finished Course AC Overlay: Work under this item shall include constructing asphalt pavement finish course and all other work items as required to complete the work in place. Item No. 6 Construct 1 -Inch Base Course AC Overlay: Work under this item shall include constructing asphalt pavement base course and all other work items as required to complete the work in place. Item No. 7 Remove and Reconstruct 6 -inch AC over Compacted Sand: Work under this item shall include removing and disposing of the existing pavement, grading, subgrade compaction, constructing 6 -inch AC over compacted sand and all other work items as required to complete the work in place. The 6 -inch AC pavement shall be constructed in two lifts, and shall be III -133 -AR -4000. Item No. 8 Remove and Reconstruct Failed Pavement (Dig- outs): Work under this item shall include saw- cutting, removing and disposing of the existing pavement, grading, subgrade compaction, constructing 6 -inch AC over compacted sand and all other work items as required to complete the work in place. Areas of failed pavement will be identified and painted in the field by the City prior to starting construction. The shapes of dig -out areas are irregular and vary from 10 SF to 100 SF. Item No. 9 Remove and Construct 6 -inch Thick PCC Alley Pavement: Work under this item shall include removing existing improvements including PCC ribbon gutter, grading, compaction, and constructing 6 -inch thick P.C.C. alley pavement per City of Newport Beach STD- 140 -L, STD - 141 -L, Plan detail, installing joint fillers, restoration of any private improvements damaged during construction, and all other work items as required to complete the work in place. Item No. 10 Remove and Construct 6 -Inch Thick P.C.C. Alley Approach: Work under this item shall include removing and disposing of the existing alley approach, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 6 -inch thick P.C.C. alley approach per applicable portions of City of • • SP 12 OF 20 Newport Beach STD - 143 -L, Plan detail, and all other work items as required to complete the work in place. Item No. 11 Remove and Construct 6 -Inch Thick P.C.C. Patchback: Work under this item shall include removing and disposing of the existing improvements, grading, compaction, constructing 6 -inch thick P.C.C. patchback, and all other work items as required to complete the work in place. Item No. 12 Remove and Construct 6 -Inch Thick P.C.C. Pavement: Work under this item shall include removing and disposing of the existing pavement, subgrade compaction, constructing 6 -inch thick P.C.C. pavement per City of Newport Beach STD - 108-L, and all other work items as required to complete the work in place. Item No. 13 Remove and Construct 6 -Inch Thick P.C.C. Sidewalk with Thickened Edge: Work under this item shall include removing and disposing of the existing surface, subgrade compaction, constructing 6 -inch thick P.C.C. Sidewalk with Thickened Edge per Plan Detail, and all other work items as required to complete the work in place. Item No. 14 Remove and Construct Type "A" P.C.C. Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter per City of Newport Beach STD - 182 -L, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be matched existing. Item No. 15 Remove and Construct Type "B" P.C.C. Curb: Work under this item shall include removing and disposing of the existing curb, compacting subgrade, constructing P.C.C. curb per City of Newport Beach STD - 182 -L, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 16 Remove and Construct P.C.C. Rolled Curb: Work under this item shall include removing and disposing of the existing curb, compacting subgrade, constructing P.C.C. rolled curb per Plan Detail, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 17 Remove and Construct 4 -Inch Thick P.C.C. Curb Access Ramp, Case "K ": Work under this item shall include removing and disposing of the existing surface, subgrade compaction, constructing the 4 -inch thick P.C.C. curb access ramp per City of Newport Beach STD - 181 -L -B, Case "K ", including curb and gutter, and all other work items as required to complete the work in place including relocating sign. • • SP 13 OF 20 Item No. 18 Remove and Construct 4 -Inch Thick P.C.C. Curb Access Ramp, Case "H ": Work under this item shall include removing and disposing of the existing surface, subgrade compaction, constructing the 4 -inch thick P.C.C. curb access ramp per City of Newport Beach STD - 181 -L -B, Case "H ", including curb and gutter, and all other work items as required to complete the work in place. Item No. 19 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing, disposing of the existing sidewalk and any intruding plant material, subgrade compaction, constructing 4 -inch thick P.C.C. sidewalk, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 20 Remove and Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include removing and disposing of the cross gutter and spandrels, subgrade compaction, placing crushed miscellaneous base, base compaction, constructing 8 -inch thick P.C.C. cross gutter per applicable portions of City of Newport Beach STD - 185 -L, adjusting City utility facilities such as street lighting, sewer, water, etc. boxes and covers to grade, and all other work items as required to complete the work in place. Item No. 21 Adjust Manhole Frame to Grade: Work under this item shall include adjusting all manhole frames to grade per City of Newport Beach STD - 111 -L, and all other work items as required to complete the work in place. Item No. 22 Adjust Water Valve Cover to Grade: Work under this item shall include adjusting all water valve frames and covers in roadways to grade per applicable portions of City of Newport Beach STD - 511 -L, and all other work items as required to complete the work in place. Item No. 23 Reconstruct Water Valve Cover to Grade: Work under this item shall include removing and replacing water valve frame and cover and adjusting the water valve frames and covers to grade in alleys, per City of Newport Beach Std. - 511 -L, and all other work items as required to complete the work in place. Item No. 24 Remove and Install Water Meter Box: Work under this item shall include removing existing water meter boxes, furnishing and installing water meter boxes in alleys, per City of Newport Beach STD - 502 -L, and all other work items as required to complete the work in place. Item No. 25 Remove and Install Sewer Cleanout Cover: Work under this item shall include replacing all sewer cleanout covers to grade per applicable portions of City of Newport Beach STD - 406 -L, and all other work items as required to complete the work in place. • • SP 14 OF 20 Item No. 26 Replace Street Light Pull Box: Work under this item shall include providing and installing street light pull box in sidewalk reconstruction area, and wiring per City of Newport Beach STD -204 -L and all other work items as required to complete the work in place. Item No. 27 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing improvements and constructing a 6 -inch thick P.C.C. driveway approach per City of Newport Beach STD - 164 -L, including curb and gutter, and all other work items as required to complete the work in place. Item No. 28 Adjust Survey Monument to Grade: Work under this item shall include adjusting of existing monument to grade per applicable portions of City of Newport Beach STD - 116 -L, and all other work items as required to complete the work in place. Item No. 29 Signing, Striping, Markings, and Markers: Work under this item shall include installing, removing, storing, and reinstalling all traffic signs, replacing all traffic striping, pavement legends, pavement markers, curb markings, and all other work items as required to match existing and complete the work in place. Item No. 30 Traffic Signal Loop Replacement: Work under this item shall include providing and installing traffic signal loops, pull box conduit, and wiring and all other work items as required to complete the work in place. Item No. 31 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the engineer for review prior to request for pay. Item No. 32 Surveying Services: Work under this item shall include surveying, construction staking, protection and restoration of existing monuments and all other work items as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS • SP 15 OF 20 SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C -3250, Type V." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -7 NON - MASONRY GROUT 201 -7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: 'Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Sold Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at http: / /www. city. newport- beach.ca. us /GSV /Frachised %20Haulers. htm." • • SP 16 OF 20 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. In residential areas, no highway rated equipment or trucks are to be used (e.g. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the isolated pavement areas of removal and replacement (dig - outs)." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words "11-Y2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -133 -AR -4000. All cracks 3/8 -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas, no highway rated equipment or trucks are to be used (e.g. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. Holes, 0 • SP 17 OF 20 spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one — tenth (1110) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All saw -cuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." • • SP 18 OF 20 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. 'W shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 307 -- STREET LIGHTING AND TRAFFIC SIGNALS 307 -4 TRAFFIC SIGNAL CONSTRUCTION 307 -4.9.3 Inductive Loops. Amend this Section to include: "Traffic signal loop detectors shall be replaced per Caltrans Standard Plans ES -5A and ES -56 and shall be Type A or Type E. The new loops shall be installed within the AC pavement final course. All installed loop detectors shall be completely functional to the satisfaction of the Engineer within five consecutive working days of AC pavement final course placement. Contractor shall call the City's Traffic Engineering Technician, George Bernard, at (949) 644 -3348 prior to any traffic loop installation." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic traffic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans. The Contractor shall mark or otherwise delineate the new traffic lanes and pavement markings within 24 hours after the removal or covering of existing striping or markings. No street shall be without the proper striping over a weekend or holiday. Stop bars shall not remain unpainted overnight." • • SP 19 OF 20 310 -5.6.8 Application of Paint. Add to this section: "Temporary painted traffic striping and markings shall be applied in one coat, as soon as possible and within 24 hours after the finish course has been applied. If temporary striping is not placed within 24 hours, the City shall use its own contractor and the Contractor shall be back - charged for the work. Paint for temporary traffic striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These temporary paints shall be applied at 15 mils wet. The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness for all striping except crosswalks and limit lines — which shall be 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers /damages existing striping and /or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City. The Contractor shall paint or otherwise delineate, to the satisfaction of the Engineer, temporary traffic lanes when (1) two opposing traffic lanes are adjacent or (2) there is more than one lane in any one direction, for more than three consecutive calendar days. Dependent upon construction phasing, the Engineer may require the Contractor to apply two applications of paint to maintain adequate delineation on base pavement surfaces, at no additional cost to the City. The Contractor shall complete an inventory of existing red curb markings in location of removal of existing curb & gutter, and submit to the City inspector to verify. Contractor shall repaint existing red curb per City directions. The Contractor shall use Drawing No. T- 5216 -S for striping on Seashore Drive; Drawing No. T- 5782 -L for striping on Street Ends; Drawing No. T- 5244 -S for striping on Prospect Street; and the Work Order in the appendix for striping in alleys." SECTION 312 - -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. • SP 20 OF 20 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base as the base materials." PART 6 SECTION 600 - -- MODIFIED ASPHALTS, PAVEMENTS AND PROCESSES 600 -2 CRUMB RUBBER MODIFIED (CRM) BINDERS AND PAVEMENTS -WET PROCESS 600 -2.1 Asphalt- Rubber 600 -2.1.1 General. Add to this section: "Asphalt- rubber shall be type B." 600 -2.6 Asphalt- Rubber Hot Mix Gap- Graded 600 -2.6.3 Rolling. Add to this section: "Asphalt- Rubber Hot Mix Gap Graded material shall be compacted at or above 290 degrees Fahrenheit. Due to this requirement, the Contractor shall maintain three large self - propelled, vibrating steel wheel rollers, in working condition, on site to facilitate the initial breakdown rolling and intermediate rolling. The third roller will act as a stand -by in case of breakdown by one of the other rollers. Rubber tire rollers are not permitted. A minimum relative compaction of 95 percent is required. For each percentile less that the required 95 percent compaction the unit price for Item No. 6, Construct 2 -Inch Thick Asphalt Rubber Overlay, will be reduced by 10 percent. Any areas of roadway that does not have 90 percent relative compaction shall be removed, reinstalled and properly compacted at the Contract's sole expense." 600 -2.7 Asphalt- Rubber and Aggregate Membrane (ARAM) Surfacing or Interlayer. Add to this section: "Asphalt- rubber and aggregate membrane (ARAM) surfacing or interlayer shall be applied to the project." F: \Users \PBW\Shared \Contracts \FY 05 -06 \WEST NEWPORT PAVEMENT C- 372MSPECS C- 3723.doc C, APPENDIX A Drawing No. T- 5782 -L C71 HIGHWAY SEASHORE DRIVE WEST w - FRONT WEST 0 z a � � i z � z O V N J z O a cD c0 Of 0 0 3 U o J � LEGEND: NOTES: a a S — STOP 1. ALL STRIPING DETAILS, MARKINGS, ETC., SHALL BE PER STATE OF CALIF. DEPT. OF TRANSPORTATION STANDARD PLANS, LATEST EDITION. O — INSTALL 12" WHITE STOP ` BAR & PAVEMENT LEGEND 2• ALL 12" WHITE OR YELLOW STRIPING SHALL BE THERMOPLASTIC, UNLESS OTHERWISE INDICATED. 3. ALL PAVEMENT MARKINGS, INCLUDING ARROWS, LEGENDS AND LANE LINE EXTENSION THROUGH INTERSECTION SHALL BE THERMOPLASTIC, UNLESS OTHERWISE INDICATED. '. 4. ALL REFLECTIVE PAVEMENT MARKERS SHALL HAVE GLASS COVERED REFLECTIVE FACES OR BE 3M SERIES 290 MARKERS. 5. ALL EXISTING THERMOPLASTIC STRIPING MUST BE REMOVED PRIOR TO SLURRY. 6. ALL EXISTING PAVEMENT MARKERS MUST BE REMOVED PRIOR TO RESURFACING OR Not 5� SLURRY AND REPLACED WITH NEW MARKERS, UNLESS OTHERWISE SHOWN. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STRIPING PLAN WEST NEWPORT BEACH (ST. ENDS B/W ORANGE ST & 61ST ST ONLY) SHT7OF14 TRAFFIC ENGINEER R.C.E. 22045 ATE 0 9 APPENDIX B STRIPING WORK ORDER FOR ALLEYS LOCATION PROJECT s -;vw. 3 3 R D Ll " 4o-de Sl� ow � 41 JJ 1 f1 er CITY OF NEWPORT BEACH GENERAL WORK ORDER z edge. sfr�oes rK al /E oa L5(U I feasAore- ) �f° Edye � %ke �I-` Edye L %ke. �Thermoplas�%c- Yel(ow,Typ) I I %j I'-operfj ih2- 20' fNle� �o4tsrdel ol; {st�e� Parnf �" edie l;N e 13 -Qy . -_q ufer TO ENFgAt SERVICES ICE, TRAFFIC DESIRED COMPLCTIDNDATE DATF COMPLETED.: WOR ORDER //�' TE � W LION CHOP 131 PARKING METER cc 131 PE 6 R Ey FILE DATE PREPARED _�_�� BY a NOTIFY POLICE. TRAFFIC WHEN COMPLETED 6EAWCC NcwcoT i ' O�� TE HY THE CITY COUNCI • CITY OF NEWPORT REA • • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C -37 a1 • �3g /goo ��) Agenda Item No. sv February 28, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Steve Badum, Public Works Director 949 - 644 -3311 or sbadum @city.newport- beach.ca.us SUBJECT: BALBOA VILLAGE PHASE III -AWARD OF CONTRACT RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3727 to L.H. Engineering Co. for the Total Bid Price of $1,369,103.20 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $ 100,000 to cover the cost of unforeseen work, and $15,000 for geotechnical services and materials testing, as needed under existing on -call Professional Services Agreements. 4 Approve a Budget Amendment in the amount of .$740,000 from the unappropriated Reserve for Capital Improvement Fund balance (Account No. 010 - 3776) to Account No.. 7011- C5100543. DISCUSSION: At 10:30 a.m. on February 21, 2006 the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $1,368,828.20 $1,427,653.45 $1,466,390.80 $1,481,174.70 $1,908,502.60 Corrected Bid Amount is $1,369,103.20 BIDDER Low L.H. Engineering 2 Alliance Streetworks Inc. 3 GCI Construction 4 EBS Inc 5 Hillcrest Contracting, Inc TOTAL BID AMOUNT $1,368,828.20 $1,427,653.45 $1,466,390.80 $1,481,174.70 $1,908,502.60 Corrected Bid Amount is $1,369,103.20 Balboa Village Phase III — AwarlContract No. 3727 • February 28, 2006 Page: 2 The low bid amount is 24 percent above the Engineer's Estimate of $1.1 million. • Construction costs, particularly asphalt pavement, decorative sidewalk, and concrete, continue to be more expensive than anticipated. The low bidder, L.H. Engineering Inc, possesses a California State Contractors License Classification A as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. PROJECT INFORMATION: This is the third phase of the Balboa Village Improvements. Phase 1 was completed in June 2002 and included reconstruction of Balboa Boulevard, the Balboa Pier parking lot, and the connection drive from the A Street parking lot. The total cost of Phase 1 was approximately $4.5 million. Reconstruction of the Balboa Pier and Washington Street restrooms was a separate project completed in tandem with the Phase 1 improvements under separate funding. Phase 2 was completed in June 2003 and included street, decorative sidewalk, and landscape improvements to Palm Street and Washington Street between Balboa Boulevard and Oceanfront; decorative street pavement, decorative sidewalk, and landscape improvements in Main Street on both sides of Balboa Boulevard; and reconstruction of the Oceanfront walkway. The total cost of Phase 2 was approximately $2.7 million. Phase 3 will provide for improvements in Palm Street between Balboa Boulevard and • Edgewater, Bay Avenue between Palm Street and Main Street, and the Washington Street cul -de -sac. The improvements will consist of decorative sidewalk, reconstructed pavement, and planting of new specimen palm trees in Palm Street. The Bay Avenue - Palm Street and the Bay Avenue - Washington Street intersections will receive an enhanced decorative pavement treatment. The Washington Street cul -de -sac will be converted to a plaza type of appearance with decorative concrete. In addition, the Phase 3 contract calls for the installation of a hydrogen sulfide odor control system. Phase 3 will also provide for improvements in Balboa Boulevard between Main Street and A Street. The improvements will consist of decorative sidewalk and street lights to match the improvements previously constructed in Balboa Boulevard between Adams Street and Main Street. It should be noted the Project Bid included the construction of new decorative sidewalk on the northerly side of Balboa Boulevard between Main Street and A Street. As a condition of its on -going pump station project, the Orange County Sanitation District is responsible for the installation of decorative sidewalk at this location. If this sidewalk is constructed by the City's contractor, OCSD would reimburse the City for this cost (approximately $40,000). If this sidewalk is constructed by OCSD, then the contract amount would be reduced accordingly. • • Balboa Village Phase— Award of Contract No. 3727 February 28, 2006 Page: 3 is Construction of Phase 3 is anticipated to commence in late March 2006. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the work, which will allow for substantial completion prior to the summer tourist season. Environmental Review: An Initial Study for the Balboa Village Improvements was previously prepared and posted on January 30, 2001. The Initial Study concluded there was no significant impact as a result of the project. On August 7, 2001, the California Coastal Commission conditionally approved the project. Permits from the Army Corps of Engineers and the California Regional Water Quality Control Board have also been obtained. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in • construction industry publications. Affected residents and businesses will be noticed by the contractor /City ten days and two days prior to starting work in their area. Geotechnical, Material Testing, and Survey Services: In addition to the contract costs, $100,000 for unforeseen work and construction contingencies, and $15,000 for consulting geotechnical services and material testing .. are estimated for this project. Construction surveying services are included in the t construction contract. • Funding Availability: There is a $745,666 unencumbered balance on this project currently available in the following funds: Account Description Account Number Amount CDBG 7161 C5100543 $369,539 CDBG 7161 C5100766 $25,000 CDBG 7161 C5100767 $170,325 CDBG 7161 C5200791 $43,963 Neighborhood Enhancement 7024 C5100543 $136,839 Total: 1 $745,666 Balboa Village Phase III — Award Contract No. 3727 • February 28, 2006 Page: 4 C, J The remaining $740,000 would be appropriated from the unappropriated Reserve for Capital Improvement Fund balance upon approval of the recommended Budget Amendment. Sufficient funds will be available in the following accounts for the project: Account Description Account Number Amount CDBG 7161 C5100543 $369,539 CDBG 7161 C5100766 $25,000 CDBG 7161 C5100767 $170,325 CDBG 7161 C5200791 $43,963 Neighborhood Enhancement 7024 C5100543 $136,839 General Fund 7011 C5100791 $740,000 Total: 1 666 Prepared by: A497�% Afo� Emmet Berke Project CooKMator Attachments: Project Location Map Bid Summary Budget Amendment Submitted by: el adum !ub"orks Director • n U •. NORTH i� BALBOA VILLAGE IMPROVEMENT PHASE III • C -3727 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Balboa Village Phase 3 BID LOCATION: City Clerk's Office - City Hall CONTRACT NO.: C3727 DATE: 21- Feb -06 TIME: ENGINEER'S ESTIMATE: BY: EB CHECKED: PROJECT MANAGER: Emmet Berkery NW 1w Engineer' Estimate L.H. En aineering Alliance Streetworks ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization 1 EA $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 $35,000.00 2 Traffic Control 1 EA $12,000.00 $12,000.00 $25,000.00 $25,000.00 $114,500.00 $t 14,500.00 3 Cold Mill PCC Pavement 2" 9,050 SF $1.25 $11,312.50 $2.20 $19,910.00 $1.001 $9,050.00 4 Remove Existing AC Pavement 200 CF $5.00 $1,000.00 $14.00 $2,800.00 $10.00 $2,000.00 5 Remove Existing PCC Curb 625 LF $8.00 $5,000.00 $7.50 $4,687.50 $8.00 $5,000.00 6 Remove Existing PCC Curb and Gutter 630 LF $12.00 $7,560.00 $8.50 $5,355.00 $10.00 $6,300.00 7 Remove PCC Pavement 5,450 CF $7.00 $38,150.00 $8.00 $43,600.00 $4.50 $24,525.00 8 Remove Existing PCC Drive Approach 1,802 SF $5.00 $9,010.00 $6.50 $11,713.00 $2.25 $4,054.50 9 Remove PCC Sidewalk 11,600 SF $3.00 $34,800.00 $3.50 $40,600.00 $1.50 $17,400.00 10 Remove Existing PCC Alley Approach 550 SF $7.00 $3,850.00 $5.50 $3,025.00 $2.75 $1,512.50 11 Remove and Replace Curb Drain 8 EA $250.00 $2,000.00 $250.00 $2,000.00 $500.00 $4,000.00 12 Remove Existing Tree 10 EA $1,000.00 $10,000.00 $1,000.00 $10,000.00 $1,000.00 $10,000.00 13 Remove Parking Meter Post & Salvage Meter Head 14 EA $150.00 $2,100.00 $150.00 $2,100.00 $100.00 $1,400.00 14 Remove Parkway Culvert 1 EA $500.00 $500.00 $1,000.00 $1,000.00 $2,000.00 $2,000.00 15 Remove Sign Post & Salvage Sign 20 EA $100.00 $2,000.00 $100.00 $2,000.00 $100.00 $2,000.00 16 Remove & Salvage Street Light & Pole 7 EA $1,000.00 $7,000.00 $1,200.00 $8,400.00 $1,200.00 $8,400.00 17 Remove Pullbox & Abandon Conductors 10 EA $200.00 $2,000.00 $500.00 $5,000.00 $500.00 $5,000.00 18 Construct 18" RCP 20000 35 LF $200.00 $7,000.00 $300.00 $10,500.00 $400.00 $14,000.00 19 Coonstruct 12" HOPE 14 LF $100.00 $1,400.00 $285.00 $3,990.00 $300.00 $4,200.00 20 Construct 8" HOPE 40 LF $75.00 $3,000.00 $270.00 $10,800.00 $370.00 $14,800.00 21 Construct Catch Basin & Local Depression 4 EA $3,000.00 $12,000.00 $5,500.00 $22,000.00 $5,000.00 $20,000.00 22 Construct Junction Structure 2 EA $750.00 $1,500.00 $4,500.00 $9,000.00 $4,000.00 $8,000.00 23 Construct Type A Curb and Gutter C.F. varies 1,270 LF $25.00 $31,750.00 $39.00 $49,530.00 $20.00 $25,400.00 24 Construct Type B Curb 495 LF $20.00 $9,900.00 $28.00 $13,860.00 $20.00 $9,900.00 25 Lithocrete Oversight & Administration 1 EA $20,000.00 $20,000.00 $20,000.00 $20,000.00 $50,000.00 $50,000.00 26 Construct 4" Lithocrete Edge Band 550 LF $42.64 $23,452.00 $42.64 $23,452.00 1 $42.64 $23,452.00 27 Construct 4" Lithocrete Sidewalk 7,965 SF $22.95 $182,796.75 $22.95 $182,796.75 $22.95 $182,796.75 28 Construct 6" Lithocrete Drive Approach 305 SF $25.19 $7,682.95 $25.19 $7,682.95 $25.19 $7,682.95 29 Construct Lithocrete Sea Shell Pattern 17 EA $2,985.00 $50,745.00 $2,985.00 $50,745.00 $2,985.00 $50,745.00 30 Construct Lithocrete Access Famp 8 EA $1,922.00 $15,376.00 $1,922.00 $15,376.00 $1,922.00 $15,376.00 31 Construct 4" Type B Decorative Sidewalk 3,900 SF $12.00 $46,800.00 $18.00 $70,200.00 $7.00 $27,300.00 32 Construct 6" PCC16" CMB Drive Apron 1,040 SF $10.00 $10,400.00 $17.00 $17,680.00 $18.00 $18,720.00 33 Construct 8 "PCC4" CMB Ailey Approach 350 SF $15.00 $5,250.00 $23.00 $8,050.00 $18.00 $6,300.00 34 Construct 6" Decorative PCC16" CMB to Match Existing 250 SF $20.00 $5,000.00 $28.00 $7,000.00 $20.00 $5,000.00 35 Crushed Miscellaneous Base 200 TONS $30.00 $6,000.00 $75.00 $15,000.00 $17.00 $3,400.00 36 P ment Fabric Glass rid 14,850 SF $0.80 $11,880 -00 $1.20 $17,820.00 $1.00 $14,850.00 37 t Concrete Leveling Course 335 TONS 65.00 $21,775.00 $95.001 $31,825.00 $85.00 28,475.00 NW 1w 0 TITLE: Balboa Village Phase 3 CONTRACT NO.: C -3727 ENGINEER'S ESTIMATE: PROJECT MANAGER: Emmet Berkery 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 BID LOCATION: City Clerk's Office - City Hall DATE: 21- Feb -06 TIME: BY: EB CHECKED: $1,093,500.45 1 $1,368,103.001 1 1,427,653.451 Engineer' Estimate L.N. En olneering Alliance Streetworks ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 38 Asphalt Concrete Finish Course 200 TONS $65.00 $13,000.00 $125.00 $25,000.00 $90.00 $18,000.00 39 8" T e A Decorative Concrete Pavement 3,380 SF $15.00 $50,700.00 $23.00 $77,740.00 $20.00 $67,600.00 40 6" Type B Decorative Concrete Pavement 2,335 SF $12.00 $28,020.00 $20.00 $46,700.00 $19.00 $44,365.00 41 PCC Cross Gutter 1 EA $1,500.00 $1,500.00 $2,750.00 $2,750.00 $2,200.00 $2,200.00 42 Construct Parkway Culvert 1 EA $750.00 $750.00 $3,250.00 $3,250.00 $2,500.00 $2,500.00 43 Construct Parkin Meter Post & Foundation 16 EA $250.00 $4,000.00 $450.00 $7,200.00 $130.00 $2,080.00 44 Construct Street Lights 23 EA $2,500.00 $57,500.00 $4,500.00 $103,500.00 $5,000.00 $115,000.00 45 Construct 1.25" PVC Street Light Conduit 1,165 EA $8.00 $9,320.00 $25.00 $29,125.00 $20.00 $23,300.00 46 Construct Street Light Pullbaxes 29 EA $175.00 $5,075.00 $300.00 $8,700.00 $200.00 $5,800.00 47 Construct Street Light Conductors 1 EA $10,000 $10,000.00 $10,000.00 $10,000.00 $8,000.00 $8,000.00 48 Construct Street Light Trench Pavement (Asphalt) 100 SF $20.00 $2,000.00 $11.25 $1,125.00 $29.00 $2,900.00 49 Construct Street Light Trench Pavement Concrete 100 SF $25.00 $2,500.00 $1125 $1,125.00 $7.00 $700.00 50 Adjust Manhole to Finish Grade 8 EA $600.00 $4,800.00 $1,450.00 $11,600.00 $400.00 $3,200.00 51 Adjust Water Valve Cover to Finish Grade 61 EA $250.00 $1500.00 $750.00 $4,500.00 $200.00 $1,200.00 52 Adjust Water Meter Box to Finish Grade 5 EA $150.00 $750.00 $550.00 $2,750.00 $300.00 $1,500.00 53 Adiust Clean Out to Finish Grade 2 EA $150.00 $300.00 $560.00 $1,120.00 $600.00 $1,200.00 54 Palm Street Irrigation System 1 EA $8,000.00 $8,000.00 $11,000.00 $11,000.00 $55,000.00 $55,000.00 55 Bay-Washington Irri ation System 1 EA $5,000.00 $5,000.00 $20,000.00 $20,000.00 $55,000.00 $55,000.00 56 Palm Trees 25' BTH 17 EA $2,000.00 $34,000.00 $1,500.00 $25,500.00 $2,100.00 $35,700.00 57 90 Day Landscape Maintenance Period 1 EA $3,000.00 $3,000.00 $5,000.00 $5,000.00 $1,000.00 $1,000.00 58 Concrete Trash Receptacle 4 EA $1,500.00 $6,000.00 $850.00 $3,400.00 $1,000.00 $4,000.00 59 Metal Trash Receptacle 12 EA $1,200.00 $14,400.00 $600.00 $7,200.00 $1,000.00 $12,000.00 60 Ash Receptacle 4 EA $750.00 $3,000.00 $300.00 $1,200.00 $600.00 $2,400.00 61 Bicycle Rack 3 EA $500.00 $1.500.00 $2,800.00 $8,400.00 $1,600.00 $4,800.00 62 Sidewalk & Pavement Sealant - 18,435 SF $0.75 $13,826.25 $2.00 $36,870.00 $1.25 $23,043.75 63 Sign! g and Striping 1 EA $7,000.00 $7,000.00 $9,500.00 $9,500.00 $10,000.00 $10,000.00 64 Odor Control Pie 130 LF $75.00 $9,750.00 $65.00 $8,450.00 $95.00 $12,350.00 65 Vacuum Supply Line 75 LF $100.00 $7,500.00 $65.00 $4,875.00 $75.00 $5,625.00 66 OdorControl/Vacuum Supply Joint Trench 105 LF $65.00 $6,825.00 $45.00 $4,725.00 $130.00 $13,650.00 67 Connection to Existing Odor Mitigation Pipes 1 EA $5,000.00 $5,000.00 $6.800.00 $6,800.00 $8,000.00 $8,000.00 68 Blower Motor Starter and Enclosure 1 EA $65,000.00 $65,000.00 $25,000.00 $25,000.00 $55,000.00 $55,000.00 69 Fla ole and Foundation 1 EA $40,000.00 $40,000.00 $25,500.00 $25,500.00 $40000.00 $40,000.00 70 [Project Surveying 1 EA $15,000.00 $15,000.00 $20,000.00 $20,000.00 $8,000.00 $8,000.00 $1,093,500.45 1 $1,368,103.001 1 1,427,653.451 • TITLE: Balboa Village Phase 3 CONTRACT NO.: C -3727 - 10:30 AM ENGINEER'S ESTIMATE: PROJECT MANAGER: Emmet Berkery is • 0 GCI Construction ITEM DESCRIPTION QUANTITY UNIT AMOUNT 1 Mobilization 1 EA $104,000.00 $104,000.00 2 Traffic Control 1 EA $20,000.00 $20,000.00 3 Cold Mill PCC Pavement 2" 9,050 SF $2.00 $18,100.00 4 Remove Existing AC Pavement 200 CF $30.00 $6,000.00 5 Remove Existing PCC Curb 625 LF $5.00 $3,125.00 6 Remove Existing PCC Curb and Gutter 630 LF $9.00 $5,670.00 7 Remove PCC Pavement 5,450 CF $5.00 $27,250.00 8 Remove Existing PCC Drive Approach 1,802 SF $2.30 $4,144.60 9 Remove PCC Sidewalk 11,600 SF $1.80 $20,880.00 10 Remove Existing PCC Alley roach 550 SF $4.50 $2,475.00 11 Remove and Replace Curb Drain 8 EA $3,500.00 $28,000.00 12 Remove Existing Tree 10 EA $1,000.00 $10,000.00 13 Remove Parking Meter Post & Salvage Meter Head 14 EA $250.00 $3,500.00 14 Remove Parkway Culvert 1 EA $1,300.00 $1,300.00 15 Remove Sign Past & Salvage Sin 20 EA $80.00 $1,600.00 16 Remove & Salvage Street Light & Pole 7 EA $300.00 $2,100.00 17 Remove Pullbox & Abandon Conductors 10 EA $130.00 $1,300.00 18 Construct 18" RCP 2000D 35 LF $250.00 $8,750.00 19 Coonstruct 12" HDPE 14 LF $260.00 $3,640.00 20 Construct 8" HDPE 40 LF $112.00 $4,480.00 21 Construct Catch Basin & Local Depression 4 EA $4,800.00 $19,200.00 22 Construct Junction Structure 2 EA $3,000.00 $6,000.00 23 ConstructTypeA Curb and Gutter C.F. varies 1,270 LF $31.00 $39,370.00 24 Construct Type B Curb 495 LF $26.00 $12,870.00 25 Lithocrete Oversight & Administration 1 EA $50,000.00 $50,000.00 26 Construct 4" Lithocrete Edge Band 550 LF $42.64 $23,452.00 27 Construct 4" Lithocrete Sidewalk 7,965 SF $22.95 $182,796.75 28 Construct 6" Lithocrete Drive Approach 305 SF $25.19 $768295 29 Construct Lithocrete Sea Shell Pattern 17 EA $2,985.00 $50,745.00 30 Construct Lithocrete Access Ramp 8 EA $1,922.00 $15,376.00 31 Construct V'Type B Decorative Sidewalk 3,900 SF $18.00 $70,200.00 32 Construct 6" PCC/6" CMB Drive Apron 1,040 SF $18.00 $18,720.00 33 Construct 8 "PCC4" CMB Alley Approach 350 SF $20.00 $7,000.00 34 Construct 6" Decorative PCC16" CMB to Match Existing 250 SF $29.00 $7,250.00 35 Crushed Miscellaneous Base 200 TONS $83.00 $16,600.00 36 Pavement Fabric Glass rid 14,850 SF $1.20 $17,820.00 37 Asphalt Concrete Leveling Course 1IM 335 TONS $95.00 $31,825.00 is • 0 0 0 TITLE: Balboa Village Phase 3 CONTRACT NO.: C -3727 10:30 AM ENGINEER'S ESTIMATE: PROJECT MANAGER: Emmet Berkery 1,466,390.80 0 0 `J GCI Construction ITEM DESCRIPTION QUANTITY UNIT AMOUNT 38 Asphalt Concrete Finish Course 200 TONS $114.00 $22,800.00 39 8" Type A Decorative Concrete Pavement 3,380 SF $20.00 $67,600.00 40 6" Type B Decorative Concrete Pavement 2,335 SF $19.00 $44,365.00 41 PCC Cross Gutter i EA $1,500.00 $1,500.00 42 Construct Parkway Culvert 1 EA $3,500.00 $3,500.00 43 Construct Parking Meter Post & Foundation 16 EA $405.00 $6,480.00 44 Construct Street Lights 23 EA $4,500.00 $103,500.00 45 Construct 1.25" PVC Street Light Conduit 1,165 EA $27.00 $31,455.00 46 Construct Street Light Pillboxes 29 FA $320.00 $9,280.00 47 Construct Street Light Conductors 1 EA $16,000.00 $16,000.00 48 Construct Street Light Trench Pavement (Asphalt) 100 SF $30.00 $3,000.00 49 Construct Street Light Trench Pavement Concrete 100 SF $40.00 $4,000.00 50 Adjust Manhole to Finish Grade 8 EA $1,000.00 $8,000.00 51 Adjust Water Valve Cover to Finish Grade 6 EA $400.00 $2,400.00 52 Adjust Water Meter Box to Finish Grade 5 EA $400.00 $2,000.00 53 Adjust Clean Out to Finish Grade 2 EA $400.00 $800.00 54 Palm Street Irrigation System 1 EA $21,000.00 $21,000.00 55 Bay-Washington Irrigation System 1 EA $19,000.00 $19,000.00 56 Palm Trees 25' BTH 17 EA $2,000.00 $34,000.00 57 90 Day Landscape Maintenance Period 1 EA $1,100.00 $1,100.00 58 Concrete Trash Receptacle 4 EA $2,000.00 $8,000.00 59 Metal Trash Receptacle 12 EA $1,100.00 $13,200.00 60 Ash Receptacle 4 EA $1,000.00 $4,000.00 61 Bicycle Rack 3 EA $1,800.00 $5,400.00 62 Sidewalk & Pavement Sealant 18,435 SF $2.10 $38,713.50 63 Signing and Striping 1 EA $8,500.00 $8,500.00 64 Odor Control Pie 130 LF $80.00 $10,400.00 65 Vacuum Supply Line 75 LF $90.00 $6,750.00 66 OdorControiNacuum Supply Joint Trench 105 LF $45.00 $4,725.00 67 Connection to Existing Odor Mitigation Pipes 1 EA $1,700.001 $1,700.00 68 Blower Motor Starter and Enclosure 1 EA $65,000.00 $65,000.00 69 Flagpole and Foundation 1 EA $21,DDO.Oo $21,000.00 70 Project Surveying 1 EA $24,000.00 $24,000.00 1,466,390.80 0 0 `J Wy of Newport Beac% NO. BA- 06BA -048 BUDGET AMENDMENT 2005 -06 AMOUNT: $7ao,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND �X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues HX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Balboa Village Phase III project. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3776 General Fund - Reserve for CIP REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Description Description 7011 General Fund - Facilities C5200791 Balboa Village Phase III Financial Approval: Lo Services Director Manager Amount Debit Credit $740,000.00 " $740,000.00 Date Da Signed: City Council Approval: City Clerk Date •