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HomeMy WebLinkAboutC-7055-1 - On-Call M/RSA for As-Needed Concrete Coring ServicesCCv n (— ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH CONCRETE CORING COMPANY INC. FOR ,J AS -NEEDED CONCRETE CORING SERVICES THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement') is made and entered into as of this 3rd day of February, 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and CONCRETE CORING COMPANY INC., a California corporation ("Contractor"), whose address is 14005 Orange Avenue, Paramount, California 90723, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform on-call maintenance and/or repair services for City ("Project'). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on January 31, 2017, unless terminated earlier as set forth herein. SERVICES TO BE PERFORMED 2.1 Contractor shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal'). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 2.1.3 The estimated number of hours and cost to complete the Services; and 2.1.4 The time needed to finish the specific project. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Twenty Five Thousand Dollars and 001100 ($25,000.00), without prior written amendment to the Agreement. Concrete Coring Company Inc. Page 2 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the Letter Proposal. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Dennis Richens to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Municipal Operations Department. City's Field Maintenance Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all Concrete Coring Company Inc. Page 3 existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 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 Contractor. Concrete Coring Company Inc. Page 4 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement 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. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Concrete Coring Company Inc. Page 5 Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et 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 Agreement. 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. The Contractor is required Concrete Coring Company Inc. Page 6 to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint - venture. 17. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 18. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. Concrete Coring Company Inc. Page 7 20. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 21. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project 23. CONFLICTS OF INTEREST 23.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 23.2 If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 24. NOTICES 24.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third Concrete Coring Company Inc. Page 8 business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 24.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Field Maintenance Manager Municipal Operations Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 24.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Dennis Richens Concrete Coring Company Inc. 14005 Orange Ave Paramount CA 90723 25. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26. TERMINATION 26.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Concrete Coring Company Inc. Page 9 26.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 27. LABOR 27.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSK) (29 USCA § 201, et seq.). 27.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 27.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 28. STANDARD PROVISIONS 28.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 28.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. Concrete Coring Company Inc. Page 10 28.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 28.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 28.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 28.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Concrete Coring Company Inc. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3L//0116 By:- 4r Aaron C. Harp VMv4L1m-1 City Attorney ATTEST: Date:_ 8, K. Ib By:aa,4� X, )30_r� Y Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Z. _-7 C- s I Cv Mik Pisani Municipal Operations Director — General Services CONTRACTOR: Concrete Coring Company Inc., a California corporation Date: By: Dennis Richens President Date: PO�,A 0 B Ari ne Richens Air 41 F0 [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Concrete Coring Company Inc. Page 12 EXHIBIT A SCOPE OF SERVICES • DESCRIPTION OF SERVICES o Furnish all labor, equipment and supervision to provide as -needed concrete and asphalt saw cutting services. o Services shall include, but not be limited to: ■ Saw cut concrete and asphalt infrastructures, such as sidewalks, curb/gutter, alleys and streets; ■ Core drill through walls and curbs; and • Layout/marking of work to be performed. • UNDERGROUND EXCAVATION o The Contractor shall be responsible for locating all underground utility lines to insure the safety of his/her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the Project Administrator and Underground Service Alert (www.di,galert.org) (1-800-227-2600) forty-eight (48) hours before commencing any excavation, to locate underground service lines. Concrete Coring Company Inc. Page A-1 EXHIBIT B SCHEDULE OF BILLING RATES Concrete Coring Company Inc. Page B-1 CORE DRILLING Diameter Per Foot Diameter Per Foot Diameter Per Foot 1"- 1 1/2" $ 37.00 8" $ 94.00 26" $1,200.00 2" $ 40.00 9" $ 103.00 28" $1,444.00 21/2" $ 44.00 10" $ 111.00 30" $1,733.00 3" $ 46.00 12" $ 165.00 32" $2,079.00 31/2" $ 52.00 14" $ 280.00 36" $2,495.00 4" $ 57.00 16" $ 336.00 40" $2,994.00 41/2" 1 $ 65.00 18" $ 515.00 44 $3,593.00 5" $ 70.00 20" $ 779.00 48" $4,312.00 6" $ 79.00 22" $ 924.00 7" 86.00 1 1 24" 1 4i 1,00 . Unit price per foot, per hole, including reinforcing to 5/8" SPECIAL CONDITIONS: Show -up $ 175.00 Minimum Jobs/1st 3 hrs. $280.00/1st hr+ hrly rate there after Minimum Overtime Job $ 495.00 Minimum Job, Sundays & Hoildays $ 540.00 Minimum Refinery Job $ 350.00 Overtime Work (Except Holidays) Add $30.00/hr Sundays and Holidays Add $50.00/hr Stand-by Time $125.00/hr Slurry Disposal: Minimum 20 gal. barrel $ 125.00 MIN. Per Barrel 55 gal. barrel $ 25.00 EA. ADD. Deeper Drilling: 12 1/2" to 18" @ 1 1/2 times list price per foot 18 1/2" to 24" @ 2 times list price per foot 24 1/2" to 36" @ 3 times list price per foot Holes over 36" in depth, by bid only. Angle Drilling : 1 1/2 times list price per foot Inverted Drilling : 3 times list price per foot Reinforcing over 5/8" : 1 1/2 times list price per foot Prices on the following are per bid only: Roto Hammer and Dry Drilling Work over 10' high Work 5' or more below grade Work off scaffold Robertson Decking Multi -story buildings Static Converter, Pacometer, counter -sink Holes Note: Any Jobs billed hourly will have a mobilization charge: $140.00/REG. $170.00 O/T OCT. 09 GAS SLAB SAWING NON -REINFORCED CONCRETE SLAB SAWING »****** Price per lineal foot at depth of: I»**»*** Linear foot 1" 10" 2" 11" 3" 12" 4" 13" 5" 14" 6" 15" 7" 16" 1 8" 17" 9" Minimum $ 280.00 $ 280.00 $ 280.00 $ 280.00 $ 280.00 $ 280.00 $ 280.00 $ 280.00 $ 2W-00- 0-49 $ 0.56 $ 1.12 $ 1.50 $ 1.80 $ 2.55 $ 3.22 $ 3.88 $ 4.55 $ 5.21 50.99 $ 0.50 $ 1.00 $ 1.35 $ 1.74 $ 2.35 $ 2.97 $ 3.58 $ 4.19 $ 4.80 100-299 $ 0.44 $ 0.66 $ 1.25 $ 1.64 $ 2.18 $ 2.72 $ 3.25 $ 3.79 $ 4.33 300-499 $ 0.39 $ 0.78 $ 1.17 $ 1.56 $ 2.05 $ 2.54 $ 3.02 $ 3.51 $ 4.00 500-999 $ 0.35 $ 0.74 $ 1.13 $ 1.52 $ 1.96 $ 2.41 $ 2.83 $ 3.27 $ 3.71 1000.1500 $ 0.32 $ 0.71 $ 1.10 $ 1.49 $ 1.89 $ 2.29 $ 2.69 $ 3.09 $ 3.49 .Quantity $ 29.00 $ 0.68 $ 1.07 $ 1.46 $ 1.82 $ 2.19 $ 2.55 $ 2.91 $ 3.27 Linear foot 10" 10" 11" 11" 12" 12" 13" 13" 14" 14" 15" 15" 16" 16" 1 17" 17" 189BID Minimum $ 300.00 $ 300.00 $ 300.00 $ 375.00 $ 375.00 $ 375.00 $ 375.00 $ 375.00 0-49 $ 5.76 $ 6.40 $ 7.11 $ 7.90 $ 8.78 $ 9.75 $ 10.84 $ 12.04 50-99 $ 5.35 $ 5.94 $ 6.60 $ 7.34 $ 8.15 $ 9.06 $ 10.07 $ 11.19 100.299 $ 4.88 $ 5.26 $ 5.84 $ 6.49 $ 7.21 $ 8.02 $ 8.91 $ 9.90 300-499 $ 4.55 $ 4.90 $ 5.45 $ 6.05 $ 6.72 $ 7.47 $ 8.30 $ 9.22 $ 500-999 $ 4.26 $ 4.73 $ 5.26 $ 5.84 $ 6.49 $ 7.21 $ 8.02 $ 8.76 1.89 1000-1500 $ 4.04 $ 4.49 $ 4.99 $ 5.54 $ 6.16 $ 6.84 $ 7.60 $ 8.45 Quantity $ 3.82 $ 4.24 $ 4.72 $ 5.24 $ 5.82 $ 6.47 $ 7.19 $ 7.99 BID Unit Price Per Lineal Foot Includes Wire Mesh reinforcement ASPHALT SLAB SAWING Price per lineal foot at depth Linear foot 1" 10" 2" 11" 3" 12" 4" 13" 5" 14" 6" 15" 7" 16" 1 18., 17" 9" Minimum Minimum $ 280.00 $ 280.00 $ 280.00 $ 280.00 $ 280.00 $ 280.00 $ 280.00 $ 280.00 $ 280.00 0-49 $ 0.45 $ 0.90 $ 1.35 $ 1.60 $ 2.00 $ 3.00 $ 3.39 $ 4.03 $ 4.67 50.99 $ 0.39 $ 0.80 $ 1.20 $ 1.55 $ 1.88 $ 2A4 $ 3.01 $ 3.57 $ 4.13 100.299 $ 0.35 $ 0.71 $ 1.06 $ 1.42 $ 1.77 $ 2.23 $ 2.70 $ 3.16 $ 3.62 300.499 $ 0.32 $ 0.64 $ 0.96 $ 1.28 $ 1.68 $ 2.08 $ 2.48 $ 2.88 $ 3.28 500.999 $ 0.29 $ 0.58 $ 0.87 $ 1.16 $ 1.52 $ 1.89 $ 2.25 $ 2.61 $ 2.97 1000.1500 $ 0.27 $ 0.54 $ 0.81$ 5.21 1.08 $ 1.42 $ 1.76 $ 2.09 $ 2.43 $ 2.77 Quantit $ 0.25 $ 0.50 $ 0.75 $ 1.00 1 $ 1.31 $ 1.63 $ 1.94 $ 2.25 $ 2.56 Linear foot 10" met or exceeded 11" 12" $ 175.00 13" Minimum Overtime Job 14" 1 15" Overtime Work (Except Holidays) 16" 1 Sundays & Hoildays 17" 18"-24" Minimum $ 300.00 $ 300.00 $ 300.00 $ 375.00 $ 375.00 $ 375.00 $ 375.00 $ 375.00 BID 25.49 $ 5.18 $ 5.76 $ 6.40 $ 7.11 $ 7.90 $ 8.77 $ 9.75 $ 10.83 BID 50-99 $ 4.58 $ 5.09 $ 5.65 $ 6.28 $ 6.98 $ 7.76 $ 8.62 $ 9.58 BID 100-299 $ 4.02 $ 4.47 $ 4.97 $ 5.52 $ 6.13 $ 6.81 $ 7.57 $ 8.41 BID 300-499 $ 3.64 $ 4.05 $ 4.50 $ 5.00 $ 5.55 $ 6.17 $ 6.86 $ 7.62 BID 500-999 $ 3.30 $ 3.67 $ 4.07 $ 4.53 $ 5.03 $ 5.59 $ 6.21 $ 6.90 BID 1000.1500 $ 3.08 $ 3.42 $ 3.80 $ 4.22 $ 4.69 $ 5.21 $ 5.79 $ 6.43 BID Quantity $ 2.85 $ 3.17 $ 3.52 $ 3.91 $ 4.34 $ 4.83 $ 5.36 $ 5.96 BID Actual measured footage includes overcuts NOTE: Unit prices apply only when the minimum price has been met or exceeded under ano0ier item. SPECIAL CONDITIONS: Show - up $ 175.00 Minimum Job/1- 3hrs. $280.001 1st hr., hrly rate there after Minimum Overtime Job $ 495.00 Minimum Job Sundays & Holidays $ 540.00 Overtime Work (Except Holidays) $30.00 Per Hour Sundays & Hoildays $50.00 Per Hour Stand-by Time $125.00 Per Hour Slurry Disposal / Barrel: MIN. $125.001$26.00 EA. ADDITIONAL Minimum Refinery Job $ 350.00 1/4" Wide Sawing: 1 1/2 times List Price 3/8" Wide Sawing : 2 times List Price Curb Cuts $15.00 Each Curb and Gutter Cuts $20.00 Each Reinforced Concrete : Price per bid only Note: Any Jobs billed hourly will have a mobilization charge: $140.00 Reg. $170.00 O/T OCT. 09 RADAR SCANNING $450 minimum charge (includes travel fee)..... $150 per hour (2 hr. min.) ELECTRIC WALL SAWING 4/IN.FT. Price Per Linear Foot At Denth Of Material Cut 4" 5" 6" 4" 7" 6" 8" 10" 12" Minimum Job 14" 16" 18" $ 385.00 19" - 30" Minimum Job $ 450.00 $ 450.00 $ 450.00 $ 450.00 $ 450.00 $ 450.00 $ 450.00 $ 450.00 $ 500.00 $ 550.00 BID Brick or Block $13.00 $ 22.00 $ 14.00 $ 16.00 $ 17.00 $ 20.00 $ 22.00 $ 24.00 $ 32.00 $ 35.00 $ 39.00 BID Concrete to 518" reinf. $ 14.00 $ 15.00 $ 18.00 $ 19.00 $ 21.00 $ 28.00 $ 30.00 1 $ 40.00 $ 46.00 $ 62.00 BID Concrete to 718" reinf. $ 15.00 1 $ 17.00 $ 20.00 1 $ 22.00 $ 24.00 $ 30.00 $ 34.00 1 $ 46.00 $ 51.00 $ 70.00 BID Heavily Reinf, Concrete I I Bid Per Job Onl jActual measured footage incudes overcuts I NOTE: Unit prices apply only when the minimum price has been met or exceeded under another item. ELECTRIC HAND SAWING Price Per Linear Foot At Depth Of: Material Cut 1" 2" 3" 4" Ir 6" 7" 8" Minimum Job $ 385.00 $ 385.00 $ 385.00 $ 385.00 $ 385.00 $ 385.00 $ 385.00 $ 385.00 Brick or Block $ 6.00 $ 7.00 $ 8.00 $ 12.00 $ 14.00 $ 17.00 $ 18.00 $ 22.00 Concrete to 5/8" reinf. $ 7.00 $ 8.00 $ 10.00 $ 14.00 $ 15.00 $ 20.00 $ 22.00 $ 24.00 Concrete to 718" reinf. $ 8.00 $ 11.00 $ 13.00 $ 17.00 $ 18.00 $ 22.00 $ 24.00 $ 26.00 Heavily Reinf. Concrete IBid Per Job Onl ) Actual measured footage includes overcuts NOTE: Unit prices apply only when the minimum price has been met or exceeded under another item. Special Conditions Show up Minimum Job Minimum Overtime Job Minimum Job Sundays & Holidays Overtime Work (Except Sundays & Holidays) Sundays & Holidays Stand-by Time Minimum Refinery Job Core Drill Comers Hand Saw Corners Chain Saw Corners Flush Cutting Lowering of Openings Slurry Disposal: Minimum Per Barrel Prices on the following are per bid only: Angle and Overhead Sawing Work over 10' high Work in multi story buildings $ 175.00 Price Per Schedule $ 585.00 $ 630.00 $30.00 Per Hour $50.00 Per Hour $155.00/hr $585.00 Per Core Drill List Prices NIC Minimum $200.00 2 Times List Price Per Foot Not Included in List Prices $ 125.00 $ 25.00 EA. ADDITIONAL Note: Any Jobs billed hourly will have a mobilization charge: $140.00 Reg. OCT. 09 $170.00 O/T ELECTRIC SLAB SAWING Price per Iinnear foot at depth of: Linear foo 1" 2" 4" 5" 6" 7" 8.. 9" 10" - 12" 0-24 $ 300.00 $ 300.00 $385.00 $385.00 $385.00 $385.00 $385.00 $400.00 $475.00 25-49 $ 2.05 $ 315 $ 4.30 $ 4.30 $ 5.15 $ 5.60 $ 6.05 $ 6.50 BID 50-99 $ 1.75 $ 2.75 $ 3.75 $ 4.15 $ 4.50 $ 4.90 $ 5.30 $ 5.65 BID 100-299 $ 1.55 $ 2.40 K385.00 $ 3.65 $ 4.00 $ 4.40 $ 4.80 $ 5.15 $ 5.55 BID 300-499 $ 1.20 $ 1.75 $ 2.85 $ 3.35 $ 3.70 $ 4.10 $ 4.50 $ 4.85 BID 500-999 $ 1.05 $ 1.60 $ 2.80 $ 3.20 $ 3.60 $ 3.95 $ 435 $ 4.75 BID Quantit $ 0.90 $ 1.45 $ 2.65 $ 3.00 $ 3.40 $ 3.80 $ 4.20 $ 4.55 BID NOTE: Unit Price Per Foot includes Wire mesn Kemrorcing I Unit prices apply ony when the minimum price has been met or exceeded under another item. Special Conditions Show -up Minimum Job Minimum Overtime Job Minimum Job Sundays & Holidays Overtime Work (Except Holidays) Sundays & Holidays Stand-by Time Slurry Removal / barrel MINIMUM EACH ADDITIONAL GREEN CONCRETE SLAB SAWING & GAS LOOP SAWING WILL BE DONE BY THE HOUR, AT $140.00 / hr. ELECTRIC LOOP SAWING TO BE DONE AT $155.00 / hr. $ 175.00 Price Per Schedule $ 540.00 $ 585.00 $30.00 Per Hour $50.00 Per Hour $145.00 Per Hour $ 125.00 $ 25.00 EA. OCT. 09 Note: Any Jobs that are billed hourly will have a mobilization charge: V $140.00 REG. $170.00 Off BREAK AND REMOVE 2015 By 1 Man Compressor Crew 1 cy Flatbed & Compressor $135.00/h 2 Man Compressor Crew $230.00/h Dump Fees Extra Rock Drill $135.00/h 3 hr Minimum 1 Man Compressor Crew $ 405.00 Overtime minimum $ 495.00 Sunda & Holidays minimum $ 585.00 /Hour !SM $ 135.00 By Bobcat Bobcat with Loader Bucket $150.00/h Bobcat with Breaker $195.00/h Bobcat with Backhoe $160.00/hr Bobcat with Auger $150.00/h Dump Truck $110.00/hr 4 hr Minimum Dump Fees Extra Travel to job, and to Dump Extra Overtime Sundays/Holidays $32/hr $50/hr Note: Any Jobs billed hour) will have a mobilization char e: $180 Reg, $300 Orr HOURLY EQUIPMENT RATES EFFECTIVE OCT. 09 CONCRETE GAS FLAT SAWS 0 TO 8 INCH >8 TO 12 INCH > 12 TO 24 INCH 16 HORSE POWER $ 140.00 DNA DNA 35 HORSE POWER $ 140.00 $ 145.00 DNA 65 HORSE POWER $ 160.00 $ 185.00 BID STEEL CUTTING EXTRA BID I I BID I I BID MEDIUM HARD AGGREGATE ONLY ASPHALT GAS FLAT SAWS 0 TO 8 INCH 1 8 TO 12 INCH 12 TO 241 16 HORSE POWER $ 140.00 DNA DNA 35 HORSE POWER $ 140.00 1 $ 140.00 DNA 65 HORSE POWER $ 150.00 1 1 $ 165.00 1 1 BID CONCRETE ELECTRIC FLATSAW 0 TO 5 INCH 5 TO 8 INCH 8 TO 12 INCH 16 HORSE POWER $ 155.00 $ 165.00 BID 25 HORSE POWER $ 165.00 $ 175.001 BID HEAVY STEEL EXTRA BID I BID I I BID MASTER PLATE EXTRA BID I I BID I I BID CONCRETE ELECTRIC WALLSAW 0 TO 15 INCH 115 TO 21 INCHI 1 21 TO 24 INCH 25 HORSE POWER $ 170.00 1 $ 195.001 1 BID CONCRETE ELECTRIC HANDSAW 0 TO 5 INCH >5 TO 8 INCH N/A 110 VOLT SAW $ 140.00 DNA N/A 14 INCH HIGH CYCLE $ 155.00 DNA N/A 20 INCH HIGH CYCLE I DNA $ 165.00 N/A GAS HANDSAW 1 $ 140.00 DNA I N/A $ 140.00 MOBILIZATION CHARGE FOR SOUTHERN CALIFORNIA BASIN / HR. / DAY ALL PRICES ARE SUBJECT TO FUEL SURCHARGE IF NECESSARY EQUIPMENT RATES CONTINUED... OCT. 09 CORE DRILLING DIA. 0" - 12" 12" - 24" 24" - 48" 110 VOLT $ 140.00 DNA DNA HIGH CYCLE 7 HP $ 140.00 $ 160.00 DNA HYDRAULIC 20 HP $ 155.00 $ 165.00 $ 200.00 CONTINUOS TUBE $ 170.00 DNA DNA HEAVY STEEL PRICED HIGHER # 6 BAR OR MULTIPLE BARS PER HOLE 4 HOUR MINIMUM FOR> 24 TO 48 INCH $ 135.00 $ 135.00 GROOVING CONC. ASPHALT HIGH CYCLE ELECTRIC $ 155.00 $ 155.00 STEP GROOVER $ 145.00 $ 145.00 3 HOUR MINIMUM $ 140.00 $ 140.00 GRINDING CONCRETE ASPHALT GAS GRINDER $ 140.00 $ 140.00 ELECTRIC GRINDER $ 145.00 DNA GAS SCARIFIER $ 140.00 $ 140.00 ELECTRIC SCARIFIER $ 145.00 DNA 3 HOUR MINIMUM $ 135.00 $ 135.00 BREAK AND REMOVE CONCRETE ASPHALT HAND BREAK $ 125.00 $ 125.00 ROCK DRILL $ 125.00 $ 125.00 BOBCAT BREAKER $ 160.00 $ 160.00 BOBCAT BACKHOE $ 135.00 $ 135.00 BOBCAT AUGER $ 135.00 $ 135.00 DUMP TRUCK $ 100.00 $ 100.00 3 HOUR MINIMUM ON HAND BREAKING 4 HOUR MINIMUM ON BOBCAT Dump Fees = $150.00 $140.00 MOBILIZATION CHARGE FOR SOUTHERN CALIFORNIA BASIN / HR / DAY ALL PRICES ARE SUBJECT TO FUEL SURCHARGE IF NECESSARY EXHIBIT C INSURANCE REQUIREMENTS — MAINTENANCE/REPAIRIJANITORIAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Concrete Coring Company Inc. Page C-1 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial Concrete Coring Company Inc. Page C-2 additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of speck coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance If Contractor or any sub - consultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. Concrete Coring Company Inc. Page C-3 H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Concrete Coring Company Inc. Page C-4 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 2/24/16 Dept./Contact Received From: Joan Date Completed: 3/1/16 Sent to: Joan By: Chris/Alicia Company/Person required to have certificate: Concrete Coring Co. Inc. Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 1/28/16-1/28/17 A. INSURANCE COMPANY: Wesco Insurance Company B. AM BEST RATING (A-: VII or greater): A: XIII C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? 1,000,000/2,000,000 E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H. NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No J. 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 ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 1/28/16-1/28/17 A. INSURANCE COMPANY: Wesco Insurance Company B. AM BEST RATING (A-: VII or greater) A: XIII C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - If Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H. NOTICE OF CANCELLATION: ❑ N/A 0 Yes 0 No III. WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 1/28/16-1/28/17 A. INSURANCE COMPANY: Security National Insurance Co. B. AM BEST RATING (A-: VII or greater): A: XIII C. ADMITTED Company (Must be California Admitted): ® Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ® Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: 3/1/16 Agent of Alliant Insurance Services Date Broker of record for the City of Newport Beach ® N/A ❑ Yes ❑ No ® NIA ❑ Yes ❑ No ® N/A ❑ Yes ❑ No ® Yes ❑ No RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than ; Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. CONCR-H OP ID: DUST ��'� CERTIFICATE OF LIABILITY INSURANCE D TE(MM) s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: N the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Crosby Insurance, Inc 8181 E. Kaiser Blvd CONTACT NAME: PHONE Arc No Ext: 714-2215200 Fax No): 714-2215210 ADDRESS: Anaheim Hills, CA 92808 Christopher Hopper INSURER(S) AFFORDING COVERAGE NA1C 3 INSURERA: Wesco Insurance Company 25011 INSURED Concrete Coring Company INSURERS:Travelers Property Casualty 25674 14005 Orange Avenue Paramount, CA 90723 NsuRERe:Securi National Insurance Co 19879 CLAIMS -MADE O OCCUR INSURER D; INSURER E : WPP1082396 03 INSURER F : 012972017 COVERAGES CERTIFICATE NUMBER- REVISION NUMBER: 001 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TWE OF INSOLICY URANCE 100 Civic Center Dr. POLICY NUMBER MID EXP MID LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS -MADE O OCCUR X X WPP1082396 03 012872016 012972017 PREMISES Es occurrence $ 100,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,OO POLICY FX] JPEa E] LOC PRODUCTS -COMIAGG $ 2,000,00 $ OTHER. AUTOMOBILE LIABILITY C0MBIN SINGLE LIMIT $ 1,000,00 Ea a atlenq BODILY INJURY (Per person) $ A X ANY AUTO X X WPPI08239603 01282016 0128/2017 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NONFOYMED X HIRED.AUTOS X AUTOS PROPER ANAGE $ Per accident $ x UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 B EXCESS LAS CI -AIMS -MADE UP45NO3414-16-NF 01282016 01282017 DED I X I RETENTION $ 10,000 Is C WORKERS COMPENSATIONPER AND EMPLOYERS'LIABILITY CUnVE Y� ANY OFFICERMIEMBERPARTN DED (Mandatory In NH) N/A X SWC1100916 01292016 01282017 X STATUTE ERTM E.L. EACHACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 EL. DISEASE -POLICY LIMIT $ 1,000,00 If as, descnbe under DESCRIPTION OF OPERATIONS below A Leased and Rented PP7082396 03 012872016 01282017 Limit 100,00 Equipment Ded. 1,00 DESCRIPTION OF OPERATIONS f LOCATIONS VEHICLES (ACORD 101, Additional Remarks schedule, may be attached Ifmom span Is mqulmd) `TEN DAYS NOTICE OF CANCELLATION WILL BE GIVEN FOR NON-PAYMENT OF PREMIUM. RE: Operations performed by the named insured under written contract - The City Newport Beach, its Of officers, officials employees and agentsare named as additional insured where requirer� under written contract. (PR) CERTIFICATE HOLDER CANCELLATION NEWPORI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Of Newport Beach City P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 100 Civic Center Dr. Newport Beach, CA 92660 AUTHORIZED REPRESENTATIVE e 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Policy Number: WPP1082396 03 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsemant modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered 929rations Any person or organization with whom or with which All locations at which you are performing operations you have agreed in writing in a contract or for any person or organization with whom or with agreement that such person(s) or organizations) which you have agreed in writing in a contract or shall be included as an additional insured on your agreement that such person(s) or organization(s) policy; however, this insurance will not apply to any shall be included as an additional insured on your claim, loss or liability which Is determined to be solely twlicy, the result of the additional insured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above, will to shown in the Declarations. A. Section II — Who Is An Insured is amended to Include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the fallowing additional exclusions apply: This insurance does not apply to "bodily injury" or 'property damage" occurring after; 1. All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Irheurmwe- If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever Is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 0 Insurance Services Office; Inc., 2012 CG 2010 0413 Policy Number: WPP1082396 03 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person($) Or Organization(s) Location And Description Of Completed Operations Any person or organization with whom or with which All locations at which you have completed work for you have agreed in writing in a contract or agreement any person or organization with whom or with which that such person(s) or organization(s) shall be included you have agreed in writing in a contract or agreement as an additional insured on your policy; however, this that such person(s) or organization(s) shall be insurance does not apply to any claim, loss or liability included as an additional insured on your policy, which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who is An Insured is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III —Limits Of Insurance: It coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: WPP1082396 03 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract. will be shown in The following is added to Paragraph 8, Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 0 Policy Number: VVPP1082396 03 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The fallowing is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing In a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 0104 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: WPP1082396 03 COMMERCIAL AUTO CA99018710 13 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed Organizations, Employee Hired Car Liability and Blanket Additional Named Insured Status for Certain Entities. Item 1. Who Is an Insured of Paragraph A. Coverage under SECTION 11- COVERED AUTOS LIABILITY COVERAGE Is amended to add: d. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability com-any, and over which you maintain ownership of a majority interest (greater than 50%), will qualify as a Named Insured; however, (1) coverage under this provision is afforded only until the 1800' day after you acquire or form the organization or the end of the policy period, whichever is earlier, (2) coverage does not apply to "bodily injury", "property damage" or "covered pollution cost or expense" that results from an "accident" which occurred before you acquired or formed the organization; and (3) coverage does not apply If there is other similar Insurance available to that organization, or if similar insurance would have been available but for its termination or the exhaustion of its limits of insurance. This insurance does not apply if coverage for the newly acquired or formed organization is excluded either by the provisions of this coverage form or by endorsement. under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. f. Any person or organization you are required by written contract or agreement to name as an additional "Insured', but only with respects to liability created in whole or in part by such agreement. B. Increase Of Loss Earnings Payment Subpart (4) of a. Supplementary Payments of Item 2. Coverage Extensions of Paragraph A. Coverage under SECTION 11 - COVERED AUTOS LIABILITY COVERAGE is amended to read: (4) We will pay reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $1,000 per day because of time off from work. C. Fellow Employee Injured By Covered Auto You Own Or Hire Item 5. Follow Employee of Paragraph B. Exclusions under SECTION II —COVERED AUTOS LIABILITY COVERAGE is amended to add: This exclusion does not apply 9the "bodily injury" results from the use of a covered "auto" you own or hire. Such coverage as Is afforded by this provision is excess over any other collectible insurance. D. Limited Automatic Towing Coverage item 2. Towing, of Paragraph A. Coverage, under SECTION III - PHYSICAL DAMAGE COVERAGE is amended to read: e. An "employee" of yours Is an "insured" 2. Towing while operating an "auto" hired or rented Page 1 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA9901971013 Used with permission We will pay for towing and labor costs each time that a covered "auto" is disabled. All labor must be performed at the place of disablement of the covered "auto". a. The limit for "autos' other than private passenger types Is $250; b. The limit for "autos" of the private passenger type is as shown in the Declarations; c. No deductible applies to this cover- age. E. Item 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects or Missiles of Paragraph A. Coverage under SECTION Ili — PHYSICAL DAMAGE COVERAGE, is amended to add: Glass Repair Coverage We will waive the Comprehensive deductible for Glass, if one is indicated on your covered 'auto", for glass repairs. We will repair at no cost to you, any glass that can be repaired without replacement, provided the 'loss" arises from a covered Comprehensive "loss" to your "auto". F. Increase Of Transportation Expense Coverage Subpart a. Transportation Expenses of Item 4. Coverage Extensions of Paragraph A. Coverage under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to read: a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". G. "Personal Effects" Coverage Item 4. Coverage Extensions of Paragraph A. Coverage, under SECTION III - PHYSICAL DAMAGE COVERAGE, Is amended to add: We will pay actual cash value far "loss" to "personal effects" of the "insured" while in a covered "auto" subject to a maximum limit of $2,500 per"loss", for thatcovered "auto" caused by the same 'accident'. No deductible will apply to this coverage. H. "Downtime Loss" and Rental Reimbursement Coverage Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION III, PHYSICAL DAMAGE COVERAGE, Is amended to add: "Downtime Loss" and Rental Reimbursement Coverage We will pay any resulting 'downtime loss" and rental reimbursement expenses you sustain as a result of a covered physical damage "loss" to a covered "auto" up to a combined maximum of $100 per day, for a maximum of 30 days for the same physical damage "loss", subject to the following conditions: a. We will provide "downtime loss" and rental reimbursement beginning on the 80 day after: (1) We have given you our agreement to pay for repairs to a covered "auto" and you have given the repair facility your authorization to make repairs; or (2) Coverage for "downtime loss" and rental reimbursement expenses will end when any of the following occur: (a) You have a spare or reserve 'auto" available to you to continue our operations. (b) You purchase a replacement "auto". (c) Repairs to your covered "auto" have been completed by the repair facility and they determine the covered "auto" Is road -worthy. (d) You reach the 30 day maximum coverage. I. "Personal Effects" Exclusion Paragraph B. Exclusions under SECTION 111— PHYSICAL DAMAGE COVERAGE, Is amended to add; "Personas Effects" Exclusion "Personal Effects" Coverage We will not pay for "loss' to "personal effects" of any of the following: Page 2 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA900187 1013 Used with permission a. Accounts, bills, currency, deeds, evidence of debt, money, notes, Securities or commercial paper or other documents of value. b. Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry; watches; precious or semi-precious stones. c. Paintings, statuary and other works of art. d. Contraband or property in the course of Illegal transportation or trade. a. 'Loss" caused by theft, unless there Is evidence of forced entry into the covered 'auto" and a police report is filed. J. Accidental Airbag Discharge Coverage hem 3.e. of Paragraph B. Exclusions under SECTION 111— PHYSICAL DAMAGE COVERAGE is emended to read: a. Wear and tear, freezing, mechanical or electrical breakdown. The exclusion relating to mechanical break -down does not apply to the accidental discharge of an air bag. K. Loan or Lease Gap Coverage Paragraph C. Limit Of Insurance under SECTION Ig— PHYSICAL DAMAGE COVERAGE is amended to add: If a covered "auto" is owned or [eased and if we provide Physical Damage Coverage on it, we will pay, in the event of covered total `loss", any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount paid under the Physical Damage Coverage Section of the policy; and b. Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the "loss'; (2) Financial penalties imposed under a lease for excessive use. abnormal wear and tear or high mileage; (3) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by the lessor, and (5) Carry-over balances from previous loans or leases L. Aggregate Deductible Paragraph D. Deductible under SECTION 01— PHYSICAL DAMAGE COVERAGE is amended to add: Regardless of the number of covered `autos' involved In the same "loss', only one deductible will apply to that "loss". If the deductible amounts vary by "autos", then only the highest applicable deductible will apply to that 1m'. M. Diminishing Deductible Paragraph D. Deductible under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: Any deductible will be reduced by the percentage indicated below on the first "loss" reported during the corresponding policy period: Loss Free Policy Period* Nth the Expansion Endorsement Dedudhole Reduction on the nrst "loss" 1 096 2 25% 3 5D% 4 75% 5 100% If we pay a Physical Damage `loss" during the policy period under any BUSINESS AUTO COVERAGE FORM you have with us, your deductible stated in the Declaration's page of each such COVERAGE FORM will not be reduced on any subsequent claims during the remainder of your policy period and your deductible reduction will revert back to 0% for each such COVERAGE FORM If coverage is renewed. N. Knowledge of Loss and Notice To Us Subsection a. of Item 2. Duties In the Event of Accident, Claim, Suit or Loss of Paragraph A. Loss Conditions under SECTION IV — BUSINESS AUTO CONDITIONS is amended to add: However, prompt notice of the "accident", claim, "suit" or'loss" to us or our authorized representative only applies after the "accident", claim, "suit" or "loss' Is known to: Page 3 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA9901871013 Used with permission (1) You, if you are an Individual; (2) A partner, if you are a partner -ship; (3) An "executive officer" or director, If you are a corporation; (4) A manager or member, If you are a limited liability company; (5) Your insurance manager; or (6) Your legal representative. O. Waiver Of Subrogation For Auto Liability Losses Assumed Under Insured Contract Item 5. Transfer Of Rights Of Recovery Against Others To Us of Paragraph A. Loss Conditions under SECTION IV — BUSINESS AUTO CONDITIONS is amended to read: S. Transfer of Rights of Recovery Against Others To Us If any person or organization to or for whom we make payments under this Coverage From has rights to recover damages from another, those right are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after an "accident' or 'loss" to impair them. However, if the insured has waived those rights to recover through a written contract, we will waive any right to recovery we may have under this Coverage Form. P. Insurance Is Primary and Noncontributory Subpart a. of Item 5. Other Insurance of Paragraph S. General Conditions tinder SECTION IV—BUSINESS AUTO CONDITIONS is amended to read: a. This insurance is primary and noncontributory, as respects any other insurance. O. Other Insurance — Hired Auto Physical Damage Subpart b. of Item S..Other Insurance of Paragraph B. General Conditions under SECTION IV — BUSINESS AUTO CONDITIONS is amended to read: b. For Hired Auto Physical Damage Coverage, the following are doomed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contact in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". R. Unintentional Failure To Disclose Hazards Paragraph S. General Conditions under SECTION IV— BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. S. Additional Definition SECTION V—DEFINITIONS is amended to add: 'Tractor means a truck with a gross vehicle weight in excess of 45,000 pounds. 'Personal effects" means personal property owned by the "Insured". 'Downtime loss" means actual loss of 'business income' for the period of time that a covered "auto": 1. Is out of service for repair or replacement as a result of s covered physical damage "loss and 2. Is in the custody of a repair facility if not a total'loss". "Business Income" means: 1. Net income (Net profit of loss before income taxes that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headinas and Titlos are Inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains In offect. Page 4 of 4 Includes Copyrighted Material of Insurance Services Offices, Inc. CA990157to 13 Used with permission Policy Number: WPP1082396 03 COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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 modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Rate: SCHEDULE Name(s) Of Person(s) Or Organization(s): Blanket as required by written contract The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the persons) or organizations) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ao- cident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 0 Insurance Services Offlce, Inc., 2009 Page 1 of 1 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed 04-84) 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 2.00% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Any person or organization as required by written contract Notes: Job Description 1. This endorsement maybe used to waive the company's right of subrogation against named third parties who maybe responsible for an injury. 2. The sentence in( ) is optional with the company. It limits the endorsement to apply only to specific jobs of the insured, and only to the extent that the insured is required to obtain this waiver. 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 1/28/2016 Policy No. SWC1100916 Endorsement No. Insured Concrete Coring Company Insurance Company Security National Insurance Company Countersigned By