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O'Grady Paving, Inc. (6)
TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA CONTRACT 2020 PAVEMENT REHABILITATION AND DRAINAGE IMPROVEMENT PROJECT THIS AGREEMENT, made, executed, and entered into this 66 o day of \J 2020, by and between the Town of Los Altos Hills a General Law City, hereinafter referred to as the own, and O'Gro.4PFJ, 1r►c - hereinafter referred to as the Contractor. WITNESSETH ARTICLE 1. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Town, the Contractor agrees at its own cost and expense to do all the work and furnish all materials necessary to complete in a good workmanlike and substantial manner all that certain work involved and concerned with the 2020 PAVEMENT REHABILITATION AND DRAINAGE IMPROVEMENT PROJECT. Said work shall be done in manner and according to the terms of the Contract as the same is defined in Article 4 herein. ARTICLE 2. Said Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the Town and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of the work and for well and faithfully completing the work and the whole thereof, in the manner and according to the plans and specifications, to wit, according to Contractor's proposal to the City Council, entitled 'EXHIBIT "A," Proposal to the City Council' and attached hereto. ARTICLE 3. The Town hereby promises and agrees with the Contractor, to employ, and does employ, hereby, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE 4. The complete Contract consists of the following documents: Notice to Bidders, Proposal, Contract, Specifications and the Plans and/or Drawings. The rights and obligations of the parties herein are governed by all of said documents, which are to be construed as a single Contract. The decision of the Public Works Director of the Town of Los Altos Hills as to the interpretation of said Contract shall be final and binding on the parties hereto. ARTICLE 5. It is further expressly agreed by and between the parties hereto that the work shall be completed within THIRTY (30) working days from and after the commencement of said work. ARTICLE 6. It is expressly stipulated and agreed that all legal and statutory requirements relating to the execution of this Contract and the notice inviting bids have been met. Any alleged defect or omission in the proceedings preceding the execution of this Contract is hereby waived by the Contractor. ARTICLE 7. Every contractor will be required to secure the payment of workers compensation to his or her employees. Labor Code Section 1860. The contractor shall post the applicable prevailing wage rate on the project site. Labor Code Section 1771.4. The project is subject to prevailing wages. The Contract 2020 PAVEMENT REHABILITATION AND DRAINAGE IMPROVEMENT PROJECT applicable wage rates are available at www.dir.ca.gov and the agency also has access to the applicable prevailing wage rate at www.losaltoshills.ca.gov. IN WITNESS WHEREOF, the parties have executed this instrument the year and date first above written. I City Clerk, Town of Los 91tos CC By Titl TOWN OF LOS ALTOS HILLS A General Law City City Manager Contract 2020 PAVEMENT REHABILITATION AND DRAINAGE IMPROVEMENT PROJECT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Santa Clara ) On Friday, July 24, 2020 before me, Date Kathleen Anile Mitchell, Notary Public Here Insert Name and Title of the Officer personally appeared Craig E. Young Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. <, KATHLEEN ANIKKE MITCHELL Notary Public • California I Santa Clara County �--- `'`a�"M Commission# 2243896 Signature My Comm, Expires May 25, 2022 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02015 National Notary Association • www,NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CERTIFICATE OF LIABILITY INSURANCE DATE (MMI �---'" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT- If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Bolton & Company NAME: 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 911 Q7 PHONEFAX ( m�"Q,Xt), ... (6I6) T99 7a00....... (ac, Ne) (626) 5t3 211 . LIABILITY ADDRESS; ... ............... .................... ............... ................ ............. illi..,, ......... ... ............. ......... _..... ..., ............ ..........,. ✓ INSURERS) AFFORDING COVERAGE NAIC # www.boltonco.com 0008309 ........... INSURERA; Executive Risk Indemnity Inc. 35181 INSURED O'Gra�d_y Pavingg, Inc. INSURERS Federal Insurance Company 20281 INsuRER-C lJnrtecl Specla.l_k Insurance Cnm„an ANY AUTO 2513 Wyandafifie Street Y ....p Y ....._..... 1.2537 Mountain View CA 94043 INSURERD: ................. ............... ....... ......... $ INSURER E ; OWNED SCHEDULED AUTOS ONLY AUTOS INSURER F: lR[�lH'li 2fm�CI Ra. M`�.7CilIS1[MAV■®1I71,llICi'L'12 • t �7�171C5ir�liS�AlllfU +� . 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 0 -1 -HER DOCUMENT WITH RESPECT l"O 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 SUCFI POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR.... ......... ADpt SUER POLICY EFF POLICY EXP ........... LTR TYPE OF INSURANCE M/ POLICY NUMBER MDD/YYYY M(D MDIYYYY LIMITS A COMMERCIAL GENERAL LIABILITY 54310246 7/1/2020 7/1/2021 .. EACH✓._.., illi ✓ ✓ GA<OCCURRENCE $1.000,00.0,,,. tiFlMAUETOF2CNTCD illi . .... CLAIMS -MADE (..,✓....� OCCUR P„R„CMISCS..{E<p oc current©) .,... -' .............. .................. ...... ........... ...................... ... ......... MED EXP An one person $ 5 000 . (........Y l...........) .....r..... ............. illi. .......... ill i... .......... illi. ............... ........... ff.T ONAt & ADV INJURY $ 1..,000,000..,.... .. ..., ... illi. .illi ....... ,... GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 F PRO- POLICY ........... ... JECT illi LOC PRODUCTS - COMP/OP ACG $2,000x000 ................ ............... ............., illi... ............. ...............,. O'T'HER: $ B AUTOMOBILE LIABILITY ✓ ✓ 54310245 7/1/2020 7/1/2021 COMBINED SINGLE LIMIT ( ,erident). . Ti 1,000,000 ✓ ANY AUTO BODILY INJURY (Per person) ....... ......... $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident) $ HIRED NON -OWNED PROPERTY DAMAGE Pocid©l DA $ AUTOS ONLY AUTOS ONLY {nor , .......... ..... ... .......... .............. $ C UMBRELLA LIAB OCCUR BTN2016556, $5M 1st Layer 7/1/2020 7/1/2021 EACHOCCURI2ENCE.................. $5,000,00.0........ C EXCESS LIARBUN2010372, CLAIMS -MADE $5M x $5M 2nd 7/1/2020 7/1/2021 AGGREGATE $ S,OQO,a00 DED RE: rENTION $ _ $ B WORKERS COMPENSATION ✓ 543`10247 -7/l/2020 7/1 /2a21 OTH / AND EMPLOYE RS' Y YIN STATUTE ER illi. ........ illi illi. ANYPROPRIETOR/PARTNER/EXECUTIVE """”" E.I_ EAt H AC( .DEN $1 aa0,00 GPFIC;ER/MEMSEREXCLUDED9 N NtA .. illi. . illi. Mandator In Ni(Mandatory _._ IPyes, describe under L.I_ DISEASE I A EMP E $ fi.,Qoa,o��........ .......... DESCRIPTION OF OPERATIONS below W.I... DISEASE - POLICY LIMIT $1 000 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Re: OGP #20079, Project: 2020 Pavement Rehabilitation & Drainage Improvement Project. GI_ & Auto Additional Insureds apply per CG20100413, CG203704�13 & 160202921116 attached, only if required by written contra Wag room on t. GL & Auto Primary & Non -Contributory Wording apply per 100224610715 & 160203161014 attached. GL, Auto & WC Waivers of Subrogation apply per 100218000917, 16020292.1116 & WC990304708 attached. GL, Auto & WC Cancellation Clauses apply per IL00171198 & WC9906450611 attached. Additional Insured(s)The Town, its elected or appointed officials, employees, and volunteers. OGP #20079 Town of Los Altos Hills 26379 Fremont Rd. Los Altos Hills, CA 94022 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Chau Tran U IVkW-ZU1b AUQRU GURNURATION. All rights reserved, ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 5e'70BL38 10GRAPAV-Ca 1 20-21 WC, Auto, Gz„ Xs I Angea a'9.ineG,e 1 7/24/2020 2:99:2. I'M (DT) I Page 1 of: 16 AGENCY CUSTOMER ID: ' 0GRAPAV-C1 LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Balton Company O'GradyPaving, Inc. NAMED INSURED 2513 Wyandotte Street POLICY NUMBER Mountain View CA 94043 CARRIER MAIC CODE ... Executive Risk Indemnity Inc. 35181 k-rf-ECTIVE DATE: M%.,VrNu 1 u I k/-Vuolu 1) P 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 567081:38 1 OGRAPAV-Cl 1 2.0-21 WC, AM.o, GL, XS' I Angel JiMerielz 1 7/24/2020 2A9:22, PM (PDT) IVa�..Je 2 of :1.6 54310245 COMMERCIAL 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 This endorsement modifies the Business Auto CoverageFonn 1. EXTENDED CANCELLATION CONDITION Paragraph A.2.h.—CANCELLATION -ofthe COMMON POLICY CONDITIONS form |LO017ie deleted and replaced with the following: b. 8Odays before the effective date ofcancellation if wecancel for any other reason. 2. BROAD FORM INSURED A. Subsidiaries and Newly Acquired orFormed Organizations As Insureds The Named Insured shown inthe Declarations ia amended toinclude: 1. Any legally incorporated subsidiary inwhich you own more than G096ofthe voting stock on the effective date ofthe Coverage Form. However, the Named Insured does not include any subsidiary that ioan''inourad,under any other automobile policy orwould bomn "innuned''under such apolicy but for its termination nrthe exhaustion ofits 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 oracquired organization: (a)That inan^ineured"under any other automobile policy; (b)That has exhausted its Limit ofInsurance under any other policy; or (c)180days nrmore after its acquisition or formation byyou, unless you have given uowritten notice ufthe acquisition or formation. Coverage does not apply to"bodily injury" or "property damage" that results from on''ecoident' that occurred before you formed o,acquired the organization. B.Employees usInsureds Paragraph A.1. —VVHO IS AN INSURED —uf SECTION ||— LIABILITY COVERAGE iaamended to add the following: d. Any "emp|oyee^ofyours while using a covered "auto^you don't own, hire or borrow inyour business oryour personal affairs. C. Lessors esInsureds Paragraph A.1.—WHO |SANINSURED —of SECTION ||— LIABILITY COVERAGE io amended toadd the following: e. The lessor ofocovered "muto"while the "muto"ialeased toyou under awritten agreement if: (1) The agreement requires you bo provide direct primary insurance for the lessor; and (2) The "auto"ioleased without odriver. Such leased ^outo''will beconsidered a covered "autn^you own and not mcovered ^autn''you hire. However, the lessor ioen"inaured"only for "bodily injury" or"property damage" resulting from the acts oromissions by: 1. You; 2. Any ofyour "emcloyemn or agents; or 3. Any person, except the lessor or any ^emp|oyae"nragent ofthe lessor, operating on"euto^with the permission ofany of1.and/or 2. above. D. Persons And Organizations As Insureds Under AWritten Insured Contract Paragraph A.i —WHO |GAN INSURED —of SECTION ||— LIABILITY COVERAGE ia amended toadd the following: [ Any person ororganization with respect to the operation, maintenance nruse ofo covered '`auto'', provided that you and such person ororganization have agreed under onexpress provision inawritten "insured oontract",written agreement ora written permit issued toyou bya governmental orpublic authority toadd such person ororganization tothis policy asan''insunad''. However, such person ororganization ie an "insured" only: Form: 16-02-0292 (Rev. 11-16\ Page 0f3 "Includes copyrighted material of Insurance Services office, Inc. with its permission" 56nom.38 | oGRAPAV-Cl 1 20'21 wc. m"m. GL. oa | Angel Jimenez 1 1*4/2020 2A9:22 PM (PDT) | Page -1°� z(., (1) with respect to the operation, maintenance oruse cfecovered ''outo^; and (2) for caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) The permit has been issued to u. 3. FELLOW EMPLOYEE COVERAGE EXCLUSION B.G. - FELLOW EMPLOYEE —of SECTION ||— LIABILITY COVERAGE does not apply. 4. PHYSICAL DAMAGE — ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph &4.a. —TRANSPORTATION EXPENSES —of SECTION ||| —PHYSICAL DAMAGE COVERAGE iaamended tn provideolimit of$5Uper day for temporary transportation expense, subject tua maximum limit of$1'U00. 5. AUTO LOAN/LEASE GAP COVERAGE Paragraph A. 4.—COVERAGE EXTENSIONS - of SECTION III — PHYSICAL DAMAGE COVERAGE is amended tuadd the following: o.Unpaid Loan orLease Amounts In the event ofa total '1one^ to a covered "auho", we will pay any unpaid amount due onthe loan urlease for e covered "auto"minus: 1. The amount paid under the Physical Damage Coverage Section nfthe policy; and 2. Any: a. Overdue loan/lease payments e\the time of the "loss"; b. Financial penalties imposed under elease for excessive use, abnormal wear and tear or high mileage; o. Security deposits not returned bythe lessor: d. Costs for extended warranties, Credit Life Insurance, Health, Accident orDisability Insurance purchased with the loan nrlease; and e. Carry-over balances from previous loans or leases. VVewill pay for any unpaid amount due onthe loan or lease ifcaused by: 1. Other than Collision Coverage only ifthe Declarations indicate that Comprehensive Coverage ieprovided for any covered ''outo"; 2. Specified Causes ofLoss Coverage only ifthe Declarations indicate that Specified Causes of Loss Coverage ioprovided for any covered ''eubr"; or 3. Collision Coverage only ifthe Declarations indicate that Collision Coverage ioprovided for any covered "auto. G. RENTAL AGENCY EXPENSE Paragraph A.4.—COVERAGE EXTENSIONS —nf SECTION III — PHYSICAL DAMAGE COVERAGE |aamended toadd the following: d. Rental Expense VVewill pay the following that you or any nfyour "emp| " legally obligated topay because ofawritten contract ur agreement entered into for use of rental vehicle inthe conduct ofyour business: MAXIMUM VVEWILL PAY FOR ANY ONE CONTRACT ORAGREEMENT: 1. $2,500 for |Voa of income incurred by the rental agency during the period oftime that vehicle ioout ofuse because ofactual damage to, or"}oao''of, that vehicle, including income lost due toabsence nfthat vehicle for use osa replacement; 2. $2.500for decrease intrade-in value ofthe rental vehicle because ofactual damage to that vehicle arising out ofacovered ^|oae"; and 3. $2,5OOfor administrative expenses incurred bythe rental agency, aastated inthe contract or agreement. 4. $7,500maximum total amount for paragraphs 1.. 2. and 3. combined, 7. EXTRAEXPENSE—BRQADENED COVERAGE Paragraph A.4.—COVERAGE EXTENSIONS —of SECTION III — PHYSICAL DAMAGE COVERAGE iaamended toadd the following: e. Recovery Expense VVewill pay for the expense ofreturning a stolen covered "auto" to you. O. AIRBAG COVERAGE Paragraph 8.3.n. - EXCLUSIONS —ofSECTION III — PHYSICAL DAMAGE COVERAGE does not apply tothe accidental or unintended discharge of an airbag. Coverage is excess over any other collectible insurance nrwarranty specifically designed toprovide this coverage. 9. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT ~BROADENED COVERAGE Paragraph C.1.b.—LIMIT OFINSURANCE -of SECTION III - PHYSICAL DAMAGE iodeleted and replaced with the following: b. $2.0OOiothe most wewill pay for "|uau"|nany one "aoddont"toall electronic equipment that reproduces, receives ortransmits audio, visual or data signals which, atthe time of"|ooa"' is: (1) Permanently installed 1norupon the covered "auto"inahousing, opening or other location that is not normally used by the "auto" manufacturer for the installation nfsuch equipment; (2) Removable from apermanently installed housing unit audescribed in Paragraph 2.a.above oriaanintegral part ofthat equipment; or (3) An integral part ofsuch equipment. Form: 16-02-0292/R8V.11-16\ Page 2Of3 "Includes copyrighted material of insurance Services Office, Inc. with its permission" unom.3v|^oRAPAvCl|,o'2zWC, Auto, GL, xo|Angel Jimenez |r/2^/2m",.^,.u2ew(PDn|rAg°^(If z« UndmParagmphD.-DEDUCTBLE—o[ SECTION III — PHYSICAL DAMAGE COVERAGE the following ioadded: Nudeductible applies toglass damage ifthe glass inrepaired rather than replaced. 11.TWO QRMORE DEDUCTIBLES Paragraph D,- DEDUCTIBLE — of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following: |fthis Coverage Form and any other Coverage Form orpolicy issued tuyou byuothat ianot mn automobile policy urCoverage Form applies tothe same "aooident".the following applies: 1. |fthe deductible under this Business Auto Coverage Form iuthe smaller (or smallest) deductible, dwill bewaived; or 2. Kthe deductible under this Business Auto Coverage Form ianot the smaller (or smallest) deductible, itwill bmreduced bythe amount uf the smaller (or smallest) deductible. 12. AMENDED DUTIES |NTHE EVENT OF ACCIDENT, CLAIM, SUIT ORLOSS Paragraph A.2.n.'DUTIES |NTHE EVENT OF ANACCIDENT, CLAIM, SUIT ORLOSS of SECTION |V - BUSINESS AUTO CONDITIONS ia deleted and replaced with the following: a. |nthe event cf"oncideni^,claim, "auK^or "|mm^.you must promptly notify umwhen the "accident" ieknown to: (1) You oryour authorized representative, if you are anindividual; (2) Apartner, orany authorized representative, ifyou are apartnership; (3) Amember, ifyou are alimited liability company; or (4) Anexecutive officer, insurance manager, urauthorized representative, ifyou are on organization other than apartnership or limited liability company. Knowledge ofan^000iderd"'claim, '`auit^mr "|oem,byother persons does not|mp| that the persons listed above have such knowledge. Notice to us should include: (1) How, when and where the ''eooident''or "loss" occurred; The "|nnunad'n^name and address; and (3) To the extent puaoib|e, the names and addresses ofany injured persons or witnesses. 13.WAIVER C}FSUBROGATION Paragraph A.5. - TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TDUSof SECTION |V—BUSINESS AUTO CONDITIONS is deleted and replaced with the following: 5. VVewill waive the right of recovery we would otherwise have against another person or u/Ha/uzuuu// for mxu mwhich this insurance opp|ieg, provided the "insured" has waived their rights of recovery against such person or organization under ocontract or agreement that ioentered into before such ^|noa^. Tothe extent that the "inaured'o''rights to recover damages for all orpart nfany payment made under this insurance has not been waived' those rights are transferred io us. That person ororganization must du everything necessary tosecure our rights and must donothing after "acoident''or"|ona''to impair them, Atour request, the insured will bring suit ortransfer those rights iouaand help usenforce them. 14iUNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B2—CONCEALMENT, MISREPRESENTATION orFRAUD ofSECTION |V—BUSINESS AUTO CONDITIONS -indeleted and replaced with the following: |fyou unintentionally fail todisclose any hazards existing at the inception date of your policy, we will not void coverage under this Coverage Form because ofsuch failure. 15, AUTOS RENTED BYEMPLOYEES Paragraph B.5. - OTHER INSURANCE of SECTION |V—BUSINESS AUTO CONDITIONS - ieamended toadd the following: e. Any "auto" hired or rented byyour "emp|nyee^ onyour behalf and otyour direction will be considered en^auto^ you hire. |fun "employee's" personal insurance also applies ononexcess basis 0oacovered ^auto"hired orrented byyour "emp|oyee"onyour behalf and etyour direction, this insurance will be primary k/the ^emp|oyoe'e''personal insurance, 16. HIRED AUTO — COVERAGE TERRITORY Paragraph B.7.b.(5).-POLICY PERIOD, COVERAGE TERRITORY ofSECTION \V— BUSINESS AUTO CONDITIONS iedeleted and replaced with the following: (S)Acovered "auin"ofthe private passenger type ioleased, hired, rented or borrowed without udriver for aperiod of45days ur less; and 17.RESULTANT MENTAL ANGUISH COVERAGE Paragraph C.of-SECTION V—DEFINITIONS ia deleted and replaced bythe following: "Bodily injury" means bodily in]ury, sickness or disease sustained byany person, including mental anguish ordeath eemresult ofthe "bodily injury" sustained bythat person. Form: 16-02-0292/RBV.11-16\ Page 30f3 "Includes copyrighted material of Insurance Services Office, Inc. with its permission" 56'108138 1 omRAnAV'o 1 20-2.1 WC, Auto, 'L. xo | Anqel Jimenez 1 v2.4/2oo2.^».22pm (PUN | Page, sof. zo POLICY NUMBER: 5431O245 COMMERCIAL AUTO 16~02~0316 Ed. iO14 PRIMARY AND NON-CONTRIBUTORY LIABILITY INSURANCE This endorsement modifies insurance provided under the following: With respect to coverage providedbythis endorsement, the provisions ufthe 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 Named Insured: O'Grady Paving, Inc. Endorsement Effective Date:7/1/2020 Wenme(s)QfPeraun(a)Or«]rUenization(s): WHERE REQUIRED BYWRITTEN CONTRACT. red to complete this Schedule, if not shown above, will be shown In the The following isadded toItem 5.—"Othr Insurance" ofItem B.—"Qwnera|Conditions" under Section |V~—"Business Auto Cond|don*": e.Regardless ofthe provisions ofParagraph 5.a. through d.above, for any liability arising out ofthe ownership, maintenance, use, rental, lease, loan, hire prborrowing byen''ineum*d"ofacovered "muto"for which on"insumed"|scontractually obligated to provide primary insurance coverage toaclient, this Coverage Form will beprimary and non-contributory with respect tothe Persons orOrganizations inthe schedule, regardless of the availability or existence of other collectible insurance under any other Coverage Form orpolicy that applies onoprimary basis. 10-O2-O31GEd. 1014 5670oz8 | oGRvPAvCl 1 m'zz nc. um,. ,'L. zo | Angel aim°nelw, 1 v2,4/202o 2.*9.22 pw (PUP) | Paye u of zr Page I of 2 54310245 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. 1. The first Named Insured shown in the Declara- tions may cancel this edara+tionamayranoe|th|a policy by mailing orde- Uvehng to us advance written notice ofoonue|- |atiun. 3. We may cancel this policy by mailing deliv- ering tothe first Named Insured written notice of cancellation at least: o. 1Odays before the effective date ufcancel- lation if we cancel for nonpayment of pne- mium'. or b. 30 days before the effective date ofcancel- lation ifweconma|forenyotherreaeon. 3. We will mail ordeliver our notice tothe first Named |nounad'o last mailing eddnaoo known to us. 4. Notice of cancellation will state the effective date ofcancellation. The policy period will end onthat date. 5. If this policy |acancelled, wmwill 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 ef- fective even if we have not made or offered a refund. G. If notice is mai|ed, proof ofmailing will be suf- ficient proof ofnotice. This policy between you and un concerning the insurance afforded. The first Named Insured shown in the Declara- tions iaauthorized to make changes in the terms of this policy with our consent. This policy's terms can be emended or waived only by endorsement issued byuoand made mpart Ofthis policy. C. Examination OfYour Books And Records We may examine and audit your books and rec- ords as they relate to this policy at anytime during the policy period and uptothree years afterward. D. Inspections And Surveys 1. VYohave the right to: a. Make inspections and surveys atany time; IL 00 17 1198 b. Give you reports onthe conditions wmfind; and o. Recommend changes. 2. We are not obligated to make any inspections, eurveym, napnds or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We dnnot make safety inspections. VVodonot un- dertake to perform the duty ofany person or organization to provide for the health or safety ofworkers orthe public. And mmdonot warrant that conditions: m. Are safe orhealthful; or b. Comply with laws, re0u|aUona, codes or standards. 1 Ponegnepha 1. and 2. of this condition apply not only to uo, but also to any rating, advisory, rate aemima or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition duoa not apply to any inspections, surveys, reports orrecom- mendations we may make relative to certifica- tion, under state or municipal atatutee, ordi- nances or regulations, of boilers, pnmamuveves- am|m or elevators. E. Premiums The find Named Insured shown in the Declara- tions: 1. |aresponsible for the payment ofall premiums; and 2. Will be the payee for any return premiums we 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 came of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your |ogo| representative but only while acting within the scope ofduties aayour legal nap- reoentotive. Until your |eQe| representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect tothat property. |LOD1711Q8 Copyright,Insurance Services Office, |no, 1998 Page 1mf1 �� POLICY NUMBER: 54310246 ail COMMERCIAL GENERAL LIABILITY CG 20100413 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART MRIWO111M Name Of Additional Insured Person(s) ' Or Organization(s) Location(s) Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT. ALL LOCATIONS WHERE REQUIRED BY WRITTEN Jinformation re be shown in the Declarations. A. Section U —VVho Is An Insured is amended to B. With respect to the insurance afforded to these include osooadditional insured the perann(a)or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property gamoge" or "personal and advertising injury" This insurance does not apply to "bodily injury" or "property caused, inwhole u,inpart, by: damage" occurring after: i. Youradooromiea�ona� or i' All mmMh' including mobario|e, parts or ' equipment furnished in connection with such 2. The oda or omissions of those acting on your wmrk, on the project (other than service, behalf; maintenance orrepairs) to be performed by or in the podbnnoncn ofyour ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the 1 The insurance afforded to such additional ' injury or damage mriooa has been put to its intended use by any person or organization insured only applies tothe extent permitted by other than another contractor or subcontractor law; ' engaged in performing operations for o 3. |fcoverage provided tothe additional insured io principal aaapart ofthe same project. required by m 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. CG 20 10 04 13 @ Insurance Services Office, Inc., 2012 s~mmuo 1 nmRA,AV'Cl 1 20-21 WC, ^"m, GL, oo | Angel Oi="eW, 1 v24/20202.49.2,'!zm (PUT) | c�.Igpool. zu Page I of 2 C. With the insurance afforded to these additional maurega. the following is added to SmotionU|—Linnits Of Insurance: If coverage rovd d to the additional insured is required Uyacontract or agreement, the most we will pay on behalf ofthe additional insured is the amount nfinsurance: 1. Required bythe contract oragreement; or 2. Available under the applicable Lhnha of Insurance shown |nthe Declarations; whichever is less. This endorsement applicable Limits of Declarations. @ Insurance Services Office, Inc., 2012 shall not increase the |neumnm* shown in the CG 20 10 04 13 POLICY NUMBER: 54310246 COMMERCIAL GENERAL LIABILITY CG 20378413 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Name Of Additional Insured Person(s) WHERE REQUIRED BY WRITTEN CONTRACT, BUT ALL LOCATIONS WHERE REQUIRED BY WRITTEN ONLY WHERE THE CONTRACT SPECIFIES CONTRACT. COVERAGE FOR COMPLETED OPERATIONS. A. Section U—VVho Is An Insured is amended to include ananadditional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily in/ury/' or "property damage" caused, |nwhole orinpart, by '.your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "prod udo-oomp|ehed operations hazard". 1. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional insured is required by a contract o, agreement, the insurance afforded busuch additional insured will not be broader than that which you one required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these e0d0000| |neureJm. the following is added to Section III — Limits CfInsurance: If coverage provided to the additional insured is required by contract oragreement, the most we will pay on behalf of the additional insured is the amount ofinsurance: i. Required bythe contract oragreement; or 2. Available under the applicable Limits of Insurance shown |nthe Declarations; whichever ialess. This endorsement shall not increase the applicable Limits ufInsurance shown inthe Declarations. CG 20 37 0413 @ Insurance Services Office, |nc,2012 Page 1of1 56-708138 1 ooRArAV'Cl 1 20-2-1 WC, vUt°. ,L' za | Angel Jimenez 1 7/z^/202,^ 2.9.22 em *on | r�e, :1.0 of J.^ POLICY NUMBER: 54310246 COMMERCIAL GENERAL LIABILITY 10-02-2461 (EcL 7.15) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Additional insured: Location Of Covered Operations: (if noentry appears above, information required tucomplete this endorsement will beshown inthe Declarations anapplicable tothis endunemenL) With respect only tothe Additional Insured and at the Location UfCovered Operations shown |nthe Schedule, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4.Other|nmunancaandsupersedes any provision bothecontrary: Primary And Noncontributory Insurance This insurance is primary to and will not ueakcontr|but|onfrom any other insurance available tothe Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under thispoUcyprovidedthat: (1)The Additional Insured is a named inauradundersuch other insurance; and (2)You have agreed inwriting |necontract oraAreementthat this insurance would beprimeryand would not seek oontdbut|onfromany other insurance available totheAddit|ona|Insured. 10'02^2461 (Ed. 7~15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 56708138 1 omAnAV'Cl 1 20-21. WC, Auto, 'M. zo | Angel ^mene?, 1 7/2,4/202()2.49.22em (PD* | om,!.(; 54310246 h. Those statements are boned upon representations you made tous; and c. We have issued this policy in nsUmnne upon your representations. 7. Separation 0fInsureds 3. Except with respect toth Limits ofInsurance, and any rights or duties specifically assigned in this Coverage Pod to the first Named Insured, this insurance applies: a As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim iemade ur"eud"iabrought. &. Transfer OrWaiver OfRights Of Recovery Against Others TpUs We will waive the right of recovery we would otherwise have had against another person or organization, for |ono to which this insurance applies, provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured'a hgNa to recover all or pod of any payment made under this Coverage Part have not been waived, those rights are transferred tous. The insured must donothing after |oam to impair them. At our request, the insured will bring "suit" or transfer those rights to uaand help uaenforce them. This condition does not apply tnCoverage C. g. When VVeOoNot Renew If we decide not to nanevv this Coverage Pod, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not |eax than 30 days before the expiration date. If notice is mai|od, proof ufmailing will be sufficient proof ofnotice. SECTION V—DEFINITIONS 1. "Advart|mement"means enelectronic, oral, written orother notice, about goods, productsmices, designed for the specific purpose ofattracting the general public ora specific market segment tn use such goods, products mrservices. "Advertisement" does not include any e-mail address, Internet domain name orother electronic address ormetalanguage. 3. "Advertising irjury" means irjury, other than "bodily injury","prdamage"y damage" "personal irjury,, sustained by person or organization and caused by an offense of infringing, in that particular part mfyour "admwrtioem*nt" about your goods, products orservices, upon their: a. Copyrighted "advertisement"; or b. Registered collective mark, registered service mark orother registered trademarked name, n|ogan, symbol or title. "Asbestos" means asbestos |n any form, including its pn*oenma or use in any aUoy, by-product' compound or other material or waste. Waste includes materials to be nanyc|od' reconditioned or reclaimed, 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery orequipment; or b. Any other land vehicle that is o compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed orprincipally garaged. However. "auto" does not include "mobile equipment". S."Bodi|yinjury" means physical: m Injury; b^ G|oknmae'. or u. Disease; sustained by person, including Nn death humUiadnn, mental anguieh' mental injury cvshock at any time. All such loss ahu| be deemed to occur atthe time ofthe physical injury, sickness or disease that caused it. G. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included inParagraph m.above; or c All other of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities ofa personwhose home iein the territory described in Paragraph m. above, but is away for a short time on your business; or (3) "Advertising injury" or "personal injury" offenses that take place through the Internet or similar electronic means of communication Form 10~V2~ 800(Ruv.09~ Includes copyrighted material ofISO Properties, |no,with Page 1%of17 17) its permission 54310246 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART ��. Paragraph 2.b. of Exclusions of SECTION | - B. SECTION |-SUPPLEMENTARY PAYMENTS - COVERAGE A BODILY INJURY AND COVERAGES A AND 8 is replaced by the PROPERTY DAMAGE LIABILITY is replaced by following: the following: ' 1. We will pmy, with respect to any claim we 2. Exclusions investigate or eettle, or any "suit" against on This insurance does not apply to: insured we defend: b` Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that in an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes pfliability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred byorfor e party other than on insured are deemed to be damages because of "bodily injury' or "property damage", provided: (a) Liability to such party for, or the cost of, that party's defense has also been assumed in the oomn "insured oontraot";and a. All expenses weincur. bUpto $250 for cost nfbail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost ofbonds to release ettochmentm, but only for bond amounts within the applicable limit of insurance. We du not have iofurnish these bonds. d. All reasonable expenses incurred by the insured at our request to eaoiat us in the investigation or defense of the claim or "eu|t'". including actual loss ofearnings up(o $25Oaday because oftime off from work. e. All court costs taxed against the insured in the "suit". However, these payments dmnot include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit ofinsurance, vvowill not pay any prejudgment interest based on that period oftime after the offer, (b) Such ' fees and litigation Q. All interest on the full amount of any expenses are for defense of that judgment that accrues after entry of the party against a civil or alternative judgment and before we have paid, offered dispute resolution proceeding in to pay, or deposited in court the part of the which damages to which this judgment that is within the applicable limit insurance applies are alleged. of insurance. These payments will not reduce the limits of insurance. 10~02~2528(Ed.12~15) Includes copyrighted material nfInsurance Services Office, Page 1uf2 54310246 COMMON POLICY CONDITIONS All Coverage Pads included inthis policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing ordo|iv- ehng to um advance written notice ofoanneUa- nnn. 2. We may n l this policy by mailing Vrdeliver- ing to the first Named Insured written notice of cancellation otleast: m. 10 days before the effective date o[cancel- lation ifwecancel for nonpayment ofpnami' um;or b^ 30 days before theeffective date ofcancel- lation ifwecunmdforanyothernamaon. 3. We will mail or deliver our notice to the first Named |neunad'alast mailing address known tn US. 4. Notice of cancellation will nbsha the effective date of cancellation. The policy period will end onthat date. S. If this policy in cancelled, wq will send the first Named Insured any premiumrefund due. If we oonoe|, the refund will be pro rata. If the first Named Insured cance|n, the refund may be less than pro rata. The cancellation will beef- fective even if we have not made or offered m refund. Q. If notice in mai|ed, proof ofmailing will be suffi- cient proof ofnotice. B. Changes This policy contains all the agreements between you and us concerning the insurance mfhorded. The first Named Insured shown inthe Declarations isauthorized tumake changes |nthe terms ofthis policy with our consent. This policy's terms can be amended or waived only by endorsement issued byunand made opart ofthis policy. C. Examination OfYour Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during e*uvdeoathoyre|o\etnthiopn|ioyatanytimodudng the policy period and uptnthree years afterward, D. Inspections And Surveys 1. VVnhave the right to: m. Make inspections and surveys otany time; IL 00 1711 80 b` Give you reports onthe conditions wmfind; and c. Recommend changes. 2. VVeare not obligated tn make any inspections, murveyn, reports or recommendations and any such actions we do undertake relate only to in- surability and the n'aurabiUiyondthe premiums to becharged. We do not make safety inspections. We do not un- dertake to perform the duty ofany person or organization to provide for the health or safety ofworkers orthe public. And wadnnot warrant that conditions: a. Are safe orhealthful; or b. Comply with |owa, regu|ationa, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to uo, but also to any rating, advisory, rote service orsimilar organization which makes in- surance innpooUona, aunmyo, reports or rec- ommendations. 4. Paragraph 2.ofthis condition does not apply tu any inypeotionu, surveys, reports or recom- mendations we may make relative to oedif|cm- tion, under atmia or municipal eia(utem, ordi- nances or regulations, of boilers, pressure ven' me|o or elevators. E. Premiums The find Named Insured shown in the Declara- tions: i. Is responsible for the payment ufall premiums; and 2. Will bethe payee for any return premiums we pay. F. Transfer OfYour Rights And Duties Under This Policy Your hgNa and duties under this policy may not be transferred without our written consent except in the case ofdeath nfanindividual named insured. If you die' your rights and duties will be transferred to Your |ogu| representative but only while ooUnQ within the scope ofduties aayour legal repreaenta- t|ve. Until your legal representative is oppoinkad, anyone having proper temporary custody of your property will have your rights and duties but only with respect tothat property. |LOO171198 Copyright, Insurance Services Office, |no.. 1998 Page 1ot1 [3 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7-08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (Thefollowing"attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7/1/2020 Policy No. 54310247 issued to O'Grady Paving, Inc. Endorsement No. at 12:01 A. M. standard time, forms a part of of the FEDERAL INSURANCE COMPANY (NAME OF INSURANCE COMPANY) 0�6& Authorized Representative We have the right to recover our payments frorn anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for the blanket waiver offered by this endorsement shall be 1.00% of total California premium. Schedule Person or Organization WHERE REQUIRED BY WRITTEN CONTRACT WC 99 03 04 (Ed. 7-08) Job Description ALL LOCATIONS 5 (i'71)(1 13 8 51 0GRAPAV-C:L 1 20-21. WC, Auto, GL, :KS I Ang(A. :Firaenev. 1 712912020 2A.9:22 I'M (PLIT) I Page :IS of 3.6 WC 99 06 45 (Ed. 6-11) EARLIER NOTICE OF CANCELLATION OR NONRENEWAL PROVIDED BY US This endorsement, effective on 7/1/2020 at 12:01 A. M. standard time, forms a part of (DATE) Policy No. 54310247 of the FEDERAL INSURANCE COMPANY (NAME OF IN C&& kNY) Issued to: O'Grady Paving, Inc. Authorized Representative We may cancel this policy by mailing or delivering to you written notice of cancellation at least: L 101101— days before the effective date of cancellation if we cancel for non-payment of premium; or 9.WXIY—M days before the effective date of cancellation if we cancel for any other reason. B. Under Part Six - Conditions of the policy, the following is added: Notice Of Nonrenewal When we do not renew this policy, we will mail or deliver to you written notice of the nonrenewal at least _aj2qy_ LM days before the expiration date, Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to prove notice. ULIMUMMUSUMM 567081.38 1 OGRAPAV-Cl 1 20-21 WC, MtO, GL, XS I Angel Oijaenez 1 7/24/20,1,0 2:49:22 PM (PDT) I Page 1.6 :,j :1.6