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Contract - All American Asphalt - 2017-02-13 AGREEMENT FOR PUBLIC WORKS FOR SMALL JOB #311 Sewer Manhole Surface Repairs—Phase 4 This Agreement ("AGREEMENT") is made and effective as of ce,Lszor L32017, between the Costa Mesa Sanitary District, a sanitary district ("DISTRICT"), and All American Asphalt, a California corporation ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This AGREEMENT shall commence on \'7 2017, and shall remain and continue in effect until tasks described herein are completed, unless sooner terminated pursuant to the provisions of this AGREEMENT. CONTRACTOR shall complete all work within 25 working days from the date the DISTRICT issues a notice to proceed. 2. SERVICES The SERVICES to be provided are more particularly described in the Scope of Services attached hereto as Exhibit"A"and incorporated herein by reference. 3. PERFORMANCE CONTRACTOR shall perform all SERVICES under this AGREEMENT in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors in the same discipline in the State of California and consistent with all applicable laws. CONTRACTOR shall provide DISTRICT its work product in "turnkey" form. DISTRICT reserves the right to perform reasonable testing of CONTRACTOR's work product before accepting the same. CONTRACTOR shall warrant that all services provided and equipment installed shall perform in a workmanlike manner and be fit for its particular purpose. 4. COMPENSATION Compensation for the SERVICES shall be lump sum for each item as shown on Exhibit "A" and the total shall not exceed Twenty-Four Thousand One Hundred and Seventy 00/100 ($24,170.00). The written change order requirement cannot be waived. Failure to submit a written change order and receive written approval by the DISTRICT prior to performing extra work shall constitute a waiver of a claim for additional time or compensation. 1 PSA 30U 12 10 Invoices shall be submitted to DISTRICT monthly as performance of the SERVICES progresses. DISTRICT shall review and pay the approved charges on such invoices in a timely manner. SERVICES on the PROJECT shall begin immediately and be completed within twelve months of the first date written above. unless extended by DISTRICT in writing. 5. PREVAILING WAGES CONTRACTOR understands that this job, if over One Thousand Dollars ($1,000.00) in value and not exempt, requires compliance with the prevailing wage law. (Labor Code §§ 1720 et seq.) As such, DISTRICT will ascertain the prevailing wages to be paid on this job from the Director of Industrial Relations. Said amounts are listed at http://www.dir.ca.govidlsr/pwd/index.htm. CONTRACTOR agrees to pay prevailing wages and maintain prevailing wage records regarding those payments. CONTRACTOR is also required to comply with the apprentice requirements. CONTRACTOR shall defend, indemnify, and hold the DISTRICT, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR recognizes that state law makes eight (8) hours a day's work, and any worker working in excess of that time must be paid overtime. (Labor Code § 1813.) CONTRACTOR acknowledges that if required, it must be registered with the Department of Industrial Relations (DIR) to perform this work and affirms that it is registered. CONTRACTOR agrees to submit electronic payroll information unless this requirement is suspended by the DIR. District will file a PWC 100 form with the DIR to register this project. 6. SUBCONTRACTING This paragraph only applies if this AGREEMENT was awarded following a competitive bid. If CONTRACTOR submitted a subcontractors list, CONTRACTOR may only substitute a listed subcontractor by complying with the Subletting and Subcontracting Fair Practices Act. (See Public Contact Code §§4100 et seq.) CONTRACTOR cannot perform work using a subcontractor who is debarred. CONTRACTOR hereby assigns unfair business practice claims (Clayton Act and Cartwright Act) to the DISTRICT. CONTRACTOR declares by signing this AGREEMENT that CONTRACTOR did not collude to obtain this job. (Public Contract Code § 7106.) 7. PROGRESS PAYMENTS Progress payments may be authorized if this job will take in excess of thirty (30) days. DISTRICT agrees to promptly make progress payments on undisputed and properly 2 PSA 30U 12 10 submitted payment request within thirty (30) calendar days and to comply with the provisions of Public Contract Code Section 20104.50. If this AGREEMENT is for at least Five Thousand Dollars ($5,000.00) and progress payments are made, DISTRICT will retain five percent (5%) of the total contract amount until sixty (60) days after the notice of completion is filed. (Public Contract Code §§ 7107, 9203.) CONTRACTOR may substitute securities in lieu of retention pursuant to Public Contracts Code Section 22300. 8. INSURANCE CONTRACTOR shall, at its expense, procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of this AGREEMENT by the CONTRACTOR, its agents, representatives, employees, or subcontractors. CONTRACTOR shall also require all of its subcontractors to procure and maintain the same insurance for the duration of this AGREEMENT. If CONTRACTOR is an employer or otherwise hires one (1) or more employees during the term of this PROJECT, CONTRACTOR shall procure and maintain workers' compensation coverage for such employees which meets all requirements of state law(Labor Code§ 1861 CONTRACTOR shall also provide errors and omissions professional liability insurance appropriate to its profession in an amount, with conditions, and for a term acceptable to the DISTRICT. At a minimum, CONTRACTOR is required to submit proof of insurance in accordance with the following standards: Minimum Scope of Insurance: Coverage shall be at least as broad as the latest version of the following: (1) General Liability Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001): (2)Automobile Liability. Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance: CONTRACTOR shall maintain limits of no less than: (A) General Liability. One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this AGREEMENT/location or the general aggregate limit shall be twice the required occurrence limit. (B) Automobile Liability. One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage. 3 PSA 30U 1210 (C) Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Insurance Endorsements: The insurance policies shall contain the following provisions, and a separate endorsement stating to add the following provisions to the insurance policies shall be submitted and approved by DISTRICT: (A) General Liability, The general liability policy shall be endorsed to state that: (1) DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the work or operations performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects DISTRICT,its directors,officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the CONTRACTOR's scheduled underlying coverage. Any insurance or self-insurance maintained by DISTRICT, its directors, officials, officers, employees, agents, and volunteers shall be excess of the CONTRACTOR's insurance and shall not be called upon to contribute with it in any way. (B) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against DISTRICT, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the CONTRACTOR. (C) All Coverage. Each insurance policy required by this AGREEMENT shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced, or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to DISTRICT, and (B) any failure to comply with reporting or other provisions of the policies, including breaches or warranties,shall not affect coverage provided to DISTRICT, its directors, official, officers, employees, agents, and volunteers. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-:VIII, licensed to do business in California, and satisfactory to DISTRICT. All insurance documents must be submitted and approved by the District's Risk Manager prior to execution of any AGREEMENT with DISTRICT. 9. INDEMNIFICATION 4 PSA 30U 1210 (a) Indemnification for Professional Liability. When the law establishes a professional standard of care for CONTRACTOR's services, to the fullest extent permitted by law, CONTRACTOR shall indemnify, protect, defend, and hold harmless DISTRICT and any and all of its officials, employees, and agents from and against any and all losses, liabilities, damages,costs, and expenses, including attorney's fees and costs to the extent the same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONTRACTOR, its officers, agents, employees, or subCONTRACTORs (or any entity or individual that CONTRACTOR shall bear the legal Iiability thereof) in the performance of professional services under this AGREEMENT. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless DISTRICT and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees) where the same arise out of, pertain to, relate to, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this AGREEMENT by CONTRACTOR or by any individual or entity for which CONTRACTOR is legally liable, including, but not limited to, officers, agents, employees, or subCONTRACTORs of CONTRACTOR. 10. SAFETY AND SITE CONDITION CONTRACTOR shall perform all operations with due regard for safety and in strict compliance with all applicable laws relating thereto. It shall be CONTRACTOR'S responsibility to keep the site in a clean, neat and orderly condition. It shall also be CONTRACTOR'S duty to dust-palliate all working areas and access routes, if applicable. All operations shall be conducted by CONTRACTOR so that no fire hazards are created. 11. TERMINATION DISTRICT may terminate this AGREEMENT at any time with or without cause. If DISTRICT terminates this AGREEMENT without cause before PROJECT completion, CONTRACTOR shall be entitled to be paid for SERVICES adequately completed prior to the notification of termination. CONTRACTOR may terminate this AGREEMENT for cause only. 12. WARRANTY CONTRACTOR shall perform, at its own cost and expense and without reimbursement from DISTRICT, any services necessary to correct errors or omissions which are caused by CONTRACTOR's failure to comply with the standard of care provided for herein. CONTRACTOR shall ( one- ear uarantee work done on the PROJECT for a 1 9 Y ) period 5 PSA 30U 12 10 commencing on the date of substantial completion. CONTRACTOR shall warrant that all services provided and equipment installed shall perform in a workmanlike manner and be fit for its particular purpose. 13. MISCELLANEOUS This AGREEMENT shall be interpreted according to the laws of the State of California and any action arising from this AGREEMENT shall be brought in the superior or federal district court with jurisdiction over DISTRICT. This AGREEMENT and the attachments hereto shall contain the entire agreement between the parties. This AGREEMENT cannot be modified except in a writing signed by both parties. In the event of inconsistency between this AGREEMENT and any attachment hereto, this AGREEMENT shall control in all respects. DISTRICT shall own all work product prepared in the course of providing the SERVICES under this AGREEMENT. In the event of termination of this AGREEMENT, CONTRACTOR shall immediately turn all work product over to DISTRICT. If specialized software or computer hardware is required to view or transmit said work product, CONTRACTOR shall make that software and hardware available to the DISTRICT at no cost during normal business hours. If the Services and Equipment required by this Agreement exceed $25,000 the CONTRACTOR shall obtain a labor and material bond and a.faithfuf~pe forman-ce.bond on District forms both in the amount of 100% of the contract value. (Civil_Code Sec 9550): This AGREEMENT cannot be assigned without the prior written consent of the DISTRICT. DISTRICT acknowledges that if it provides CONTRACTOR with locations of II! undergroundt elines and DISTRICT is incorrect and those utilities must be relocated, , DISTRICT will pay for those relocation costs in accordance with statutory requirements. (Government Code § 4215.) If excavation is required, CONTRACTOR agrees to comply with Gov. Code § 2016 and delineate any area to be excavated before contacting The Regional Notification Center and obtaining authorization to excavate. CONTRACTOR agrees to provide DISTRICT with notice of any hazardous materials or subsurface or latent physical site conditions it encounters if this work involves excavations deeper than four feet (4'). If this exceeds Twenty-Five Thousand Dollars 25 000.00 and the excavations exceed five feet 5' CONTRACTOR mustprovide} ( ), pro Ede a detailed trenching plan. (Public Contracts Code § 7104; Labor Code §6705.) 6 PSA 30U 1210 DISTRICT shall give CONTRACTOR timely notice of third-party claims. For claims that are less than Three Hundred Seventy-Five Thousand Dollars ($375,000.00), the provisions of Public Contracts Code Sections 20104 et seq. (Article 1.5- Resolution of Construction Claims)shall be followed. For claims for money or time submitted pursuant to Public Contract Code 9204, the provisions of that section shall apply and a meet and confer process, followed by nonbinding mediation, shall occur. CONTRACTOR is and shall at all times remain as to DISTRICT an independent contractor. No employee benefits shall be available to CONTRACTOR in connection with the performance of this AGREEMENT. Except for the fees paid to CONTRACTOR as provided in this AGREEMENT, DISTRICT shall not pay salaries, wages, or other compensation to CONTRACTOR for performing any services hereunder for DISTRICT. DISTRICT shall not be liable for compensation or indemnification to CONTRACTOR for injury or sickness arising out of performing any services hereunder. All information gained by CONTRACTOR in the performance of this AGREEMENT shall be considered confidential and shall not be released by CONTRACTOR without DISTRICTs prior written authorization. CONTRACTOR shall not, without written authorization from the General Manager or unless requested by the District Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary" provided CONTRACTOR gives DISTRICT notice of such court order or subpoena. CONTRACTOR warrants that the individual who has signed this AGREEMENT has the legal power, right, and authority to make this AGREEMENT and bind the CONTRACTOR hereto. If you agree with the terms of this AGREEMENT, indicate by signing and dating two original agreements where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. DISTRICT CONTRACTOR All American Asphalt Approved by: Reviewed and Accepted by: -Brian-Anselm twat .Cac\s‘1•© Adal -MOP General Manager Signa ure EcLaA-S.Cailson 7 PSA 30U 12 10 Approved as to Form: Name AL14d7/4(4 \IV-- Tres, N\--- Harper& Bums LLP Title District Counsel 211312-011— Date 8 PSA 30U 12 10 Exhibit A Scope of Service (Attached) 9 PSA 30U 12 10 \ ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES A_ ., ENG INI:-.ER!NG-CONTRACI.ORS-ASPHALT PA VINO ALL AMERICAN P.O. BOX 2229,CORONA,CA 92878-2229 ASPHALT sTATtr CONTRACITOIRS LICENSE:.#267073-A DIR#1000001 OS 1 To: Costa Mesa Sanitary District Contact: Rob Hamers Address: 628 W 19th Street Phone: 714-293-2727 Costa Mesa,CA 92627 USA Fax: Project Name: #311 Sewer Manhole Surface Repairs-Phase 4 Bid Number: #311p4 Project Location: Various Locations Bid Date: 1/31/2017 Item# Item Description Estimated Quantity Unit Unit Price Total Price 1 Adjust Manhole To Finished Grade 25.00 EACH $966.80 $24,170.00 Total Bid Price: $24,170.00 Notes: • PRICE EXCLUDES:VAULTS,MANHOLE COATINGS,T-LOCKS,RECONSTRUCT,COLDMILLING,TESTING,BONDS,INSPECTION FEES,RUBBERIZED ASPHALT,TIE OFF AND CURB MARKINGS,PAVING,GRADING,SLURRY SEAL,TRAFFIC CONTROL PLANS,EARTHWORK,ENGINEERING,STRIPING, SWPPP'S,CRACKSEAL,STRIPING REMOVALS,WEEDKILL,OR ANY OTHER WORK NOT LISTED IN QUOTED ITEMS. ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory All American Asphalt and hereby accepted. Buyer: Signature: Authorized Signature: Date of Acceptance: Estimator: ANSELM,BRIAN (951)736-7600 briana@allamericanasphalt.com 1/26/2017 5:51:39 PM Page 1 of 1 ��a, DATE VerNDDIYYYY) A COCERTIFICATE OF LIABILITY INSURANCE 02/08/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the 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 CA LIC 0529370 1-925-244-7700 CONTACT NAPA E: Certificates Department Edgewood Partnere Insurance Centers (EPIC) PHONE X (Island Empire - Branch ID 14542) c.No.Ext1: (925) 244-7700 FA(AIC.Nol: (925) 901-0E71 P.O. Box 5003 ADDRESS; EPICcertseepicbrokers.com INSURER(S)AFFORDING COVERAGE NAIC a San Ramon, CA 94583 INSURER A: ARCH SPECIALTY INS CO 21199 INSURED INSURER B: ZURICH AMER INS CO 16535 All American Asphalt INSURER C e AMERICAN GUAR & LIAB INS 26247 P.O. Box 2229 INSURER D: INSURER E: Corona, CA 92878-2229 INSURER F: COVERAGES CERTIFICATE NUMBER:49099913 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER' POLICY EFF POUCY EXP LTR TYPE OF INSURANCE p(so MB. POLICY NUMBER JMMIDDIYYYYUMMIDDmYY)_� UMrnS A X COMMERCIAL GENERAL LIABILITY DPC100585600 08/01/16 08/01/17 EACHOCCURRENCE I s 1,000,000 DAMAGE TO RENTED 1S 100,000 CLAIMS-MADE U OCCUR PREMISES(Esoccunorce) , MED EXP(Any one person) I$ PERSONAL dADV INJURY i$ 1,000,000 GEM.AGGREGGA"TEUMITAPPLIESPER: GENERAL AGGREGATE j$ 2,000,000 POLICY( �')ECT ,LOCPRODUCTS-COMP/OPAGG $ 2,000,000 IOTHER: $ B AUTOMOe8.EUABiLrrY HAP557108804 08/01/16 08/01/17 rCEOeMBetNEen04SINGLEtIMIT $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ AUTOS OWNED —— SCHEDULED - AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE S AUTOS (Per accident) 4 C UMBRELLAUAB X OOcUR 5X8019797000 08/01/16 08/01/17 EACHOCCURRENCE !S 10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE s 10,000,000 I _ DEC X RETENTIONS 10,000 Following-Form s BINCOMPENSATION YrN MC593205703 08/01/16 08/01/17 X STATUTE 1 gr. AND EMPLOYERS'UABIUTY ANY PROPRIETORAFARTNERIFXECUTIVE N/A ELEACHACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Li (MandatorylnNH) E.LDISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT,$ 1,000,000 1 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule.may be attached It more space is required) I d311 / RE: Sewer Manhole Surface Repairs - Phase 4 / Certificate Holder is Additional Insured if Required by Written Contract Excluding Workers Compensation [23 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Costa Meea Sanitary District THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 628 West 19th Street AUTHORIZED REPRESENTATIVE Costa Mesa, CA 92627 I USA (4216. - ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD klee-ie 49099913 • •• , MEMO To: Whom it may concern From: Edgewood Partners Insurance Centers(EPIC) Named Insured: All American Asphalt et al Policy Number(s): DPC100585600, BAP557108804,WC593205703,SXS019797000 RE: Notice of Cancellation Should the above described policy be cancelled before the expiration date thereof, we will mail 30 days written notice to the Certificate Holder;except, 10 days notice for non-payment of premium. Since rely, Kam Lapel( Account Manager tel:925.244.7700 3000 executive parkway,suite 325,san racoon,ca 94583 ca license OB29370 epicbrokers.com THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF-itlSURED RETENTION COVERAGE FORM SECTION ii—WHO IS AN INSURED is amended to Include as an additional Insured those persons or organizations who are required under a written contract with you to be named as an additional insured, but only with respect to liability for"bodily Injury",'property damage",or"personal end advertising injury' caused.In whole or In part,by your acts or omissions or the acts or omissions of your subcontractors: A. In the performance of your ongoing operations or"your work",including"your work"that has been completed;or B. In connection with your premises owned by or rented to you, As used in this endorsement,the words you-and'your'refer to the Named Insured. All other terms and conditions of this Policy remain unchanged. Schedule Project District, its directors,officials, officers, employees, agents and #311 /RE: Sewer Manhole Surface Repairs-Phase volunteers 4/ Endorsement Number: This endorsement is effective on the inception dale of this policy unless otherwise slated herein, (The information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Policy Number DPC100585600 Named insured: All American Asphalt et al Endorsement Effective Date; August 1, 2016 4598 00 CGL0008 00 05 07 Page of I THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE -BROAD FORM, CGL POLICY ENDORSEMENT This endorsement modifies Insurance provided under the follovdng: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, the following paragraph is added to Condition a,Other Insurance: Where the Named Insured is required by a written contract to provide Insurance that is primary end non-contributory, and the written contract so requiring is executed by the Named Insured before any"occurrence"or offense, this Insurance will be primary,but only If and to the extent required by that written contract. All other terms and conditions or this Policy remain unchanged. Schedule Project District,its directors,officials,officers, employees, agents and #311 1 RE: Sewer Manhole Surface Repairs- Phase volunteers 41 Endorsement Number This endorsement is effective on the inception data of this policy unless otherwise slated herein. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Policy Number. DPC100585600 Named Insured: All American Asphalt et of Endorsement Effective Date August 1, 2016 00 CGLO130 00 09 06 Page 1 of 1 4598 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF-INSURED RETENTION COVERAGE FORM SCHEDULE Name of Person or Organization: Where required by written contract. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Condition 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following provision: We waive any right of recovery we may have against the person or organization shown In the SCHEDULE above because of payments wo make for injury or damage arising out of your operations or 'your work"done under a written contract with that person or organization. All other terms and concftlons of this Policy remain unchanged. Schedule Project District,its directors,officials,officers, employees,agents and #311 1 RE: Sewer Manhole Surface Repairs-Phase volunteers 4/ Endorsement Number. This endorsement is effective on the inception dale of this policy unless othervise stated herein. (The Information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Policy Number: DPC100585600 Named Insured: All American Asphalt et al Endorsement Effective Dale: August 1, 2016 00 CGL0121 00 09 00 includes copyrighted material of Insurance Ser.fices Office.Inc., Paget of 1 with Its permission. 4598 ISI 17.A"r"'"W`Trr.T";:10,,STPrWrigirePrtiry7.,Z,2•41 :. - :i-.-R,R•�.-•-• POLICY NUMBER: BAP557108804 COMMERCIAL.AUTO CA20480299 THIS ENDORSEM ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FOR.i tMth respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organIzdion(s)who are'insureds"under the%.Mtio Is An insured Provision of the Coverage Form.This endorsement does not rater covers a provided In the Coverage Form. This endorsement changes the polity effective on the inception dote of the policy unless another dote is lndizated below. Endorsement Effective: 8/1/16 Countersigned By: Named Insured:All American Asphalt (Authorized Representative) SCHEDULE Naille of Person(s)or Organization(s): r.NY PERSON OR ORGANIZATION TO WHOM OR WIHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONivL INSURED STATUS ON A PRIMARY, NON--CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Schedule Project District,its directors,officials,officers, employees, agents and #311 /RE: Sewer Manhole Surface Repairs- Phase volunteers 4/ (if no entry appems above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an 'Insured"for Liability Coverage, but only to the extent tht person or orgenizrtion qualifies as on'Insured" under the:"no Is An insured Provision contained in Section Il of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Offhe,Inc., 19x8 Page 1 o(1 ❑ 4598 erne -mr,..•, 1 --. POLICY NUMBER BAP557108804 COMMERCIAL AUTO CA 04440310 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 mofiflr 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 .fifth respect to coverage provided by this endorseent,the provisions of the Coverage Fomi apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception dote of the poky unless another dote is indl.ated below. Named insured: All American Asphalt: Endorsement Effective Date: 8/1/16 SCHEDULE Narne(s)Of Person(s)Or Organ¢ation(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY information required to complete this Schedule.if not shown above,will be shown In the Deciaretrons. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organizatlon(s) shown in the Schedule, but only to the extent that subrogctlon is waived prior to the"a:- Project eident"or the loss" under a contract with that person #311 /RE: Sewer Manhole Surface Repairs- Phase or organization. Schedule 4/ p District, its directors,officials,officers, employees,agents and volunteers • 4598 CA 04 44 0310 0 lasuran.e Services Offbe,Inc..2009 Page 1 of 1 0 WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE POUCY V C 04 03 06 f Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA ,At have the right to recover our payments from anyone liable for an injury covered by this polby. We wilt not enforce our right against the person or organization nerred in the Schedule.(This agreement applies only to the extent that you perform work under a written contract that r luires 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 0.00 % of the California workers'compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ALL CA OPERATION ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGAT ION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION District,its directors,officials, officers, employees, #311 /RE: Sewer Manhole Surface Repairs- Phase 4/ agents and volunteers All American Asphalt Policy #WC593205703 8/1/16 Zurich American Ins. Co. WL'Z2(r-ea) 4598 WC 04 0306(Ed.4$3) Page t of 1