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HomeMy WebLinkAboutGranite Rock Company - 2015 AgreementProject No. 14 -PW -213, Eigleberry Street Resurfacing Project SECTION 00500 AGREEMENT EIGLEBERRY STREET RESURFACING PROJECT PROJECT NUMBER 14 -PW -213. THIS AGREEMENT, made this 20 7H day of Pe I L , 901' by and between the City of Gilroy, hereinafter called the "City," and G-A?Akl l TE mock 66HPANJ 1 hereinafter called the "Contractor." WITNESSETH: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the Eigleberry Street Resurfacing Project, Project No. 14- PW -213, as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810 -2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents. SECTION 00500 23 link to -Table of Contents y Project No. 14 -PW -213, Eiglebeny Street Resurfacing Project Article 3. Liquidated Damages. The city and the contractor recognize that the city will suffer substantial damages and significant financial loss as a result of the contractor's delays in performance of the work described in the contract documents. The city and the contractor hereby acknowledge and agree that the damages and financial loss sustained as a result of any such delays in performance will be extremely difficult and impractical to ascertain. Therefore, the city and contractor hereby agree that in the event of such delays in performance, the city shall be entitled to compensation by way of liquidated damages (and not penalty) for the detriment resulting therefrom in accordance with paragraph 00700 -6.5, liquidated damages, of the contract documents. The city and the contractor further agree that the amounts designated as liquidated damages are a reasonable estimate of the city's damages and financial loss in the event of any such delays in performance considering all of the circumstances existing as of the date of this agreement, including the relationship of such amounts to the range of harm to the city which reasonably could be anticipated as of the date of this agreement and the expectation that proof of actual damages would be extremely difficult and impractical. By initialing this paragraph below, the pa consent to th terms of this article 3. City's Initials C es hereto signify their approval and Initials Article 4. Contract Price. �) In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents. SECTION 00500 24 link to 4Table of Contents Project No. 14-PW- -213, Eigieberry Street Resurfacing Project Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements , Standard Specifications (Caltrans) Technical Specifications Drawings Addenda, if any Executed Change Orders, if any Maintenance Bond Notice of Award Notice to Proceed Article 6. Miscellaneous. Capitalized terms used in this Agreement which, are defined in Section 01090, References, of the Contract Documents will have the meanings set forth in Section 01090, References. Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City's sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City,. no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents. SECTION 00500 25 link to 4Table of Contents Project No. 14 -PW -213, Eiglebeny Street Resurfacing Project Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, agents or representatives of the City or its successor and assigns. In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. IN WITNESS WHEREOF, this agreement has been executed on this �s day of Name of Contractor Signature of City Signature f Co ctor t�4 1k ve✓ V, P Title of Signator ATTEST Signature V, f , , .* L° (erz"T4, Title of Signator SECTION 00500 'Thcma3 6. Nctcyind Title of S6nator ATTEST: Signature Title of Signator * **END OF SECTION * ** 26 link to -Table of Contents w Project No. 14 -PW -213, Eigleberry Street Resurfacing Project SECTION 00500 AGREEMENT EIGLEBERRY STREET RESURFACING PROJECT PROJECT NUMBER 14 -PW -213. THIS AGREEMENT, made this Zoe day of 4PR 1 L ,C;bI 1J ,by and between the City of Gilroy, hereinafter called the "City," and 1,,24wr6- �DCC (014 PA N �i hereinafter called the "Contractor." WITNESSETH: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the Eigleberry Street Resurfacing Project, Project No. 14- PW -213, as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810 -2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents. SECTION 00500 23 link to 4Table of Contents Project No. 14 -PW -213, Eigleberry Street Resurfacing Project Article 3. Liquidated Damages. The city and the contractor recognize that the city will suffer substantial damages and significant financial loss as a result of the contractor's delays in performance of the work described in the contract documents. The city and the contractor hereby acknowledge and agree that the damages and financial loss sustained as a result of any such delays in performance will be extremely difficult and impractical to ascertain. Therefore, the city and contractor hereby agree that in the event of such delays in performance, the city shall be entitled to compensation by way of liquidated damages (and not penalty) for the detriment resulting therefrom in accordance with paragraph 00700 -6.5, liquidated damages, of the contract documents. The city and the contractor further agree that the amounts designated as liquidated damages are a reasonable estimate of the city's damages and financial loss in the event of any such delays in performance considering all of the circumstances existing as of the date of this agreement, including the relationship of such amounts to the range of harm to the city which reasonably could be anticipated as of the date of this agreement and the expectation that proof of actual damages would be extremely difficult and impractical. By initialing this paragraph below, the parties hereto signify their approval and consent to the terms of this article 3. City's Initials ontrac rs Initials ArtIcie 4. Contract F'nce. In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents. SECTION 00500 24 link to Table of Contents Project No. 14-PW- -213, Eigleberry Street Resurfacing Project Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications (Caltrans) Technical Specifications Drawings Addenda, if any Executed Change Orders, if any Maintenance Bond Notice of Award Notice to Proceed Article 6. Miscellaneous. Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meanings set forth in Section 01090, References. Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City's sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents. SECTION 00500 25 link to -Table of Contents k Project No. 14 -PW -213, Eigleberry Street Resurfacing Project Contract Documents. Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, agents or representatives of the City or its successor and assigns. In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. IN WITNESS WHEREOF, this agreement has been executed on this (4�6 day of��. Cv-aki� �e i&c�,- Co Name of Contractor Signature of Con Pre-51 dm- - + C � Title of Signator ATTEST S gnature V P f C mal Coun561 Title of Signator ignature of City Thc�mCi,j � N�CtGiun� Title of Signator ATTEST: Signature Title of Signator SECTION 00500 27 link to 4Table of Contents Project No. 14 -PW -213, Eigleberry Street Resurfacing Project ***END OF SECTION*** SECTION 00500 28 link to 4Table of Contents 0 Granite Rock Company Project No. 14 -PW -213, Eigleberry Street Resurfacing Project SECTION 00310 Amendment No. 3 BID SCHEDULE PROPOSAL FOR THE CONSTRUCTION OF Eigleberry Street Resurfacing Project, PROJECT NO. 14 -PW -213. City of Gilroy Pursuant to Section 00020, INVITATION TO BID, the undersigned hereby proposes and agrees that on award by the City of Gilroy under this Bid, and in accordance with the provisions therein stated, to execute a Contract, with necessary bonds, to furnish and install any and all labor, materials, transportation, and services for the construction of the Eigleberry Street Resurfacing Project in accordance with the Plans and Specifications therefor adopted and on file with the City of Gilroy within the time hereinafter set forth and at the prices named in this Bid as follows: BASE BID: Item No. Description Quantity Unit P -F- S• Unit Price Total 1 CONSTRUCTION SITE MANAGEMENT 1 LSyj' 2 TRAFFIC CONTROL SYSTEM 1 LS 3 PREPARE WATER POLLUTION CONTROL 1 LS $ - $ PROGRAM $f1C 660 - 4 1 ADJUST WATER VALVE COVER TO GRADE 35 EA $ - $ -� - 5 ADJUST MANHOLE COVER TO GRADE 9 EA $, - $ _ 6 ADJUST DRAIN INLET TO GRADE 12 EA 7 COLD PLANE ASPHALT CONCRETE (0.10' MAX.) 1,400 SY 3. .C, _ 8 COLD PLANE ASPHALT CONCRETE (0.15' MAX.) 2,600 SY $ �, �� $ jOU - 9 COLD PLANE ASPHALT CONCRETE (6' -WIDE EDGE 3,900 SY $ 1, �� $ - GRIND 0.15' MAX) x 9 10 REMOVE CONCRETE - CONCRETE PAVEMENT 209 400 SY $ �`�a ' $ --Bwo - 11 REMOVE CONCRETE CURB 400 LF $ �� - $ - 12 REMOVE CONCRETE SIDEWALK AND DRIVEWAY 1,750 SY $� — $ . APRON 13 HOT MIX ASPHALT (TYPE A 112 MAXIMUM 3,600 TON $ - $ GRADING) - OVERLAY 3 14 ASPHALT EMULSION (PAINT BINDER) 4 TON $ - $ ©G 15 SPOT GRIND AND PATCH EXISTING CONCRETE 1 LS $ SIDEWALK _ 16 PROFILE GRIND EXISTING CONCRETE PAVEMENT 6,a9A SY S $ - $ EST SIDE: TRAVEL LANES 10,400 5 (� 17 GRIAID &XISTING Go AVEM41 2-15N SY 18 WID EXISTING CONCRETE DAVEPASwr 15, 1 X99 S 1' -- — — (0 MAX - * (P) after quantity denotes partial pay item; (F) after quantity denotes final pay quantity; (S) after quantity denotes special item. SECTION 00310 16 Granite Rock Company Project No. 14 -PW -213, Eigleberry Street Resurfacing Project Item No. Description Quantity Unit I SF ( Price I Total 19 WEDGE GRIND EXISTING CONCRETE PAVEMENT 4,500 LF S $. PAVING WEDGE 6' WIDE x VAR. 0.15' TO 0') 7 5(X7 _ 20 MINOR CONCRETE (CURB) 860 LF $ $ 21 DETECTABLE WARNING SURFACE 250 SF $,qL $ 22 MINOR CONCRETE (CURB AND GUTTER) 370 LF $60- $ 23 MINOR CONCRETE (DRIVEWAY APRON) 365 SY $ eQ - $ - 24 MINOR CONCRETE (SIDEWALK) 1,550 SY $1 x - $ &WO 25 MINOR CONCRETE - CURB ACCESS RAMPS (TYPE 24 EA VARIES - INCLUDES REMOVAL ) -/ "- 26 THERMOPLASTIC PAVEMENT MARKING - STOP 16 EA $ - $ LEGEND 1-71 Q(} — 27 THERMOPLASTIC PAVEMENT MARKING - BIKE 12 EA $ $ LANE SYMBOL 70— 28 THERMOPLASTIC PAVEMENT MARKING - BIKE 24 EA $ $ SHARED LANE MARKING _ :W�fO , 29 THE TRAFFIC STRIPE - CROSSWALK 1,200 LF $ 4F $ _- PMOPLASTIC 30 THERMOPLASTIC TRAFFIC STRIPE - STOP LINE 412 LF $ - 31 THERMOPLASTIC TRAFFIC STRIPE - DETAIL 1 4,074 LF $ 1 — 32 THERMOPLASTIC TRAFFIC STRIPE - DETAIL 21 606 LF $ $ f 33 THERMOPLASTIC TRAFFIC STRIPE - DETAIL 39 6,470 LF $ : go $ BIKE LANE STRIPING 34 THERMOPLASTIC TRAFFIC STRIPE - DETAIL 39A 600 LF $ — $ BIKE LANE STRIPING 35 THERMOPLASTIC TRAFFIC STRIPE - DIAGONAL 4000 LF $ $ PARKING STALL STRIPING EAST SIDE)- 36 THERMOPLASTIC TRAFFIC STRIPE - PARKING 92 EA $ $ STALL STRIPING CROSS TICKS -WEST SIDE) 37 MOBILIZATION 1 LS $d8-3z $ BASE BID ITEMS (SUBTOTAL) $ 38 SUPPLEMENTAL WORK (MAINTAIN TRAFFIC, CITY 1 LS S $5,000 $5,000 PORTION ) 39 SUPPLEMENTAL WORK (PORTABLE CHANGEABLE 2 EA S $2,500 $5,000 MESSAGE SIGN 40 SUPPLEMENTAL FUNDS (ASPHALT PRICE INDEX) 1 LS S $30,000 $30,000 SUPPLEMENTAL ITEMS (SUBTOTAL) $40,000 BASE BID TOTAL: Items 1 thru 40 inclusive and all work incidental thereto $ and connected therewith TOTAL IN WORDS: /%ff aw &104 /r * (P) after quantity denotes partial pay item; (F) after quantity denotes final pay quantity; (S) after quantity denotes special item. SECTION 00310 17 Project No. 14 -PW -213, Eigleberry Street Resurfacing Project BID ALTERNATE Item No. I Description Quantity I Unit I P -F -S' I Unit Price I Total 41A 41B 41C REMOVE CONCRETE - INTERSECTION 750 SY $ m0 1113 REMOVE CONCRETE - INTERSECTION 750 SY $ c33 � $ _ REMOVE CONCRETE - INTERSECTION 750 SY $ ! U $ Note: One, two, three, or none of the bid alternates may be awarded. Bid amount of each of the above bid items must be filled in and completed. Work shown on the plans or included in the specifications, but not specifically mentioned in the above items of work shall be included in the bid and spread uniformly throughout the above items. Low bid shall be determined by the amount of the Base Bid Total (Base Bid Items subtotal plus Supplemental Items subtotal). Alternate bid items may or may not be awarded, at the sole discretion of the City of Gilroy. Granite Rock Company Name of Bidder ** *END OF SECTION * *' * (P) after quantity denotes partial pay item: (F) after quantity denotes final pay quantity, (S) after quantity denotes special item. SECTION 00310 18 303844 AIc�R7 ® CERTIFICATE OF LIABILITY INSURANCE DATE (MMMDNYYY) 4/8/201/8 /2015 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 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 Construction & Real Estate Practice NAME:' PHONE FAX AiC No Wells Fargo Insurance Services USA, Inc - CA Lic#: OD08408 959 Skyway Rd., 2nd FI ErL CertRequests @wellsfargo.com INSU S AFFORDING COVERAGE NAIC # San. Carlos, CA 94070 INSURER A. Zurich American Insurance Co 16535 INSURED Granite Rock Company INSURERS: Westchester Fire Insurance Company 10030 INSURER C : American Zurich Insurance Company 40142 PO Box 50001 INSURER 0: MED EXP (Any -one person) INSURER E : XCU Hazards INSURER E Watsonville, CA 95077 COVERAGES CERTIFICATE NUMBER: 8993746 REVISION NUMBER: See below 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 CONTRACTOR 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 AL_ L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP 1 MM/DD/YYYY LIMA A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR X X GLO347266813 09/30/2014 09/30/2015 C OCCURRENCE . EACH $ 1,000.000 DAMAGE TO RENTED PREMISES Ea occurrence $. 3.00,000 X MED EXP (Any -one person) $ 10,000 XCU Hazards X Contractual Liability PERSONAL &ADV -INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE- - $ 2.000,000 POLICY � EC F] LOC PRODUCTS - COMP /ORAGG $ 2.000,000 $ OTHER: A AUTOMOBILE LIABILnY X BAP347266913 09/30/2014 09/30/2015 COMBINED SINGLE LIMIT Ea acciden $ 1;000,000 _ _ BODILY INJURY (Per, person) $ ANY AUTO _ ALL OWNED SCHEDULED AUTOS -- AUTOS 1X__ BODILY INJURY (Per accident); $ PReOPPEc'RTY DAMAGE $ NON -OWNED HIREDAUTOS x AUTOS $ B X UMBRELLA LIAR x OCCUR G22009163010 09/30/2014 09/30/2015 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10;000,000 EXCESS LIAR CLAIMS -MADE DED- _ _RETENTION $ $ C WORKERS COMFENSA710N AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED7 �FN (Mandatory In NH) N/A X WC347266713 09/30/2014 09/30/2015 x STATUTE ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 1-01- 01,Additional Remarks Schedule, may be attached H d) more space is require CA20480299 ;UGL1.175ECW0412,WC040306 RE: BIDDING PURPOSES ONLY FOR EIGLEBERRY STREET RESURFACING PROJECT- PROJECT NO. 14-PW -213. The City of Gilroy, its officers, elected or appointed officials, employees, agents and volunteers are named as additional insured as respects' general liability and automobile liability, per endorsement attached. THE CITY OF GILROY, ITS OFFICERS, ELECTED OR APPOINTED OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ATTN: RISK MANAGER 7351 ROSANNA STREET GILROY, CA 95020 The ACORD name and loco are registered marks of ACORD 25 (2014101) 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 All riahts reserved Additional Insured -- Automatic — Owners, Lessees Or Contractors ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eft. Date of End. Producer No. Add'I. Prom Retum Preen. GLO347266813 09/30/2014 09/30/2015 Named Insured: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Granite Rock Company Address (including ZIP Code): PO Box 50001 Watsonville, CA 95077 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 11— Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. However, if you have entered into a construction contract or construction agreement with an additional insured person or organization, the insurance afforded to such additional insured only applies to the extent permitted by law. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or "personal and advertising injury" covered under Section I — Coverage A Bodily Injury And Property Damage Liability and Section I — Coverage B — Personal And Advertising Injury Liability, 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, and resulting directly from your ongoing operations or "your work as included in the "products- completed operations hazard", which is the subject of the written contract or written agreement. C. However, regardless of the provisions of Paragraphs A. and B. above:. 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. U-GL- 1175 -E CW (04/12) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1' E. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section iV — Commercial General Liability Conditions: The additional insured must see to it that 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non - contributory. F. For the coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contractor written agreement requires that this insurance be primary and non - contributory with respect to any other policy upon which the additional insured is a Named Insured. in that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV - Commercial General Liability Conditions: This insurance is excess over Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence ", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written 'contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. G. This endorsement does not apply to an additional insured which has been added to this ,policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U- GL-1175 -E CW (04/12) Page 2 of 2 Includes copyrighted material of Insurance Seryioss Office, Inc., with its permission. POLICY NUMBER: BAP347266913 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT 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 FORM With 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 organization(s) who are 'Insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 09/30/2014 Countersigned ®®ed By: 9��wyi+iw� Authorized Representative) Named Insured: Granite Rock Company SCHEDULE Name of Person(s) or Organzzation(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL 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. (If no entry appears 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 that person or organization qualifies as an 'insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4,-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 0. 00 % of the California workers' compensation pre- mium otherwise due on such remuneration. Person or Organization 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 FOR WORK PERFORMED BY YOU FOR THAT PERSON AND /OR ORGANIZATION. WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Schedule Job Description ALL CA LOCATIONS Page 1of1