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HomeMy WebLinkAboutITB-15-19 Clear Creek Trail Contruction AgreementCITY OF WHEAT RIDGE ITB-15-19 CLEAR CREEK TRAIL CONSTRUCTION AGREEMENT THIS AGREEMENT, made this 28th day of July 2015 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and Concrete Express, Inc (dba CEI), doing business as a Corporation, whose busmess address is 2027 West Colfax Avenue, Denver, CO 80027. hereinafter called "Contractor". WITNESSETH. That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1 The Contractor agrees to furnish all materials, supplies tools, equipment, labor and other servtces necessary to complete the construction or the Project t1tled, ITB-15-1 9, CLEAR CREEK TRAIL CONSTRUCTION tn accordance with the Contract Btd Documents. The work shall include, but not be ltmited to, a 10-foot wlde concrete trail with gravel shoulders along a section of Clear Creek from west of Kipling Street and north of 41 51 Ave The trail alignment follows an existing two-track in the eastern portion of the project area and a social trial in the western portion of the project area. The alignment parallels Clear Creek and its abutting wetlands tn the western portion of the project area The proJect also includes the demolition of fencing and installation of new single rail fencmg, and the addition of a new asphalt trailhead/parking area at Kipling Street, curb and gutter replacement, pedestrian and vehtcle access ramp modification. miscellaneous roadway repa1rs and stte restoratton to re-establish vegetation In dtsturbed areas of the construction zone The new trail will connect to an existing section of the Clear Creek Trail from Moore Street to Kipling Street 2. The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with the terms therein for the Total Contract amount. as btd, of Three Hundred Eighty- Eight Thousand Six Hundred Fifty Nine DOLLARS and Sixteen CENTS ($388,659.16) 3 The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14) calendar days after the date of the Notice to Proceed and to complete the same within 90 WORKING DAYS, subJect to work In the nesting areas. after the date of the Notice to Proceed unless the time for completion is extended otherwise by wntten changes to the Contract Btd Documents. 4. The term "CONTRACT BID DOCUMENTS" means and includes the followtng: A B c D E F G H I J Signature Page Advertisement for Bids Information for Bidders Contractor Qualification Bid Form Bid Schedule Ltst of Subcontractors Non-D1scriminat10n Assurance Illegal Alien Certtfication Non-CollUSIOn Affidavit K L M N 0 p Q R Q s B1d Bond Agreement Payment Bond Performance Bond Notice to Proceed F tnal Recetpt Project SpeCial Provisions General Provistons Addenda Drawings/Exhibits 5. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions. such amounts as required by the Contract Documents ITB-15-19 Clear Creek Trail Construction Agreement and Bonds Page 1 6. Section 2-3 of the City's Code of Laws is presented below· (a) FISCAL YEAR. Fiscal year for the City shall commence on January 1 and end on December 31. (b) BUDGET CONTAINS APPROPRIATIONS. The City Council shall annually adopt a budget 1n a manner cons1stent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by C1ty Council of each year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified there1n. During the course of each fiscal year, approval by the City Council of contracts for goods or servtces. and/or approval of bids for the provision of specified goods or services, shall likew1se constitute appropnat1ons of the amounts specified therem for the purposes specified therein. (c) NO CONTRACT TO EXCEED APPROPRIATION Durmg each and any fiscal year, no contract entered mto by or on behalf of the C1ty shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by on behalf of the City wh1ch. by Its terms, Involves the expenditure of money for any of the purposes for whtch provision is made either in the adopted budget or adopting resolut1on is made either m the adopted budget or adoptmg resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid amount Any contract or bid award, either verbal or wntten, made in violation of the provisions of this Sect1on shall be void as to the City and no C1ty monies from any source whatsoever shall be paid thereon. (d) AMENDMENTS AND AUTHORIZED EXPENDITURES. Noth1ng contamed herein shall preclude the Ctty Counctl from adopting supplemental appropnation in a manner con- sistent with the provisions of Section 10 12 of the Home Rule Charter of the City of Wheat R1dge. Further, nothing contained m this Section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one year If such contracts are otherw1se allowed by the Home Rule Charter of the City, provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such serv1ces to be rendered tn succeeding fiscal years. The City Manager IS authorized to review and approve change orders and modifications up to ten (10%) percent of the original contract amount. (e) NOTICE TO PARTIES CONTRACTING WITH THE CITY. All persons contracting with, or selling goods or services to, the City are hereby placed on notice of the provisions of this Section. The provisions of th1s Section shall become a part of the Ment System Personnel Rules and Regulations of the City of Wheal Ridge, shall be referred to specifically in all public works b1d documents and contracts; and shall be Incorporated into, or specifically noted within. all other contracts entered into by or on behalf of the City wherein City funds are used to pay for said contract. (f) The City may, by contract, require the contractor awarded a public works contract to waive. release or extinguish it rights to recover costs or damages. or obtain an equitable adjustment, for delays in performing such contract, if such delay is caused, in whole or part, by acts or omissions of the City or Its agents, if the contract prov1des that an extension of time for completion of the work 1s the Contractor's remedy for such delay. Such a clause is valid and enforceable, any prov1sion of State Law to the contrary not- withstanding. ITB-15-19 Clear Creek Trail Construction Agreement and Bonds Page 2 (g) The C1ty Counc1l, by this ordtnance, declares its local contracting powers to be a matter of purely local concern, and further specifically tntends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 103 5, C.R.S., insofar as they conflict with the provisions of thts Section of the Code of Laws of the Ctty of Wheat Ridge, Colorado 7. NOTICES Any notice or communication given pursuant to this Agreement to the City shall be made in writing. City Contact: Contractor Contact: Name Mark Ruote Name: Address: Parks, Forestry and Open Space Address Diviston 7500 W. 29"' Ave Wheat Rtdge, CO 80033 E-matl mruote@c1 wheatridge co us Email Phone: 303-205-7553 Phone Cell: 720-244-3306 Cell. 8 The Contractor agrees to abtde by the requirements under EXECUTIVE ORDER NO. 11246 as amended. includrng spectfically the provisions governed by the Equal Opportunity Commtssion and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991, and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race. color, or national origin be excluded from participation in the opportunity to bid, or be dtscrtminated against in cons1deratton of award of this project. 9 In accordance with CRS Title 24, Article 91. Section 103.6, Paragraph 2. Subparagraph a, the City of Wheat R1dge hereby states that funds have been appropriated for this Project in an amount equal to or tn excess of the Origmal Contract Amount. 10 Illegal Ahens -Public Contracts for Services. CRS 8-17.5-101 and Public law 208, 104tn Congress, as amended and expanded in Public law 156, 1 oatn Congress, as amended The Contactor certifies that he/she shall comply with the provisions of CRS 8-17.5-101et seq The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an tllegal alien. The Contractor represents. warrants, and agrees that it (i) has venfled that it does not employ any illegal aliens, through participation 1n the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (il) otherw1se w1ll comply with the requirements of CRS 8-17.5-101 (2)(b)(l) The Contractor shall comply with all reasonable requests made tn the course of an investigation by the CO Department of Labor and Employment If the Contractor falls to comply With any requirement of this proviston or CRS 8-17.5-101 et seq , the City may termtnate this contract for breach and the Contractor shall be liable for actual and consequential damages to the City. 11. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, admimstrators, successors, and ass1gns ITB-15-19 Clear Creek Trail Construction Agreement and Bonds Page 3 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in Two (2) copies, each of which shall be deemed an original on the date first above wntten. ATTEST: ~t:Cf;T ~ , CITY CLERK j/le.l':J ~ 5-te:veAO,P<tp~ t• ~t-i<<IL.. ~ \0 cYDt5 ATTEST TO CONTRACTOR: NAME Daniel P. O'Dea Secretary TITLE DATE OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 303-234-5900 CONTRACTOR r c-t COMPANY NAME A d--Dd-1 w ~ Ccl-R"A 1\je_. Del)v££; 0.0 RoaD~ ADDRESS =:::::-o'DEA VICE PRESIDENT TITLE DATE ITB-15-19 Clear Creek Trail Construction Agreement and Bonds Page4 Bond No. 106334344 PAYMENT BONO KNOW ALL MEN BY THESE PRESENTS. that Concrete Express. Inc. (dba CEI) (Name of Contractor) 2027 West Colfax Ave .. Denver. CO 80027 (Address of Contractor) A • Corporation heremafler called "PRINCIPAL", and Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square, Hartford, CT 06183-6014 (Address of Surety) heremafter called "Surety", are held and firmly bound unto the C1ty of Wheat R1dge. 7500 West 29th Avenue, Wheat R1dge, Colorado 80033, hereinafter called "Owner", in the penal sum of Three Hundred Eighty-Eight Thousand Six Hundred Fifty Nine DOLLARS and Sixteen CENTS ($388,659.16) in lawful money of the Umled Slates, for the payment of which sum well and truly to be made, we bind ourselves. successors and assigns. JOintly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas. the Principal entered into a certain contract w1th the Owner, dated the 28th day of July 2015, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-15-19, CLEAR CREEK TRAIL CONSTRUCTION. NOW, THEREFORE if the Principal shall promptly make payment to all persons, nrms, Subcontractors and corporations furnishing materials for or performmg labor in the prosecution of the Work provided for 10 such contract and any authorized extension or modification thereof, includmg all amounts due for materials. lubncants, oil. gasohne, coal and coke, reparrs on machmery, equrpment and tools, consumed or used 1n connect1on w1th the construction of such Work, and all rnsurance premiums on said WORK, and for all labor performed rn such work whether by Subcontractor or otherwise, then this obligation shall be vo1d, otherwise to rema1n in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extenston of lime, alteration or addilton to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall tn any w1se affect 1ts obligation on this Bond. and il does hereby waive notice of any such change. e:densron of time, alteration or addition to the terms of the Contract or to the Work or to the Specihcat10ns. 'Insert "a corporatron", "a partnership'', or "an Individual" as applicable. ITB-1 5-19 Clear Creek Trail Construction Agreement and Bonds Page 5 IN WITNESS WHEREOF, this Payment Bond instrument is executed tn ONE part, each of which shall be deemed an original, this the 31st dayof ____________ ~Ju~ly~---------------------·2015 2027 West Colfax Avenue ADDRESS 1705 17th Street, Suite 100 ADDRESS Denver, CO 80202 (SEAL) PRINCIPAL Concrete Express, Inc. dba CEI PRINCIPAL BY Denver, CO 80204 SURETY JOSEPH M. O'DEA VICE PRESIDENT Travelers Casualty and Surety Company of America SURETY Jenntfer L. Clampert One Tower Square ADDRESS Hartford, CT 06183-6014 Note: Date of Bond must not be prior to date of Contract. If Contractor IS partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ITB-15-19 Clear Creek Trail Construction Agreement and Bonds C[~ 1 1705 17th Stte<!t, suue 100 Oi!nVet. CO 80201 Phon" JOl.Sl-4 1567 Page 6 Bond No. 106334344 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that Concrete Express, Inc. (dba CEI) (Name of Contractor) 2027 West Colfax Ave .. Denver. CO 80027 (Address of Contractor) A • Corporation, hereinafter called "PRINCIPAL", and Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square, Hartford, CT 06183-6014 (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat R1dge, Colorado 80033, here1nafter called "Owner", in the penal sum of Three Hundred Eighty-Eight Thousand Six Hundred Fifty Nine DOLLARS and Sixteen CENTS ($388,659.16) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves. successors, and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the 28th day of July 2015. a copy of which is hereto attached and made a part hereof for the Project litled, ITB-15-19, CLEAR CREEK TRAIL CONSTRUCTION. NOW. THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void: otherwise to remain in full force and effecL PROVIDED, FURTHER, that the sa1d SURETY for value rece1ved hereby stipulates and agrees that no change, extens1on of time, alteration or addition to the terms of the contract or to the Work to be performed or the Specifications accompanying the same shall in any w1se affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms or the Contract or to the Work or the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. ·Insert "a corporation", "a partnership'', or "an individual" as applicable. ITB-15-19 Clear Creek Trail Construction Agreement and Bonds Page 7 IN WITNESS WHEREOF, thts Performance Bond Instrument is executed in ONE part, each or which shall be deemed an anginal, this the 31st day of ______ Ju'-ly'-------· 2015. PRINCIPAL Concrete Express, Inc. dba CEI Danie . O'OecfRINCIPAL Secretary 2027 West Colfax Avenue ADDRESS BY Denver, CO 80204 ADDRESS Denver, CO 80204 SURETY JOSEPH M. O'DEA VICE PRESIDENT Travelers Casualty and Surety Company of America SURETY 1705 17th Street SUite 100 ADDRESS Jennifer L. Clamper. Denver CO 80202 One Tower Square ADDRESS Hartford CT 06183-6014 (SEAL) Note: Date or Bond must not be pnor to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORT ANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570. as amended) and be authorized to transact business in the State or Colorado. ITB-15-19 Clear Creek Trail Construction Agreement and Bonds (!§) 11705 171h Sttttll. Suit• 100 l).<n~r. LO 1t0l0.! l'huru: 303 53-1 4$67 Page 8 WARNING. THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE REO BORDER ~ POWER OF ATTORNEY TRAVELERS J ,\llorncy-ln Fact No. Farmington Cusuah) Company Fidelity and Guaranty Insurance Comp:ln} fidelil) and Guarani} insurance lodcnlritcrs.Jnc. St. f'aul fire and Marine Insurance Compan)' St. Paul Guardian Insurance Company St. Paul Mer<"ur} lnsunmce Compan) Tral'dl'r~ Casualt) und Surcl~· Complln) "l'rawlers Casualty and Suret) Com pan) of America linitcd Stnlc~ Fidclit~ m1d Guarani} Company Certificate No. 006300124 KNOW Al.L M.E~ B\ THESE PRESENTS Th.ll F;tmnngton CihU>tli} Cumpun). St Pm,tl Fire ami \!anne ln~unnu:.· Chmpany. St. Pm1l Guurcliun lll~urancc Company. St. Paul Mercury lnsurnnce Company. TrnvcJe[!; Casu11lty and Surety Ct,mpany Travelers ClL•uah) and Surety Company or Amcnc~. attd Unucd States hdcllty :tnd Guarani}' Compm1y me O.:(•I'JX•ratlmb dul~ o1gam~hd under the luw' llf the State ol Cunnectkut. tllill Ftdcht~ anli Gunrnnt\' ln,uruncc Comp;m} IS 3 ~ilrpllrntiun duly mg.am1cd unJer the Jaw' ol the Slllte ul lllWJ. and that Fitlehty and Guruunt) Insurance Und<!rwntcf!;.Jnc ·~a corporuuon dul) ••rg.tnlzcd under the laws ol th\) S1a1c of Wa-cnn~in (herem collec11~el) c •• llcd the ··companae' ) and 1ha1 the Cnmpnnaes do hcrrb)' nmh.e . .:onsllluW iln.l app01nt Rllh~·rt 1.. Ct•hl!ll. Shnyll Sh:.t\\. Sarah F1nn. Nit:oll! L. Mt:C.IIIam. Ruhcrt J. Ro.:ilc1. B,,,llk) J. Jcllrc''· Kri,l\!11 l.. Mt:Ctlrlllicl-. Mkh.1d I. be her Jr , Br:tndi J Tctk·y. and Jcunilcr L. Cl:tmpcrl nr the Cit~ (If Denver . Slat\! (\I Colnrado . their lf\JI! .llld Jawlul Alll'mcy(\HJI·Fucl . .:ach an 1hc1r !.eparat~ capacn} tl more than one l!o named above. Ill ~agn, execute, ~cal and ucknowlcJgc any and all hood~. recugnl7.ancc,. condauooal undcnakmgs and uther wnlln~' ohligatot) m the nature lhcrcol on behalf or the Comparu~~ '" their bU'liiC~~ of guurantccmg tha: lideht~ or J')o!rson~. gtHtrantccmg the pcrfonnnncc nf .:ontrud" .mll cwcuung or guarnntccmg \xlnd~ nnd undcruu.ing, rc<JUin:tl 111 pcrrnlitcd 111 any t~clinn~ or pro,c.:ding~ iilhmc.t I>) Ia\\, 91h IN\-\ ITNI':SS \VI1EREOI',the Comp:amc~ h,t\C cau't'd thi., tn,muncnllo he ,li!IU.!d 11nd thc1r ~·nrporate ~cal' to be hcrctn ,,ffi-.;.:d.thi' ----------- d f Jtil) 2015 -lt) I) SHale ilf COTHICCII<'lll Ctt) of Hanford ~- Farmington Caloualty Compan) F'iddit}' und Guaranty Jnsurance Cnmpany Fidelity mtd Guaranty Insurance l 1ndcnrrilers, Inc. St. P11ul fin: and t\l11rinc ln,uranc~: <:ompan) St. t'uul Gunrdinn lnsurancl' Compan)' By St. t'aul Mereu•·~ ln~uruncc Cuml)llny Tr:•wlers Cnsuulty und Surct) Curnpany Tra1·elers Casual!) nod Surety Company of America United Stat.-:. Fidclit~ and Guaranty C<lmpntJ~ ~'""'"'' On th" I he Ylh dn) nf July 20 I:\ be tore me personally appeared Robcn L. Rune) who ttcknmvledged htmselfto be the Scmur Vice PreMtlcnt of Famtington C'a~ualty Compan}. FiJcllt) .md Guaranty ln\unmcc Compan). l"idt:hty mtd Guamm~ lnwruncc Llntlcrwritcr\,lnc .• St Puul F1re nntl Manne ln,urance Company, St. Pnul Guardaan hl5umnce Cump;ln}, St Pnul Mcrcu11 Jn,urance Company. Truvelc1"' Ca,u.11ly and Surety Compan)'. Tnl\•dcr~ C<Lwillty Jtul Surety Comp.my of Amencn. anu Una ted 'it..tte~ Fiddaty .md Guarnnt) Company and tllUl he.~ ~uch. !Jcang .111thorued ~~~ tl1 do. ~~ecuterl tlw foregomg '"'trumcm for the purpt.w.~~ thcn:111 C(!nt;uncd hy 'igning nn behalf ur the corpora111W> b~ h•m,df n,, <1 Llulj authorill'd ufll.:cr In Witnt~~s Whcn.•of, I hcrcuntn ..et 111~ hand and nfli..:u!l ~cal. \1) C'nnuni,,iun c~p1re' th.: JOth Ua)llf June. 2016 58440·8·12 Pnnted in U.SA WARNING:THIS POWER OF ATTORNEY IS INVALIDWITHOUTTHE RED BORDER c.j~ ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/'I'YYY) ~ 08/03/2U5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERnFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERnFICATE 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 t he terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not c~nfer rights to the certificate holder In lieu of such endorsement(s). PRODUCER ~-303-534-4567 CONTACT IMA, -Colorado Division NA~ T FAX ---Inc. r;'~~xtl; (A/C~~: 1705 17th Street -~O~~SS: DenAcaountTeche~imacorp.com Suite 100 INSURER(S} AFFORDING COVERAGE NAICII Denver, CO 80202 INSURER A: TRAVELERS PROP CAS CO OP AMER 25674 INSURED INSURER B. TRAVELERS Itm CO OF AMER 25666 Concrete Express, Inc. INSURERC : - 2027 West Colfax Avenue l'i§_URER D. 1~s~E'll..;_ - Denver, CO 80204 INSURER F: COVERAGES CERTIFICATE NUMBER· 44712039 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INStJRED 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 TYPE OF INSURANCE AODL SUBR ~~~~hlgM~~ ,:gTJ~WvY, UMITS LTR .IN!;O lwvn POliCY NUMBER A X COMMERCIAL GENERAL LIABILITY VTC2JCOS644B02ATIL15 05/01/15 05/01/16 EACI~ OCCURRENCE s 1,000,000 -- CLAIMS·MAOE fXl OCCUR l)'A'MAt;l:"lefRENTEO el -- -.Jffi!iMJ§§_@i~..'!'!flg! s30o,ooo MED EXP (MY one PinOlll ss.ooo ~ PERSONAL & A.DV INJURY s 1,000,000 -==r•t AGGREGATE LIMIT A.PPI.IES PER: GENERAL AGGREGATE s 2,000,000 (!]PRO· D PRODUCTS · COM PlOP AGG s 2,000,000 POLICY JECT LOC OTHER s A AUTOMOBILE UABILITY VTC2JCAP5644B031TIL15 05/01/15 05/01/16 COMBINED SINGLE LIMIT s 1,000.000 [g.~- X ANYAUTO SOOIL Y INJURY (PI!< person) s -ALL.OWIIIEO SCHEDULED BODILY IIIIJURV (Per aoo!leot) s AUTOS AUTOS ~ HIRED AUTOS -NOIII-OWNED PROPERTY DAMAGE X AUTOS (Per aoclcfQn!l s -s A ~ UMBRELLA LIAS ~ OCCUR I I ZOPSlM30999lSNF 05/01/15 05/01/16 EACH OCCURRENCE s 10,000,000 EXCESS LIAB Cl.AIMS·MAOEj AGGREGATE 2_10,000,000 -OED I X I RETEIIITIONS 10,000 s B WORKERS COMPENSATION VTC2KUB5644BOSS1S 05/01/15 05/01/16 •ill' j__lf}. AND EMPLOYERS" LIABILITY Y/N I ST~IYJE Eft ANY PROPRIETOR/PARTNER/EXECUTIVE ~ N/A EL EACHACCID~ S 1,000,000 OFFICER/MEMBER EXCLUDED? I -(Mandat.ory In NH) E L OJSEASE-EA EMPLOYE $ 1, 000,000 If ~s. deseribe under -- 0 CRIPTION OF OPERATIONS lxllow EL DISEASE-POLICY LIMIT S 1, 000,000 I DESCRIPTION OF OPERATIONS ILOCAnONS I VEHICLES (ACORD 101, Additional R~marks SchRdule, may bo attached If more space Is requlred) City of Wheat Ridge, its officers, agents and employees are included as Additional Insureds on the General, .1\utomobile, and Umbre~a Liability Policies if required by written contract or agreement and witb respect to work performed by Insured subject to the policy terms and conditions. A Waiver of Subrogation is provided in favor of Additional Insureds on the General, Automobile Liability and Workers Compensation Policies if required by written contract or agreement and with respect to work performed by Insured subject to the policy terms and conditions . This Insurance is Primary and Non-Contributory on the General Liability Policy subject t:o the policy terms and conditions. CERTIFICATE HOLDER RE: ITB-15-19 Clear Creek City of Wbeat Ridge 7500 w. ?9tb Ave. Wheat Ridge, co 80033 I ACORD 25 (2014/01) ashmcclain CANCELLATION Trail Construction. SHOULD ANY OF TliE ABOVE DESCRIBED POUC1ES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE USA !U © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CONCRETE EXPRESS, INC. POLICY #VTC2JC05644802ATIL 15 EFFECTIVE 05/01/2015-05101/2016 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED-(Section II} Is amended to include any person or organization that you agree In a "written contract requiring insurance" to Include as an additional Insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury'', 11property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the Independent acts or omissions of such person or organizatron. 2. The insurance provided to the additional insured by this endorsement Is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liabilfty required by the "written contract requiring insurance'', the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described In Section Ill -Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erly damage" or "personal Injury" arising out of the rendering of, or failure to render. any professional architectural, engineering or sur- veying services, including: I. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and il. Supervisory, inspection, architectural or engineering activities. c) The Insurance provided to the additional in- sured does not apply to "bodily injury" or "properly damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional Insured, and then the insurance provided to the additional Insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the ''written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The Insurance provided to the additional Insured by this endorsement Is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that Is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the addillonal insured which covers that person or organization as a named insured for such loss, and we will not share with that "other Insurance". But the insurance provided to the additional insured by this endorsement sllll is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional Insured under such "other insur- ance". 4. As a condition of coverage provided to the additional Insured by this endorsement: a) The additional Insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG 02 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 CONCRETE EXPRESS, INC. POLICY #VTC2JC05644B02A TIL 15 EFFECTIVE 05/01/2015 • 05/01/2016 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; a.nd iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" Is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit'' and the date received; and ii. Notify us as soon as practicable. The additional Insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legai papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional Insured must lender the de· fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional Insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTiON V. -DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury'' and "property damage" oc- curs and the "personal injury'' is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG 02 46 08 05 I CONCRETE EXPRESS, INC. POLICY #VTC2JC05644802A TIL 15 EFFECTIVE: 05/01/2015 • 05/01/2016 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement. The following listing Is a general cover- age description only. Umitalions and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You c. Increased Supplementary Payments D. Incidental Medical Malpraclice E. Who Is An Insured -Newly Acquired Or Formed Organizations F. Who Is An Insured -Broadened Named Insured -Unnamed Subsidiaries G. Blanket Additional Insured -Owners, Managers Or Lessors Of Premises PROVISIONS A. B. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I -COVERAGES -COVERAGE A BODILY IN· JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that Is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex· elusion J., Damage To Property, in Para- graph 2. of SECTION I -COVERAGES - COVERAGE A BOD!L Y INJURY AND PROPERTY DAMAGE LIABILITY Is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A. BODILY H. Blanket Addillonal Insured -Lessors Of Leased Equipment I. Blanket Additional Insured -Stales Or Political Subdivisions -Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Sl!brogallon M. Amended Bodily Injury Definition N. Contractual Liability -Railroads INJURY AND PROPERTY DAMAGE LI - ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion t.(1 )(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section 1-Coverage A -Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion -All Poilu· lion Injury Or Damage or Total Pollution Ex- clusion in its tille. A separate limit of insurance applies to "premises damage'' as described in Para- graph 6. of SECTION Ill -LIMITS OF IN· SURANCE. CG D3 16 1111 ® 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 CONCRETE EXPRESS, INC. POLICY #VTC2JC05644B02ATIL 15 EFFECTIVE: 05/01/2015 -05101/2016 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- TION Ill -LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit Is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit wlll apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from: fire; explosion; lightning; smoke resultlng from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Lim1t on the Declarations of this Coverage Part: or b. $300,000 1f no amount Is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI· TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that Indemnifies any person or organization for "premises damage" is not an ''Insured contract"; 5. The following Is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you wllh permission or the owner: or b. The contents or any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1 )(b) of SECTION IV -COMMERC IAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV - COMMERCIAL GENERAL LIABILITY CON· DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS -COVER· AGES A AND B of SECTION I -COVER- AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which lhe Bodily Injury Liabmty Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS -COVER· AGES A AND B of SECTION I -COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit'', including aotualloss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION II-WHO IS AN INSURED; Paragraph (1)(d) above does not apply lo "bodily Injury" arising out or providing or fall- ing to provide: (i) "Incidental medical services" by any of your "employees" who Is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer worKers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing dulles related to the conduct of your busi- ness. Page 2 of 6 e 2011 The Travelers Indemnity Company. All rights resarved. CGD3 161111 CONCRETE EXPRESS, INC. POLICY #VTC2JC05644802ATIL 15 EFFECTIVE: 05/01/2015 • 05/01/2016 3. The following is added to Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE· For lhe purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions commllted in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I -COV- ERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or Instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental. or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation Is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV -COM- MERCIAL GENERAL LIABILITY CONDI· TIONS: The insurance is excess over any valid and collecllble other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers'' for "bodily injury'' that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II -Who Is An Insured. E. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION II -WHO IS AN INSURED: COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- jority ownership Interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that or- ganization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in wri1ing to us within 180 days after you acquire or form it, and we agree In writing that It will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to ''bodily injury" or "property damage'' that occurred before you acquired or formed the organization; and c. Coverage 8 does not apply to "personal in- jury" or "advertising Injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED-BROADENED NAMED INSURED -UNNAMED SUBSIDIARIES The following is added to SECTION II -WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodily Injury" or "property damage" that occurred, or "personal Injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, thai you no longer maintain an ownership interest of more than 50% In such sub- sidiary. CG D3 16 1111 e 2011 The Tfavelers lndemnhy Company. All rlgh!s rese!Ved. Page 3 of 6 CONCRETE EXPRESS, INC. POLICY #VTC2JC05644802ATIL 15 EFFECTIVE: 05/01/2015-05/01/2016 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED -OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and lhat you have agreed In a written conlract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily Injury", "property damage", "personal injury" or "advertising injury" that: a. Is ''bodily injury" or "property damage" that occurs, or is ''personal injury'' or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which- ever are less, b. The insurance provided to such premises owner, manager or lessor does not apply to: (1 ) Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising Injury" caused by an offense that Is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other Insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the wrllten contract or agreement that this in- surance must be primary to, or non- contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other insur- ance. H. BLANKET ADDITIONAL INSURED -LESSORS OF LEASED EQUIPMENT The following Is added to SECTION II -WHO IS AN INSURED: Any person or organrzatlon that is an equipment lessor and that you have agreed in a written con- tract or agreement to Include as an insured on this Coverage Part Is an insured, but only with re- spect to liabillty for "bodily injury", "property dam- age", "personal injury" or ''advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or 1s "personal injury" or ''advertising injury" caused by an offense that Is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor Is subject to the following provisions: a. The limits of insurance provided to such e!juipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations. whichever are less. b. The Insurance provided to such equipment lessor does not apply to any "bodily Injury" or "property damage" that occurs, or "personal injury" or "advertising Injury" caused by an of- fense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non-contributory With, such other Insurance, in which case this insurance will be primary to, and non-contributory with, such other In- surance. I. BLANKET ADDITIONAL INSURED -STATES OR POLITICAL SUBDIVISIONS-PERMITS The rollowlng is added to SECTION II -WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required Page 4 or 6 @ 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 1111 CONCRETE EXPRESS, INC. POLICY #VTC2JC05644B02ATIL 15 EFFECTIVE: 05/01/2015-05/01/2016 by any ordinance, law or building code to Include as an additional Insured on this Coverage Part is an Insured, but only with respect to liability for "bodily Injury", "property damage", "personal in- jury" or "advertising Injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily Injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products-completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV -COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above. but only for the purposes or the in- surance provided under this Coverage Part to you or any Insured listed in Paragraph 1. or 2. of Section II -Who Is An Insured: (1) Notice lo us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (If you are an individual), any of your partners or members who Is an individual (If you are a partnership or joint venture), any of your managers who is an individual (if you are a limlled liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liabitrly company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are Individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense Is known by: (a) Any Individual who Is: (i) A partner or member of any part- nership or joint venture; COMMERCIAL GENERAL LIABILITY (li) A manager of any llmiled liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" autho(ized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable If il is given in good faith as soon as practicable to your work- ers' compensation Insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result In sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily Injury'' or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants'' which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following Is added to Paragraph 6., Repre- sentations. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any Information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION The following Is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 161111 a;, 2011 The Travelers Indemnity Company. All rights reserved . Page 5 of 6 CONCRETE EXPRESS, INC. POLICY #VTC2JC05644B02A TIL 15 EFFECTIVE: 05/01/2015-05/01/2016 COMMERCIAL GENERAL LIAB ILITY If the Insured has agreed In a contract or agree- ment to waive that insured's right of recovery against any parson or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury• or "advertising injury" caused by an offense !halls committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily Injury'' means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY-RAILROADS 1. The following replaces Paragraph c. of the definition of ''Insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition or "insured contract" In the DEFINITIONS Section is de- leted. Page 6 of 6 @ 2011llle Travelers Indemnity Company. All rlghls reserved. CG D3 161111 CONCRETE EXPRESS, INC. POLICY #VTC2JCAP56448031Tll 15 EFFECTIVE 05101/2015.05/01/2016 COMMERCIAL AUTO THIS ENDORS EMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modif1es insurance provided under the following. BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi· fled by the endorsement. GENERAL DESCRIPTION OF COVERAGE-This endorsement broadens coverage. However, coverage for any Injury, damage or medical expenses described in any or the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage Is excluded or limited by such an endorsement. The following lisltng Is a general cover· age description only Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your poficy carefully to determine rights, duties, and what is and Is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO 0 . EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS-INCREASED LIMITS F. HIRED AUTO LIMITED WORLDWIDE COVERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE-GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following Is added to Paragraph A.1., Who Is An Insured, of SECTION II -LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- Ing the policy period over which you maintain 50% or more ownershtp interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, Which· ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A .1 .• Who Is An Insured, of SECTION II-LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the ''bodily Injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- ltonal insured Is an "Insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganlzaUon qualifies as an •Jnsured" under the Who Is An Insured provision contained In Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1 .. Who Is An Insured, of SECTION II -LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name. with your permission, while performing duties related to the conduct of your busi- ness. CA T3 53 0310 © 2010 The Travelers lndomnlty Company. Page 1 of 4 Includes copyrighted material or Insurance Services Offioo, Inc. with lis permission. CONCRETE EXPRESS, INC. POLICY #VTC2JCAP56448031TIL 15 EFFECTIVE 05!01/2015 -05/01/2016 COMMERCIAL AUTO 2. The following replaces Paragraph b. In B.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "aulas" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that Is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- Ing a covered "auto" you don't own, hire or borrow In your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS-INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II -LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "Insured'' al our request, Including actual loss of earnings up to $500 a day be- cause of lime off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) In Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America apptres to and pro- hibits lhe transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (If you are a partnership), members (if you are a limited liability company} or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United Slates of America, Puerto Rico and Canada: (I) You must arrange to defend the "In- sured" against, and Investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (il) Neither you nor any other involved "insured" will make any settlement without our consenl (iii) We may, at our discretion, participate In defending the "insured" against, or In the settlement of, any claim or "suit''. (lv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of ''bodily Injury" or "property damage" to which this Insurance applies, that the "in- sured" pays with our consent, but only up to lhe limit described in Para- graph C., limit Of Insurance, of SEC- TION II -LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and Included within the limll described in Para- graph C., Limit Of Insurance, of SECTION II -LIABILITY COVER- AGE, and not In addition to such limit. Our duty to make such payments ends when we have used up lhe ap- plicable limit of insurance In pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and colleclible other insurance available Page 2 of 4 @ 2010 The Ttavolers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance Services Oltice, Inc. with Its permission. CONCRETE EXPRESS, INC. POLICY #VTC2JCAP56448031TIL 15 EFFECTIVE 05/01/2015-05/01/2016 to the "lnsured" whether primary, excess contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory Insurance In any such coun- try up to the minimum limits required by local law. Your failure to comply wllh compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with lhe compulsory In- surance requirements. (d) It Is understood that we are not an admlt- led or authorized insurer outside the United States of America, Its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance In any way wllh the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following Is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage ir lhe glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE-INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION Ill-PHYSICAL DAMAGE COVERAGE; However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses. of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. COMMERCIAL AUTO J. PERSONAL EFFECTS The following Is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only m the event of a total theft of your covered "auto". No deductlbles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph 8 .3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that In- nate due to a cause other than a cause or "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" Is a covered "auto" for Compre- hensive Coverage under this policy; b. The alrbags are not covered under any war- ranty; and c. The airbags were not Intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". l. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV-BUSINESS AUTO CONDITIONS: Your duly to give us or our authorized representa- tive prompt notice of the "accident" or 11loss'' ap- plies only when the "accident'' or "loss" is known to: (a) You (If you are an individual); (b) A partner (il you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or Insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- lice of the "accident" or "loss". CA T3 53 0310 ® 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission, CONCRETE EXPRESS, INC. POLICY #VTC2JCAP5644B031TIL 15 EFFECTIVE 05/01/2015 • 05/01/2016 COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident'' or "loss", provided that the "accident" or "foss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8.2., Con· ceafment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error In, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 ® 2010 The Travelers Indemnity Company. CA T3 53 0310 Includes copyrighted material of Insurance Services Otnca, Inc, with Its permission. CONCRETE EXPRESS, INC. ~ TRAVELERSJ ONE TOWER SQUARB HARTPOR01 CT 06183 POLICY #VTC2KUB5644805515 EFFECTIVE 0510112015 • 0510112016 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-01 POLICY NUMBER: VTC2K-UB-5644B05-5-15 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an inJury covered by this policy. We wlll 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.) This agreement shall not operate directly or Indirectly to benefit any one not named In the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY 1-TRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER STASSIGN: ~ TRAVELERSJ ONB TOWER SQOARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-01 POLICY NUMBER: VTC2K-UB-5644805-5-15 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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.) This agreement shall not operate directly or Indirectly to benefit any one not named In the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNlSH THIS WAIVER ST ASSIGN.