Loading...
12-035 Lease Agreement, Voss Trucking Inc., Exhibit “1” to Stevens Creek Quarry Lease Agreement CITY OF EXHIBIT "1" to Stevens Creek Quarry Lease Agreement Voss Trucking Inc. Agreement CITY OF CUPERTINO 10300 Torre Avenue CUPERTINO Cupertino, CA 95014 �`— (� 408-777-3200 NO. ,470S-75?/.. J 7 / BY THIS AGREEMENT, made and entered into this 1_ day of March, 20121 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY)and VOSS TRUCKING INC.: Address: 12100 Stevens Canyon Road, Cupertino, CA 95014, Phone: (408) 253-2512; e-mail: richvoss @scginc.com (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Attached Exhibit"A" Scope of Services and Exhibit"B" City Insurance Requirements TERMS: The services and/or materials furnished under this Agreement shall commence on March / 2012, and shall be completed before February 28, 2017. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of$1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless.Contractor shall,to the fullest extent allowed by law, indemnify,defend,and hold harmless the City and its officers,officials,agents, employees and volunteers against any and all liability, claims,stop notices, actions,causes of action or demands whatsoever from and against any of them,including any injury to or death of any person or damage to property or other liability of any nature,arising out of,pertaining to,or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys'fees of counsel of City's choice,expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provision:,identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by,for,with,or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here,Contractor agrees to be fully responsible according to the terms of this section. Insurance. Should the City require evidence of insurability,Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin,ancestry,religion or sex of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: 1 it 1111111.. NAME: Cheri Donnelly DEPARTMENT: Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement th- say and year first written above. CONTRA' ': CITY OF�PERTIN : By ,rL ' - tl: - By C/Lc 4 L - Title Title: L ri ' 3� Soc. Sec. #or Tax I.D 212 APPROVALS EXPENDITURE DISTRIBUTION DEPAR • HEAD _ o _ACCOUNT NUMBER AMOUNT A, E l N/A CI ERA k T E /-Z 5.2C) }t u 3 )ti x'50 Contractor Agreement Rev January 2012 CUPERTINO LEASE AGREEMENT This lease is entered into between Stevens Creek Quarry, Inc. a California Corporation, ("LANDLORD"), and the City of Cupertino ("TENANT"). Now, therefore, in consideration of the mutual covenants and agreements herein contained, the parties herein agree as follows: This lease is made this day of March, 2012 between Stevens Creek Quarry, Inc. and the City of Cupertino, California. The Landlord is the owner of and hereby leases to the Tenant those certain premises situated in the County of Santa Clara, State of California, ("Premises") and more particularly described in Paragraph "U" attached hereto. A. The premises are to be used solely for a facility for the delivery and distribution of compost to Cupertino residents and for no other purpose without the written consent of the Landlord. The Tenant has the right to make any improvements, additions, building or construction within the premises area that is associated with this use upon prior approval by the Landlord. Any improvements, buildings, additions or construction made by the Tenant shall remain the property of the Tenant unless affixed to the real property. B. The Tenant shall not assign, mortgage, or hypothecate this lease, or any interest therein, or permit the use of the premises by any person or persons other than the Tenant, or the subject premises or any other part thereof, without the written consent of the Landlord. Consent of any such assignment of subletting shall not be refused without cause. C. The term of this lease shall commence on March, , 2012 and shall terminate on February 28, 2017, for a total period of five years. Either party may terminate this agreement upon a 30-day notice. D. The Tenant agrees to compensate the Landlord, for use of the premises, by means of providing the Landlord with an allocation of compost, determined on an annual basis, but not more than half, based upon the City of Cupertino's total allocation of compost, and any excess which is unused by the City of Cupertino annually by the end of October. Compost will be used by Landlord at Stevens Creek Quarry, and will not be sold to another party. The Tenant agrees that the Landlord has first right of refusal to any and all compost material not used by the City of Cupertino. The Tenant agrees that the separate contract between the City of Cupertino and Rich Voss Trucking, Inc. is part of the terms and compensation of this lease. A copy of the 3/1/12 agreement with Rich Voss Trucking, Inc. (Exhibit"1") is attached hereto and incorporated herein. E. In the event that the Tenant shall be in default of payment of compensation to the Landlord or default in payment to the Rich Voss Trucking, Inc. for the hauling of the materials or default for payment to the Landlord for development costs to the premises, the Landlord will, prior to commencing any action of termination of the lease and/or rejection from the premises, give the Tenant 10 days written notice of his demand for the payments of all above agreements. F. The Tenant agrees to pay the charges for all utilities supplied to the Tenant including, but not limited to, sanitary portable toilets, portable wash stations and cell phone(s). G. The Tenant agrees to acquire and pay for any installation costs for any and all utilities needed and used by the Tenant. H. The Tenant agrees to indemnify and hold harmless the Landlord from and against any and all liability, arising out of or incident to any injury to person or persons and/or damage to property on or about said leased premises and/or any property bordering said premises resulting directly or indirectly, from the use or occupancy of said premises or any act of omission or breach of any obligation hereunder by the Tenant, its employees, its agents, contractors, vendors, or invitees. The only exception to this indemnification is any liability due to the sole negligence of the Landlord. The Tenant agrees, as its own expense, to maintain during the life of the Lease or any extended lease term, to supply a self-insured policy in excess of One Million Dollars ($1,000,000.00) specifically naming Stevens Creek Quarry, Inc. as the Additional Insured. I. The Tenant agrees to take full responsibility for the acquisition of and payment of any permits and/or fees related to the Tenants operation and/or the premises. J. It is mutually agreed that this Agreement is made upon and subject to the terms, covenants, and conditions of this Lease and that the Tenants and Landlord covenant as a material part of the consideration for this Lease, to keep and perform each and all of the terms, covenants, and conditions by him to be kept or performed and that this lease is made upon the condition of each performance. K. Should either party hereto institute any legal action to enforce any provision hereof, the prevailing party in such action shall be entitled to receive from the losing party such amount as the Court may adjudge to be reasonable attorney's fees and costs. L. If any term, covenant, or condition or provision of this lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions, hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. M. Nothing contained in this lease shall be deemed or construed by the parties hereby or by any third person to create the relationship of principal and agent or of partnership of joint venture or of any other association other than Landlord and Tenant. 3/1/12 N. A notice of communication under this lease by either party to the other shall be sufficiently given or delivered if dispatched by registered mail, postage paid, addressed as follows: 1. In case of notice or communication to the Landlord: STEVENS CREEK QUARRY, INC. 12100 Stevens Canyon Road Cupertino, CA 95014 2. In case of notice or communication to the Tenant: Cheri Donnelly, Environmental Programs Manager CITY OF CUPERTINO 10300 Tone Avenue Cupertino, CA 95014 O. The Tenant agrees to maintain the Premises in a safe manner, to be clear and free of weeds and debris, to be at all times kept in a state of appearance that does not distract from the Landlord's property. P. The Tenant agrees to maintain the -Premises in a manner which complies with all local and county fire regulations. Q. The Tenant agrees to secure the Premises and provide security in a manner that the Premises do not affect the Landlord's property. R. The Tenant shall supply the Landlord with 24 hour a day access to the Premises. S. The Tenant agrees to operate on the premises in a manner that will not cause any interference to the operation of the Landlord. T. The Landlord agrees to provide the Tenant a graded site for the Tenant's Premises. The Landlord agrees to maintain an access road from Stevens Canyon Road to the compost site. Maintenance will include periodic grading, dust control and following best management practices for storm water pollution prevention. Any additional work to be done for the Tenant to finish the site, for the Tenant's operations, that will be performed by the Landlord will be paid for by the Tenant. Any other development of the premises, including fencing, will be paid for by the Tenant. U. The Premises shall be located on the Landlord's property, bordering Stevens Canyon Road on its Northeast side and bordering both property owned by the County of Santa Clara and the Sunnyvale Rod and Gun Club on its North Side, with the Landlord's property bordering it on its West and South sides. V. The Tenant agrees to support Stevens Creek Quarry, Inc.,the Landlord, in use permit matters associated with this lease. W. The Tenant agrees that this lease agreement, during its life or not, in no way implies, reflects intent, or puts upon any restrictions, and/or future restrictions pertaining to the 3/1/12 current use, current development, or future development and/or use of Stevens Creek Quarry, Inc.,the Landlord's property. X. The Tenant agrees to obtain written permission from the Landlord for any uses of the Landlord's property for easements or access pertaining to the Tenants use of the Premises. Y. The terms and provisions hereof shall be banding upon and insured to the benefit of the heirs, executors, administrators, successors, and assigns and transferees of the Landlord including successors in interest to the subject premise. Executed in Cupertino, California on the I day of March 2012 LANDLORD: TENANT: STEVENS CREEK QUARRY, INC. CITY OF CUPERTINO ( .\o,vvaM A Vss Det_jiit,o)Lv Printed Nam City Manager A .0°::1•1 " Attest: Signature . \til 41.— City Clerk Reviewed By: „/".27 C ai'K ecY,7,7 y Attorney CITY OF EXHIBIT "1.A" CUPERTINO TO VOSS TRUCKING AGREEMENT SCOPE OF SERVICES The City of Cupertino agrees to pay Rich Voss Trucking, Inc. a sum of$200.00 per 5-axle truckload (14 cubic yard load) for transport of the Stevens Creek Quarry, Inc.'s allocation of compost hauled from the compost site at South Valley Organics, 3675 Pacheco Pass Hwy. Gilroy, CA, 95020 to Stevens Creek Quarry, Inc., for use by Stevens Creek Quarry, Inc. The compost hauled to Stevens Creek Quarry is for use by the quarry on quarry property. Compost will not be sold by the quarry. ➢ The per-load price may increase/decrease proportionately to published Public Utilities Commission price changes for trucking services. ➢ Monthly invoicing will be prepared by Rich Voss Trucking, Inc. for the months when compost is delivered. Rich Voss Trucking, Inc. agrees that at all times when transporting compost material on behalf of the City of Cupertino that it will adhere to the following operational provisions: ➢ All material will be covered or contained so as to avoid any spillage onto City streets or causing damage to property including but riot limited to windshields. ➢ All speed limits and pertinent Vehicle Code provisions shall be complied with. ➢ All transport of materials shall only occur between the hours of 8:00 a.m. and 5:00 p.m. ➢ Only established truck routes to and from t;he quarry shall be used. ➢ Noise levels of its operations will be kept to the absolute minimum feasible so as to not disturb residents. 3/1/2012 CITY OF DOCUMENT 00530 EXHIBIT "1.B" CITY OF CUPERTINO INSURANCE FORMS CUPERTINO AND INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. ALL DOCUMENTS MUST BE ORIGINALS 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. City of Cupertino 00530- 1 Insurance Forms January 2012 CITY OF i,rN CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. City of Cupertino 00530-2 Insurance Forms LIMITS Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California—Worker's comp "statutory" per CA Law; Employers' Liability $1,000,000 per occurrence. General Liability - commercial general liability; Combined single limit of$1.0 million per including provisions for contractual liability, occurrence; $2.0 million in the aggregate personal injury, independent contractors and products—completed operations hazard. Automobile Liability - comprehensive covering Combined single limit of$1.0 million per owned, non-owned and hired automobiles. occurrence. n2By:_/12), (Contractor's Name) Dated: WV eV\ k 20 a-- City of Cupertino 00530-3 Insurance Forms ACORD Ton CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 02/15/2012 ITHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HANSEN INSURANCE AGENCY &C,N,EMI: 831.722.9666 a,No):831.722.2932 License #0831440 E-MAIL ADDRESS: 800 East Lake Avenue PF:ODUCER Watsonville, CA 95076 S,SSTOMERID>T INSURER(S)AFFORDING COVERAGE NAIL X INSURED INSURER A: Financial Pacific Insurance Co 31453 RICH VOSS TRUCKING, INC. INSURER B: Praetorian Insurance Company 02643 12100 Stevens Canyon Rd. INSURERC: Hallmark Insurance Group 18605 Cupertino, CA 95014 INSURERD: Sparta Insurance Company 20613 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 2012-2013 AL,GL,XS,WC&PD REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR INSR WVD 1 POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY], LIMITS GENERAL LIABILITY 1670503 02/15/2012 02/15/2013 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ 50,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 A PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 —I POLICY X JECT LOC $ AUTOMOBILE LIABILITY P000910057707 02/15/2012 02/15/2013 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ B SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ $2 500 Ded NON-OWNED AUTOS $ UMBRELLA LIAB X OCCUR 66HX1216A9 02/15/2012 02/15/2013 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 C DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION 006WK013700012/31/2011 12/31/2012 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER D ANYICPROMEMBE EXC UDEE ECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 H describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Automobile Physical Damage 16199 5904 02/15/2012 02/15/2013 $5,000 Ded. Collision $5,000 Ded. Comprehensive DE$CRJ PTION OF OPE TJONS/4OCATIONS,/VEHICLES(Attach ACORD 1111,Additional Remarks hedule,if more space is requi ) Limits at policy inception. *Except 10 days notice for non-payment 01 premium. Certificate holder is named as an Additional Insured under the Automobile Liability policy as per the attached form AU-CN-AS-0224 (09/04). Sob Name/Description: Trucking Operations within the State of California CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino Attn: Accounts payable AUTHORIZED REPRESENTATIVE �OC6I nI" V )10300 Torre Avenue Cupertino, CA 95014 Michelle Conrique/MICHE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- COMBINED FORM - AUTOMOBILE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 02i'16M2012 Policy Number: P0009.100677-07 Named Rich Voss Trucking,Inc. Countersigned by: Insured: (Authorized Representative) "WHO IS AN INSURED" (Section II)is amended to include only those categories of person(s)or organization(s) described below in paragraphs A, B, and C with whom you are obligated by a written contract or written agree- ment to provide insurance such as is afforded by this policy, provided such persons or organizations are a lessor of leased autos, engaged in the operations of a shipper or trucker,or a State or other political subdivision, and subject to the following: A. If the Additional Insured is a lessor of leased autos this insurance does not apply: (1)To any"occurrence"which takes place after the equipment lease expires,or when the lessor or his or her agent takes possession of the leased auto",whichever occurs first. B. If the Additional Insured is engaged in operations as a"Shipper"or"Trucker",coverage afforded by this policy shall only apply as respects to liability arising out of hauling done by the Insured for the Additional Insured. C. If the Additional Insured is a state or other political subdivision: (1)This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2)This insurance does not apply to"bodily injury","property damage"arising out of operations performed for the state or political subdivision. The insurance afforded to the Additional Insured is only with respect to the Additional Insured's vicarious liability for your negligent acts or omissions. No coverage is afforded or extended by this endorsement for any claims arising out of the negligence or willful misconduct of the Additional Insured. It is further agreed that we will not be responsible for the payment of attorney's fees and costs in the defense of the Additional Insured that are attributable to claims that do not fall within the coverage of this Endorsement,and we have the right to allocate the payment of attorney's fees and costs between covered and uncovered claims at any time,including upon accepting the Additional Insured's tender of defense. AU-CN-AS-0224 (09/2004) PAGE 1 of 2 As used in this endorsement: "Trucker" means any person or organization engaged in the business of transporting property for hire by "auto". "Shipper" means any person or organization who hires, contracts or directs a "Trucker"to transport property for or on their behalf. AU-ON-AS-0224(09/2004) PAGE 2 OF 2 ACORD TM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) r., 12/29/2011 I •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 f'yEPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HANSEN INSURANCE AGENCY PHCO Nc ,Ext): 831.722.9666 ac.No):831.722.2932 License #0831440 E-MAIL ADDRESS: 8O0 Eais.t Lake Avenue PRODUCER _CUSTOMER ID#. --Wai>sorivi 11 e, CA 95076 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Sparta Insurance Company 20613 RICH VOSS TRUCKING, INC. INSURER B: 12100 Stevens Canyon Rd. INSURER C: Cupertino, CA 95014 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 2011-2012 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS-R_' TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR .,- INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED •COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEP'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ I.! '•1'!r'POUCY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) • ' ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS r':,. BODILY INJURY (Per accident) $ --r- SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ - ---RETENTION $ $ WORKERS,C„i,CND EMPLOYERS'RS'LIABILITY Y I N 006WK013 7000 12/31/2011 12/31/2012 X TORY LIMITS LIMITS OER A ANY RO RIEtOR EXC UDEE?ECUTIVE NIA UPDATE TO WORKERS E.L.EACH ACCIDENT $ 1,000,000 ,(Mandatory In NH) COMP. ONLY! ! ! E.L.DISEASE-EA EMPLOYEE $ 1,000,000 'If yes describe under DESCRIPTION OF OPERATIONS below E,L.DISEASE-POLICY LIMIT $ 1,000,000 i.-DwmpTrioN OF OPE TJONS/LOCATIONS,/VEHICLES Attach ACORD 101 Additional Rerparks Schedule,if more space is requIre L 'ts at policy inception. *Except 10*Except notice 'tor non-payment or premium. dERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF CUPERTINO Attn: Accounts payable AUTHORIZED REPRESENTATIVE 41A041 U ' 10300 Torre Avenue Cupertino, CA 95014 Michelle Conrique/MICHE ©1988-2009 ACORD CORPORATION. All rights reserved. ACgORD 25(2009/09) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED •- COMBINED FORM - AUTOMOBILE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 02/15/2011 Policy Number: P000910057706 Named RICH VOSS TRUCKING,INC. Countersigned by:Lauren A.Boltz Insured: (Authorized Representative) "WHO IS AN INSURED" (Section II) is amended to include only those categories of person(s) or organization(s) described below in paragraphs A, B, and C with whom you are obligated by a written contract or written agreement to provide insurance such as is afforded by this policy, provided such persons or organizations are a lessor of leased autos, engaged in the operations of a shipper or trucker, or a State or other political subdivision, and subject to the following: A. If the Additional Insured is a lessor of leased autos this insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. A. If the Additional Insured is engaged in operations as a "Shipper" or "Trucker", coverage afforded by this policy shall only apply as respects to liability arising cut of hauling done by the Insured for the Additional Insured. B. If the Additional Insured is a state or other political subdivision: (1) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) This insurance does not apply to "bodily injury", "property damage" arising out of operations performed for the state or political subdivision. The insurance afforded to the Additional Insured is only with respect to the Additional Insured's vicarious liability for your negligent acts or omissions. No coverage is afforded or extended by this endorsement for any claims arising out of the negligence or willful misconduct of the Additional Insured. AU-CN-AS-0224 (09/2004) PAGE 1 OF 2 Aco® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 1% _ 9/30/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT SO W NAME: y Wong Druml Group, Inc. P','/((?.NNE,. . (8 0 0)949-6247 A/C No: (650)341-8352 1135 Farragut Blvd ADDRESS:dmahler @drumlgroup.com _ INSURERS AFFORDING COVERAGE NAIC# Foster City CA 94404 INSURERA:State Compensation Ins Fund 35076 INSURED INSURER B: Stevens Creek Quarry, Inc. INSURERC: Broom Service, Inc. INSURER D: 12100 Stevens Canyon Road INSURER E: Cupertino CA 95014 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1393000747 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION O= 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 ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS-MADE E OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PRO LOC _ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ — $ A WORKERS COMPENSATION X WC ITATU- CRY LIMITS I OTH- AND EMPLOYERS'LIABILITY Y/N ER ANY OFFICER/MEMBER/EXCLUDED?ECUTIVE� N/A E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) 9074458-2013 10/01/2013 10/1/2014 E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1_000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks S(hadule,if more space is required) [Re: All California operations of the Named Insured in which the Certificate Holder has an insurable interest.] CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue - Cupertino, CA 95014 AIITHORIZED REPRESENTATIVE So5r Wong/SWONG ACORD 25(2010/05) — ©1988-2010 ACORD CORPORATION. All rights reserved. INS02Si?ninnsi m Th. ACr1Rr1 n­­4 Innn ern ronicfcrnrl-6.of All r1Rr1