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12-090 Precision Concrete Cutting for Trip Hazards AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PRECISION CONCRETE CUTTING FOR p® . .5--# p REMOVAL OF CONCRETE TRIP HAZARDS 17- 44r1 THIS AGREEMENT, for reference dated A✓9, aq , 2012, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and PRECISION CONCRETE CUTTING , a California corporation, whose address is P.O. Box 8013, Foster City, CA 94404 hereinafter called the Contractor, and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. City and Contractor desire to enter into an agreement for removal of concrete trip hazards at various locations throughout the City. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within. Ten (10) working days after receiving notice from the Engineer to commence the work, and shall diligently prosecute the work to completion before the expiration of Thirty (30) consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with Specifications, Special Provisions and Plans, which Specifications, Special Provisions and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken from the Curb Gutter and Sidewalk Repair fund. Payment will be made by the City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month. Payment shall be made for 95% of the value of the work. The City shall retain 5% of the Page 1 of 10 Contractor Agreement value of the work as partial security for the completion of the work by Contractor. Retained amounts shall be paid to Contractor within Thirty days of acceptance by the City of the project. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds. 4. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 5. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 6. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 7. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 8. HOLD HARMLESS: [Construction agreements include public works, construction, renovation and remodeling, welding, plumbing, painting, electrical work and similar trades. Construction agreements with provisions seeking to indemnify for sole negligence, willful misconduct, or the City's own active negligence are void. (Civil Code section 2782(a),(b)). The standard indemnification clause for construction agreements is as follows:] Page 2 of 10 Contractor Agreement 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 provisions 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. 4. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount. class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, "Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate- all other Property Damage: $500,000 each occurrence Page 2. of 10 Contractor Agreement $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker' s compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 5. BONDS: Contractor shall furnish the following bonds from a bonding company acceptable to the City Attorney: A. Faithful Performance: A bond in the amount of 100% of the total contract price guaranteeing the faithful performance of this contract, and Page 4 of 10 Contractor Agreement B. Labor and Materials: A bond for labor and materials in the amount of 100% of the total contract price. 6. PROHIBITION AGAINST TRANSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 7. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 8. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. 9. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form as City may require, furnish reports Page 5 of 10 Contractor Agreement concerning the status of services required under this Agreement. 10. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 11. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Contractor to City shall be addressed to City at: City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Attention: Jo Anne Johnson All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Precision Concrete Cutting P.O. Box 8013 Foster City, CA 94404 Attention: Joseph Ortega 12. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. Page 6 of 10 Contractor Agreement The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean'work area by removing trash, litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction. These recommendations are intended to be used in conjunction with the States Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code ' 13385. 19. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may germinate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 1. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. Page 7 of 10 Contractor Agreement 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 22. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 34. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 25. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 46. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. Page 8 of 10 Contractor Agreement P.O. No.: 00O578 3 7 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR CITY OF CUPERTINO [Name of Contractor] A Municipal Corporation • j By •�sw Titl; _ /7"i r Title, - Date /07/ Date g 2,41 RECMNDED FOR APPROVAL: By_ Title pM%J/ o✓ks woJC_c_f/'7a (5.61- APPROVED AS TO FORM: City Attorney ATTEST: (77A(14■2vvl' 6t-4- City Clerk Contract Amount: $25,000 Account No. : 270-9451-9300 9/fqi)/ //2- Page 9 of 10 Contractor Agreement vim em. • CONCH: 'E CUTTING pity,Wasn't P.O.Box 8013,Foster City, CA 94404 /Phone:(650)867-8657/Fax(650)240-3866/CL#826745 August 20,2012 PROPOSAL FOR"NOT TO EXCEED"AGREEMENT BETWEEN: THE CITY OF CUPERTINO AND PRECISION CONCRETE CUTTING(PCC) Overview Uneven sidewalks caused by ground settling and tree roots cause a potential hazard to pedestrians. Displaced sidewalks cause problems for both public and private entities in the form of trip and fall liability exposure. It is proposed that the City of Cupertino and PCC enter into an agreement where by PCC will remove sidewalk trip hazards that have been identified by the City. The price for these services shall not to exceed the proposed dollar amount and quantity defined in the "Proposal Detail" section below. Background Information on Precision Concrete Cutting PCC has been removing trip hazards from sidewalks since 1990. The company does work throughout the United States and with dozens of cities in California. PCC has perfected the process of removing trip hazards by utilizing a unique saw cut method. The company's services comply with all of the requirements of the Americans With Disabilities Act by removing trip hazards the entire width of the sidewalk, cutting at the proper slope requirement, making sure the cut surface has the proper texture, and assuring a zero point of differential at the joints of concrete slabs (see federal register, attached). Additionally, PCC avoids contamination of storm drains by cutting dry and significantly reduces dust through its dust abatement unit. No other trip hazard removal method assures the same quality, ADA compliance and customer satisfaction that PCC is able to offer. To Date, PCC has been awarded 6 patents by 1.he US Patent and Trademark Office on our trip hazard removal equipment and process. The following is each patent description and number where they can be reviewed on the US Patent office web site--www.usr to.dov 6,827,074- Hub and blade combination patent 6,896,604- Dust hood patent 7,000,606 - Cutting apparatus and broadening patent 7,143,760- Method patent 7,201,644-Variations and broadening patent 7,402,095 - Extended methods patent Page 1 of 3 City o:'Cupertino"Not to Exceed"Proposal—August 20,2012 � r'\ EO: C1SfON �NO,•'CONCRETE CUTTING P.O.Box 8013,Foster City, CA 94404 /Phone:(650) 867-8657/Fax(650)240-3866/CL#826745 Proposal Detail Contract amount: Total charge for services rendered shall not exceed $25,000.00 Billing Units: Services are billed in"Inch Feet", An inch foot is calculated by measuring the average height of the trip hazard and multiplying this average by the length of the cut. Example:A trip hazard on a 4-foot wide sidewalk that consists of a 0.5" rise on one side, and tapers down to a zero rise on the other is calculated as follows: 0.5"+0"x 4ft= 1 inch foot 2 Unit Price: $ 33.25 per inch-foot Streets with Sidewalks to be Repaired: To be Identified by the City Emergency Services: PCC will provide a 12-hour response to emergency service calls. Emergency calls will be billed at$95 or the actual amount of Inch Feet cut,whichever is greater. Invoicing: All invoices will include detail of work completed including the measurements of the trip hazards removed(high side, low side and width)and the address of the location the cut was performed.All invoices will include the dollar amount of the work being billed and the remaining balance of the purchase order. Precision Concrete Cutting is committed to providing the highest quality service to our clients. Should you have any questions of comments, please do not hesitate to contact us. PCC Representative: City of Cu• ino Represe - ive: ..14414 0454 X, Joseph Ortega, Municipal Account Manager Pr' Name: August 20, 2012 itle: Date: Page 2 of 3 City of Cupertino"Not to Exceed"Proposal—August 20,2012 iFeciersi 14tistati Vol:56.No. bly 24.199.1 ilitiles and.Rzsulatiops ::-tvii iiatatita.itons'irin-Virizi'liMA' —.711=w? ' • 4i-5-Ground atd Floor Surfates aim . ExcerpistratuTederal Register P.artilt ...4. 11):) ..,...„........-001.40.„4„4„,.,„........:00:064,...—.-_::,....,12, :. - .. :icuot.sae:d.titottttLeretimicbt:inuyo:focch:114:0 1.) partinent of .-ranumaytevedfaitil 20 witioutcdpireatment. E-, • -..-•.. ' '.,chaospt. -iiii&la Igitivevia-t4in soinS itt(6.1int itod 13 ..- Justice . innil Viet (hark ? . AattripEsliedity'moos Tattiiimp ilni tompliiawith t Oftlee:Of the . . , 2itIllt 43- I. 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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: Construction and Real Estate Practice PHONE FAX (650)650 413-4497 _INC.No.Est): (A/C,No): Wells Fargo Insurance Services USA,Inc.-CA Lic#:0008408 E-MAIL P.DDRESS: cart ues 9 wellsfar o.com 959 Skyway Road INSURER(S)AFFORDING COVERAGE NAIC S San Carlos,CA 94070 INSURER A: Colony Insurance Company 39993 INSURED INSURER B: Nationwide Mutual Insurance Company 23787 Precision Empnse Inc.DBA: INSURER C: Preferred Employers Insurance Company 10900 Precision Concrete Cutting INSURER D: PO Box 8013 INSURER E: Foster City CA 94404 INSURER F: COVERAGES CERTIFICATE NUMBER: 4749130 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE.BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR wVD POLICY NUMBER (MMIDD/YYYY) IMMIDD/YYYY)I LIMITS A GENERAL LIABILITY X i i GL953489 6/30/2012 6/30/2013 EACH OCCURRENCE $ 1.000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 100.000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000.000 GENERAL AGGREGATE $ 2,000.000 rGEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY RI I JP l LOC B AUTOMOBILE LIABILITY ACPBA7814900654 2/12/2012 2/12/2013 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ -ALL OWNED I x SCHEDULED ' ;BODILY INJURY(Per accident) $ AUTO X H R OSAUTOS II :OWNED NED I PROPERTY PERTY DAMAGE $ ---- _ UMBRELLA LIAB` __I OCCUR EACH OCCURRENCE �S - EXCESS LIAB 'CLAIMS-MADE II! AGGREGATE I$ DED RETENTIONS $ COMPESATION C AND EMPLLOYERS'LIABILIITY Y/N X WKN1363844 14/1/2012 4/1/2013 _x I I WC TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE I i E.L.EACH ACCIDENT $ 1'000'000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ _ 1.000.000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT S 1.000,000 i DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Addkional Remarks Schedule.If more space Is required) UCG2503-0310,PEI104 05/01/98,U 46 20 3/10 The City of Cupertino("City')and its directors,offiers,engineers,agents and employees,and all public agencies from whom permits wil be obtained and their directors,officers,engineers,agents and employees,and the State of California,and its officers, agents and employees are named as additional insureds as respects general liability per endorsement attached. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10300 Torre Avenue THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE 9« l4- The ACORD name and logo are registered marks of ACORD ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - COMPLETED OPERATIONS & ONGOING OPERATIONS AS SCHEDULED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s): Location And Descri• ion Of 0•orations ALL PERSONS OR ORGANIZATIONS REQUIRED AS REQUIRED BY WRITTEN CONTRACT BY WRITTEN CONTRACT WITH THE NAMED INSURED FOR COMMERCIAL PROJECTS ONLY. A. Section II—Who Is An Insured is amended to include the person(s) or organization(s)shown in the Schedule(called additional insured), but only with respect to: (1) Liability for "bodily injury" or "property damage" caused, in whole or in part, resulting from "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard" when you and such person(s) or organization(s) have agreed in writing in a con- tract or agreement that such person(s) or organization(s) be named as an additional in- sured on your policy. (2) Liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by resulting from: (a)Your acts or omissions; or (b)The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the loca- tion(s) designated above. B. Section IV — Commercial General Liability Conditions, 4. Other Insurance is amended and the following added: If you are required by written contract to provide primary insurance, the insurance afforded by this Coverage Part for the additional insured shown in the Schedule is primary insurance and we will not seek contribution from any other insurance available to that additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U462-0310 Includes copyrighted material al ISO Properties, Inc., 2004 Page 1 of 1 with its pemiission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT - RESTRICTED FORM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: ALL CONSTRUCTION PROJECTS DURING THE POLICY TERM. (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I — COVERAGE C MEDICAL PAYMENTS, which can be attributed only to ongoing operations at a single designated con- struction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated con- struction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under SECTION I —COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except damages because of"bodily injury"or"property damage"included in the "products-completed operations hazard", and for medical expenses under SECTION I -COVERAGE C MEDICAL PAYMENTS regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing"suits". 3. Any payments made under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages or under SECTION I - COVERAGE C MEDICAL EXPENSES shall reduce the Designated Construction Project General Aggregate Limit for that desig- nated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damages to Premises Rented to You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 5. The most we will pay for the sum of all Designated Construction Project General Aggregate Limits combined and to which this insurance applies is$4,000,000. UCG2503-0310 Contains material Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 with Its permission. B. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and caused by accidents under SECTION I -COVERAGE C MEDICAL PAYMENTS, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages or under SECTION I - COVERAGE C MEDICAL PAYMENTS shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit, whichever is applicable:and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability resulting from the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard'will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page 2 of 2 Contains material Copyright, Insurance Services Office, Inc., 1996 UCG2503-0310 with its permission. Workers Compeneahon and Employers Wilily Preferrei Waiver of Our Rpbt to Recover from Others Elidorr emset—Captomla We have the Aft to recover our payments hem anyone Ilebie for an injury covered by Ws policy. We'MU not enforce our Oregalno!Om person or eramization nemed In the Sdgdute. (This agmemsnt applies only to the • extent that you perform stork under a wdlben contracttlat requires you to obtsln life eyreellrentfrom us.) You must molar payroll records mount*eureIthe remunscdbn dour employees while engaged In the work described kl the Schedule. The additional prank=for this sndmroment shell be dstatnlned by multiplying the Calbnlls tankers' compsnseton premium due on such remuneration by the factor two lbhsdule $ SllC.ti�IQ I‘pt ot*Ip bards OA city uldewea. The City of Cupertino ("City') and its directors, offiers, engineers, agents and employees, and all public agencies from whom permits wil be -obtained and their directors, officers, engineers, agents and employees, and the State of California, and its • officers, agents and employees. This endorsement Its subject to a minimum premium chorea ol $ k eds endowed slid try,filer,mitt or Mond ay Mho lime,oablbn or MOWN.ott poky W m Iona skid �Naedna alurdnu k ells MOM elri beheld to v ey,d m woks orindl alskmm ore lions,spasm*saddened Oda Mood MPR�ON=CRETE�f�tmhar WKN1363844 4/1/2012 did bewrd and AdWxm Part of Winn*Par*The dodo date Mils endorsement h el12A1A.11 Endoeaanl Noe 12 Die Need: Producer Nmb 80100 pow Nee Nos FA ROO es acB-RwNDOD d' a✓ R /r‘4.1. Aulhorhed Repreeenluo • PE1104 0rp1/28 I