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13-193 Precision Concrete, Agreement for 2013 Sidewalk RepairOFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: WWW.CUPE!rtino.org CUPERTINO December 5, 2013 Precision Concrete P.O. Box 8013 Foster City, CA 94404 RE: Agreement Enclosed -for your records is a ,fully executed: original copy of your agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777 -3354. Sincerely, /D'CAO�s >"�� Dorothy Steenfott Senior Office Assistant cc: Public Works Enclosure AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PRECISION CONCRETE CUTTING FOR _2013 SIDEWALK REPAIR THIS AGREEMENT, for reference dated November r I , 2013, 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 Concrete Cutting for 2013 Sidewalk Repair with the Scope of Services per Exhibit "A ", in accordance with the proposal dated October 29, 2013. 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 June 30, 2014- . 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 proposal (Exhibit "A ") dated October 29, 2013 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 CONTRZACTOR: Page 1 of 12 Contractor Agreement Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's proposal, 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 Concrete Maintenance fund. 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. 5. 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. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of an 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. 7. 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 Page 2 of 12 Contractor Agreement Contractor. 8. 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. 9. 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 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. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall Page 3 of 12 Contractor Agreement 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." Contractor shall also provide a certification before commencement of work under this Agreement, which states, " "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 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. limits: A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liabili Commercial general liability coverage in the following minimum Bodily Injury: $1,000,000 each. occurrence $2,000,000 aggregate - all other Property Damage: $500,000 each occurrence $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 Page 4of12 Contractor Agreement 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 Cib� 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. 11. BONDS: Contractor is not required to provide bonds. Page 5 of 12 Contractor Agreement 12. PROHIBITION AGAINST TR4,NSFERS: 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. 13. 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 subcontractim, 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 vnsurance 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. 14. 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 Page 6 of 12 Contractor Agreement hereunder. 15. 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 concerning the status of services required under this Agreement. 16. 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 prolAde 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 oilier 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. 17. 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 Page 7 of 12 Contractor Agreement 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 Attn: Joseph Ortega 18. 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. The Contractor shall develop and irriplement 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 Page 8 -of 12 Contractor Agreement 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 terminate 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. 20. COMPLIANCE: Contractor shall comply with all laws., state or federal and all ordinances, rules and regulations enacted or issued by City. A. PREVAILING WAGES: Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. The City shall require payment of the Page 9 of 12 Contractor Agreement general rate of per diem wages or the general rate of per diem wages for holiday and overtime work. Contractor will submit monthly certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and /or forfeit of outstanding payment to Contractor. B. WORKING DAY: Contractor shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, muss: be compensated as overtime, at not less than 1 1/2 times the basic rate of pay. C. PAYROLL RECORDS: Contractor shall comply with California Labor Code Section 1776 which. requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The Payroll Records shall be made available for inspection as provided in California Labor Code Section 1776. D. APPRENTICES: Contractor shall comply with California Labor Code Section 1777.5 regarding apprentices. 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. Page 10 of 12 Contractor Agreement 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. 24. 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. 26. 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 11 of 12 Contractor Agreement P.O. No.: 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 By By_� Tire{ rden, Director of Public Works Named emb" Date �3 7 Title gfm ` p Date t7 if RECOMMENDED FOR APPROVAL: G Address �,q �' ' I�G� �C�Et Title.ciner.rinc Tt -chn�c :pct J41,1 1% °/ G� �1D3� APPROVED AS TO FORM: `1 By Carol Korade, City Attorney ATTEST: Gracie Schmidt, City Clerk Contract Amount: $25,000.00 Account No.: 270- 8403 -9326 z Page 12 of 12 r��¢/ / Contractor Agreement 96 �`•_0 r, l d EXHIBIT A TNp 1ioxAteN 4t�novuF Sp�atiaeu 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 sidewalk off -set and multiplying this average by the length of the cut. Example: A sidewalk off -set 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: $ 33.5 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 sidewalk off -set 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: J D Joseph Ortega, Municipal Account Manager October 29, 2013 City of Cupertino Representative: X Print Name: Title: Date: Page 2 of 3 City of Cupertino "Not to Exceed" Proposal — October 29, 2013 278419 °® CERTIFICATE OF LIABILITY INSURANCE DATE D/ 100/18//18/20113 3 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 Construction and Real Estate Practice Wells Fargo Insurance Services USA, Inc. - CA Lic #' OD08408 959 Skyway Road San Carlos, CA 94070 CONTACT NIAME: PHONE FAx (866) 358 -1587 1vC No Ex A/C No E-MAIL certrequests @wellsfargo.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Peerless Insurance Company 24198 INSURED Precision Emprise Inc. DBA: Precision Concrete Cutting PO Box 8013 Foster City CA 94404 IIVSURER B: Nationwide Mutual Insurance Company 23787 INSURER C: _ GL8956038 IIVSURER D: 6/30/2014 IIVSURER E: $ 1,000,000 IIVSURER F; $ 500,000 COVFRAGFS CERTIFICATE NUMBER: 6746718 REVISION NUMBER: See helnw 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 LTR TYpE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY MWDD/YYYY LIMITS A GENERAL LIABILITY X X _ GL8956038 6/30/2013 6/30/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED occurrence $ 500,000 CLAIMS -MADE 1XI OCCUR MEDEXP' (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2;000,000 $ POLICY X PRO LOC B AUTOMOBILE LIABILITY X X _ ACPBA7824900654 2/12/2013 2/12/2014 MBINED Ea a.d."ISINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED X SCHEDULED AUTOS AUTOS IX PROPER -Z DAMAGE Per accident $ NON -OWNED HIRED AUTOS X AUTOS UMBRELLA LWB OCCUR EACH OCCURRENCE $ AGGREGATE '$ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE _ WC STATU- OTH- TORY LIMITS R E.L. EACH ACCIDENT $ F—] OFFICERIMEMBER EXCLUDED? N NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT 1 $ If yes, describe under DESCRIPTION OF OPERATIONS below _ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) CA 20 48 02 99,AC 24 04 05 04,GECG970(01/11) City of Cupertino, its City Council, boards and commissions, officers, employees, and volunteers is named as additional insured as respects general liability and automobile liability per endorsements attached. rCQTIFIreTF 41n1 nFR CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Manager tY 9 ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave. Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD @ 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MWDD/YYYY) 4/3/2013 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 Truex Insurance Agency 2291 W. March Lane, Suite 100A Stockton CA 95207 C'ME: g NTA T Laura Galla her NA FHONE , (209)477 -1111 FAX o.(209)d78 -0217 E l lgallagher @truexins.com INSURERS AFFORDING COVERAGE NAIC # _ 114SURERA:Security National Ins Co 19879 INSURED Precision Emprise Inc, DBA Precision Concrete Cutting ID- 474563 PO Box 8013 Foster City CA 94404 II4SURER B: Brian Dillon /LAURA II4SURERC: 114SURERD: $ INSURER E: $ 114SURERF: $ COVFRAGES CERTIFICATE NUMBER:13 -14 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 LTR TYPE OF INSURANCE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN POLICY NUMBER MWDCD/fYYY MMID Y EXP LIMITS AUTHORIZED REPRESENTATIVE Cupertino, CA 95014 GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE r_1 OCCUR Brian Dillon /LAURA EACH OCCURRENCE $ DAMAGE TO N PREMISES Ea occurrence) $ MED£XP (Anyone person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON-OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccident) $ $ UMBRELLA LIAB EXCESS LIA6 OCCUR CLAIMS -MADE EACH OCCURRENCE $ I AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/FXECUTIVE YIN OFFICER/MEMBEREXCLUDED? y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA _ WC1021353 /1/2013 /1/2014 X WC STATU- I OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks&:hedule, ff more space is required) Evidence of Insurance. *Regarding any non - payment of premium, 10 days notice will be given. P`COTICIr'ATF urIl nFR u_ANCFI I.ATION ACORD 25 (2010105) INS025 (2oiomyoi ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 10300 Torre Ave AUTHORIZED REPRESENTATIVE Cupertino, CA 95014 Brian Dillon /LAURA ACORD 25 (2010105) INS025 (2oiomyoi ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: ACP13A7824900654 COMMERCIAL AUTO ISSUE DATE: - - THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): City of Cupertino Attn: City Manager 10300 Torre Ave. Cupertino, CA 95014 (If no entry appears above, information required to c•.omplot.e this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an 'Insured" for Liability Coverage, but only to the extent that person or organization qualifies as an insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. City of Cupertino, its City Council, boards and commissions, officers, employees, and volunteers is named as additional insured as respects automobile liability. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 COMMERCIAL AUTO AC 24 04 05 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: City of Cupertino Attn: City Manager 10300 Torre Ave. Cupertino, CA 95014 The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — BUSINESS AUTO CONDITIONS) is amended by the addition of the following: We wane any right of recovery we may have against the person or organization shown in the Schedule above to the extent required of you by a written contract executed prier to any "accident" because of payments we make for damages under this coverage form. This waiver applies only to the person or organization shown in the Schedule above. All terms and conditions of this policy apply unless modified by this endorsement. AC 24 04 05 04 Page 1 of 1 t J 0. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL LIABILITY GOLD ENDORSE MENT - CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I —COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABII.rrY 2. Exclusions Item 2.g. 2) Is replaced with the following: 2.g. 2) a watercraft you do not own that is: a) less than 50 feet long; and b) Not being used to carry persons or property fix a charge. Item 2.g. 6) is added: 6) An akcraft in which you have no ownership interest and that you have chartered with crew. The last paragraph of 2. Exckisions Is replaced with the following: Exclusions c. through n. do not apply to damage by fire, explosiai, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permlevion of the owner, or managed by you under a written agreement with the owner. A separate limit of insuran,m applies to this coverage as described In Secdon iII — Limits of Insurance. SECTION I — COVERAGES COVERAGE C. MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed: 3. Limb The medical expense limit provided by this policy shall be the grefler of. a. $10,000; or b. The amount shown in the declarations. Coverage C. Medical Payments is primary and not contributing with any other Insurance, even If that other Insurance Is also primary. The following is added: COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expenses" Incurred by you for the withdrawal of your products, provided that: a. Such withdrawal Is required because of a determination by you during the policy period, that the use or consumption of your products could result in "bodily injury" or "property damage°; and b. The "product recall nodflcadon expenses" are incurred and reported to us during the policy period. The most we will pay for "product recall notification expenses" during the policy period Is $100,000. SUPPLEMENTARY PAYMENTS —COVERAGES A AND B Item b. and d. are replaced with: b. The cost of bail bonds required because of accidents or traffic, law violations arising out of the use of any vehicle to which the Bodily injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the Insured at our request to assist us in the Investigation or defense of the claim or "sult" Including actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted matedal of Insurance Services Offiaerr Inc.. with Its permission. GECG 970 (01111) Page 1 of SECTION II — WHO IS AN INSURED Item 4. is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizsitlons you acquire or form during the policy period over which you maintain a controlling, Interest of greater than 50% of the stock or assets, will qualify as a Named Insured If: a) you have the responsibility of placing Insurance for such entity; and b) coverage for the entity is not otherwise more specifically provided; and c) the entity is incorporated or organized under the laws of the United States of America. However, coverage under this provision does not apply to "bodily Injury' or "property damage" that occurred before you acquired or formed the entity, or "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the entity. Coverage under this provision Is afforded only until the end of the policy period, or the twelve (12) month anniversary of the policy Inception date whichever is earlier. SECTION III — LIMITS OF INSURANCE Paragraph 2. is amended to include: The General Aggregate Limit of Insurance applies separately to ea+:h "location" owned by you, rented to you, or occupied by you with the permission of the owner. Paragraph 6. Is replaced with the following: 6. Subject to 5. above, the Fire Damage Limit is the most we will psly under Coverage A for damages because of "property damage" to premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, arising out of any one fire, explosion or sprinkler leakage incident. The Fire Damage Limit provided by this policy shall be the greater of: a. $500,000 or b. The amount shown in the Declarations. SECTION IV— COMMERCIAL GENERAL LiABILiTYCONDITIONS Item 2. a. Is replaced with: 2. Dudes In The Event of Occurrence, Offense, Claim or Suit a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is swan) of the "occurrence ", offense, claim, or "suit". Knowledge of an "occurrence ", offense, claim or "suit" by other employees) does not Imply you also have such knowledge. To the extent possible, notice to us should Include: 1) How, when and where the "occurrence "or offense took place; 2) The names and addresses of any Injured persons and witnesses; and 3) The nature and location of any injury or damage arising out of the "occurrence ", offense, claim or "suit'. Item 4. b. 1) b) is replaced with: b. Excess Insurance 1) b) That Is Fire, Explosion or Sprinkler Leakage Insurance for premises while rented to you, temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner, or item 6. is amended to include: 6. Representations d. If you unintentionally fail to disclose any hazards existing atthe Inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. Includes copyrighted materiel or Insurance services oftic en Inc., with Its permission. GECG 970 (01111) Page 2 of 4 {J tl Item 8. is replaced with: 8. Transfer of Righls Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The Insured must do nothing after loss to Impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written "Insured contract ", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under that written "insured contract" for that person or orgentzemon and Included In the "products - completed operations hazard ". Item 10. and Item 11. are added: 10. Cancellatlon Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least e0 days prior to the effective date of cancellation. 11. Moralization If we adopt a change In our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension Is effective upon the approval of such broader overage in your state. SECTION -V — DEFINITIONS The following defin(tions are added or changed: 9. "Insured ontract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnifles any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporarily occupied by you with permission of the owner, or managed by you under a written agreement with the owner Is not an "Insured amtract ". 23. and 24. are added: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway, waterway or right- of-way of a railroad. 24. "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or television announcements and transportation cost), necessarily incurred In arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products. The following Provislons are aim added tothis Coverage Part: A. ADDITIONAL INSUREDS — BY CONTRACT, A©REEMENT OR PERMIT 1. Paragraph 2. under SECTION 11 — WHO IS AN INSURED Is amended to Include as an Insured any person or organization when you and such person or organtudon have agreed In writing in a contract, agreement or permit that such person or organization be added as an additional Insured on your policy to provide Insurance such as Is afforded under this Coverage Part. Such person or organizetlon Is not entitled to -any notices that we are required to send to the Named Insured and Is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organizatton's status as an Insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. Includes copyrighted material of Insurance SWces Otis:; Inc., with Its permission. GECG 970 (01/11) Page 3 of 2. This endorsement provision A. does not apply: a. Unless the written contract or agreement has been executed, or permit has been Issued, prior to the "bodily injury", "property damage" or "personal and advertising Injury' b. To "bodily injury" or'property damage" occurring after: (1) All work, Including materials, parts or equipment furnished In connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the Injury or damage arises has been put to Its Intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for principal as a part of the ,same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, Inspection, architectural or engineering activities; d. To "bodily injury', "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional Insured's sole negligence or wrongdoing; 9. To any person or organization specifically designated an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement Issued by us and made a part of this policy B. PRIMARY NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL Li U31LITY CONDITIONS is amended as follows: a. The following is added to paragraph a. Prkrary Insurance: If an additional Insured's policy has an Other Insurance provision making its policy excess, and you have agreed In a written "construction contract" to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. For the purposes of this endorsement, "construction contact" means a written contract or written agreement other than a premises lease, facilities rental contract or agreement, an equipment rental or lease agreement, or a permit Issued by a state, county, municipality or other governmental authority. b. The following is added to paragraph b. Excess Insurance: (3) Except as specified in paragraph a., above, any other insurance in which a party who Is an additional Insured hereunder Is designated as a Named Insured. Regardless of the terms of any written agreement batween you and an additional Insured, this insurance is excess over any other Insurance whether primary, excess, contingent or on any other basis for which the additional Insured has been added as an additional Insured. Includes copyrighted material of Insurance Services Offices Inc., with its permission. t3ECG 970 (01!11) Page 4 ofd