Loading...
14-170 Spencon Construction, Inc. for installation of curb at the Service Center I OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO,CA 95014-3255 TELEPHONE:(408)777-3223•FAX: (408)777-3366 WEBSITE:www.cupertino.org CUPERTINO I December 1, 2014 SpenCon Construction Inc. P.O. Box 1220 Danville, CA 94526 Re: Agreement for Installation of Curb at Service Center. Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works ACREEME!`1T BETWEEN THE CITY OF CUPERTINO ANIS SPENCON CONSTRUCI'I:ON INC. FOR INSTALLATION OF CURB AT THE SERVICE f D CENTER. THIS AGREEMENT, for reference dated September 17, 2014, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and SpenCon Construction Inc., a California corporation whose address is P.O. Box 1220 Danville, CA 94526 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 cavy 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 the installation of 300 feet of a 12 inch curb (6 inches exposed above grade behind the sidewalk adjacent to the City of Cupertino Service Center , in accordance with Proposal #235 dated September 15,2014 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within Thirty (30) calendar days after receiving notice from the Trees and R.O.W. Supervisor to commence the work,and shall diligently prosecute the work to completion before the expiration of thirty (30) consecutive calendar 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 Proposal 9235 dated September 15; 2014 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 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 general fund. 1 i 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. S. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a wanner 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 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. 7. IMMIGRATION REFORM AND CONTROL ACT{AICA): 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. 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 darnage 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 2 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 connuencement 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 IOA, 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 writh 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 $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 3 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 terns 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 tlus policy. E. SUFFICIENCX 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. 12. 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 hull 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 fiarnished 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 4 whose names are listed in Contractor's proposal 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 furbish 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. 1.4. 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 BusinessLicense, that may be required in connection with the performance of services 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 fonn 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 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. 5 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 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 10555 Mary Avenue Cupertino CA 95014 Attention:Jonathan Ferrante All notices, demands,requests,or approvals from City to Contractor shall be addressed to Contractor at: SpenCon Construction Inc. P.O. Box 1220 Danville, CA 94526 Attention:Steve Stahl 18. URIAN 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, giitters and storm drains. 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 stone 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 6 materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for constriction. 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 ' 133 85. 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. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 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. '12. 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 7 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 noway affect,limit or amplify the terms or provisions of this Agreement. IN WITNESS WI-IEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR. CITY OF CUPERTINO SpenCon Construction Inc. A Municipal Corporation By Title &S. Title n 14 f C�- IL Date d4 Date RECO EN HD F AP By Titt& APPROVED AS TO FORM: By City Attorney ATTEST: City Clerk Contract Amount: $1]J 00.00 Account: 110-8407-7014 8 SpenCon Construction, Inc. Proposal PO Box 1220 Danville, CA 94526 Date Estimate# License#820205 9/1512014 235 EXHIBIT A Project Description Qty Cost Total Proposal for City of Cupertino Install 300 LF of 12"Curb with 6"exposed,at City Corp 11,100.00 11,100.00 yard Curb will have steel included Irrigation Work to be done by others Total $11,100m Signature Phone# Fax# E-mail 925-084-2581 '925-984-1583 steve@'spenconconstruction.com ADDENDUM TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SPENCON CONSTRUCTION,INC FOR INSTALLATION OF CURB AT THE SERVICE CENTER 27. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances,rules and regulations enacted or issued by City. a. Prevailing Wage: Consultant shall comply with all applicable requirements set forth in Labor Code section 1770 et seq., including the payment prevailing wages. Consultant 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 Consultant. b. Working hours: Consultant shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of consultant in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than l 1/z times the basic rate of pay. Consultant shall comply with California Labor Code Section 1777.5 regarding apprentices. 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. zo�� SPENC-4 OP ID:TC ACaJ��" DATE(MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 09/23/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT-CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dan Brock Sierra Oak Insurance Services PHONE 916-364-7360 A1C No):916-364-7381 Lic#OC97528 AlC No Ext 9700 Business Park Dr.Ste 105 E-MAIL Sacramento,CA 95827 ADDRESS: Daniel E.Brock INSURER(S)AFFORDING COVERAGE NAIC INSURER A:Associated Industries Ins Co 23140 INSURED Spencon Construction,Inc. INSURER13:State Comp Ins Fund of Ca 35076 P.O.Box 1220 INSURER c:Golden Eagle Insurance Corp. 10836 Danville,CA 94526 INSURER D:Topa lnsuranceCom an 18031 INSURER E:Torus Specialty 144776 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ISR POLICY NUMBER MMIDDIYYYY CY EFF MMIDDIYYOLICY YY LIMBS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X AES1020616 03/28/2014 03/28/2015 PREM SE-mss E occu occurrence) $ 100,000 CLAIMS-MADE 7 OCCUR MED EXP(Any one person) $ excluded PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE N'L AGGREGATE LIh11T APPLIES PER: PRODUCTS-COMP/OP A.GG $ 2,000,000 POLICYX PFO F1 LOC $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Eeaccident $ 1,000,000 C ANY AUTO X BA1092304 07/17/2014 07/17/2015 BODILY INJURY(Per person; $ ALL OWNED X SCHEDULED I BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS PER,ACCIDENT $ UMBRELLA LIAROCCUR I EACH OCCURRENCE $ 4,000,000 E X EXCESS LIAB CLAIMS-MADE 887041140ALI 05/1212014 03/28/2015 I AGGREGATE $ 4,000,000 DED I I RETENTION$ ;Excess GL $ WORKERS COMPENSATION X I WCSTATU- OTH- AND EMPLOYERS'LIABILITY R Y!N B ANY PROPR,IETOR/PARTNER/E)rECUTIVE ❑ N 1 A 850-510803-13 06/01/2014 06101/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 f yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Umbrella XL6601414-04 07/17/2014 07/1712015 Umbrella 2,000,000 iAuto 2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS!VEHICLES (Attach ACO RD 101,Additional Remarks Schedule,if more space is required) City of Cupetino, its City Council, boards and commissions, officers, employees, and volunteers are named additional Insured for all liability arising out of the operations by or on behalf of the named insured if required by contract per attached endorsements. Primary and Non- Contributory applies to General Liability. Waiver of Subrogation applies CERTIFICATE HOLDER CANCELLATION CITYCUP 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. City Hal 110300 Torre Ave 10300 Torre Ave AUTHORIZED REPRESENTATIVE Cupertino,CA 95014 0jam-Ad4lawile O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing operations sions apply: when you and such person or organization have This insurance does not apply to: agreed in writing in a contract or agreement that such person or organization be added as an addi- 1. "Bodily injury", "property damage" or "personal tional insured on your policy. Such person or or- and advertising injury"arising out of the render- ganization is an additional insured only with re- ing of, or the failure to render, any professional spect to liability for "bodily injury", "property architectural, engineering or surveying ser- damage" or "personal and advertising injury" vices, including: caused, in whole or in part, by: a. The preparing, approving, or failing to pre- 1. Your acts or omissions; or pare or approve, maps, shop drawings, on our opinions, reports, surveys, field orders, 2. The acts or omissions of those acting Y change orders or drawings and specifica- behalf; tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an additional 2. "Bodily injury" or "property damage" occurring insured under this endorsement ends when your after: operations for that additional insured are complet- ed. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sureds) at the location of the covered operations has been completed;or b. 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 subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 ©ISO Properties, Inc,,2004 Page 1 of 1 POLICY NUMBER:AES1020616 02 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS 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 Description Of Completed Operations All persons or organizations where written contract with the Named Insured requires additional insured completed operations. This form does not apply to your work on"residen- tial property". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury"or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc.,2004 Page 1 of 1 0 POLICY NUMBER:AES1020616 02 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 D POLICY NUMBER:AES1020616 02 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4.of SECTION IV:COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above,this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy,shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission NOTEPAD: HOLDERCODE CITYCUP SPENC 4 PAGE 2 S encon Construction Inc. OP ID:TC Date INSURED'S NAME � p 09/23/2014 to General Liabilty COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM SECTION 11-LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization,other than a partnership orjoint venture,over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization;or (2) To "bodily injury' or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered"auto"you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered"auto"by an insured, if: (1) You are obligated to add that person, organization, trustee,estate or governmental entity as an additional insured to this policy by: (a)an expressed provision of an"insured contract",or written agreement;or (b)an expressed condition of a written permit issued to you by a governmental or public authority. (2) The"bodily injury"or"property damage"is caused by an"accident"which takes place after: (a)You executed the"insured contract"or written agreement;or (b)the permit has been issued to you. LECA 701(01107) Includes copyrighted material of insurance Services Offices,Inc.with its permission Page i of 4 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs(2)and(4)are amended as follows: (2)Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an"accident"we cover. We do not have to furnish these bonds, (4)All reasonable expenses incurred by the"Insured"at our request, including actual loss of eaming up to$500 a day because of time off from work. SECTION III-PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any"auto"you lease, hire;rent or borrow from someone other than your employees or partners or members of their household is a covered"auto"for each of your physical damage coverages. b. The most we will pay for"loss"in any one"accident"is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the"loss";or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the"accident",we will also pay up to$500 per"accident"far the actual loss of use to the owner of the covered"auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto"for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to"loss"caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered"auto"that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to$75 per day for up to 30 days,for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days, We will also pay up to$500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered"auto". GECA 701(01107) Includes copyrighted material of insurance Services Offices,Inc.with its permission Page 2 of 4 If"loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4.Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the"outstanding balance"of the lease. "Outstanding balance"means the amount you owe on the lease at the time of loss less any amounts representing taxes;overdue payments; penalties, interest or charges resulting from overdue payments;additional mileage charges;excess wear and tear charges;and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for"loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for"loss"to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio,visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c.Any electronic equipment that receives or transmits audio,visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered"auto"at the time of the"loss"and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system, in or upon the covered"auto";or (2)Any other electronic equipment that is: (a) Necessary for the normal operation of the covered"auto"or the monitoring of the covered"auto's"operating system;or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701(01/07) includes copyrighted material of insurance Services Offices,Inc.with its permission Page 3 of 4 r , h SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b.are replaced with: 2. Duties In The Event of Accident,Claim,Suit,or Loss 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 aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How,when and where the accident or loss 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 accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g.,but only as respects loss arising out of the operation, maintenance or use of a covered"auto"pursuant to the provisions of the"insured contract",written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b.is replaced by the following: b.60 days before the effective date of cancellation if we cancel for any other reason. GF.,CA 701(01107) Includes copyrighted material of Insurance Services Offices,Inc.with its permission Page 4 of 4