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15-156 Precision Concrete Cutting, Sidewalk RepairAGREEMENT BETWEEN THE CITY OF CUPERTINO AND PRECISION CONCRETE CUTTING FOR SIDEWALK REPAIR 7 ·r THIS AGREEMENT, for reference dated August ~ 2015, 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 Sidewalk Repair with the Scope of Services per Exhibit /1 A", in accordance with the proposal dated August 20, 2015. 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 December 30, 2015. 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 /1 A") dated August 20, 2015 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: Page 1of12 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 2of12 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 furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Page 3of12 Contractor Agreement paragraphs lOA, 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) Liability: 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 following minimum limits: Bodily injury: $500,000 each occurrence Page 4of 12 Contractor Agreement Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and comm1ss1ons, 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. 12. PROHIBITION AGAINST TRANSFERS: Page 5of12 Contractor Agreement 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 subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 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 hereunder. Page 6of12 Contractor Agreement 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 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. 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. Page 7of12 Contractor Agreement 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 implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County-Wide Page 8of12 Contractor Agreement 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 general rate of per diem wages or the general rate of per diem wages for holiday and overtime work. Contractor will submit monthly Page 9of12 Contractor Agreement 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, must be compensated as overtime, at not less than 1 112 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. 22. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, Page 10of12 Contractor Agreement 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 11of12 Contractor Agreement P.O. No.: ?-0 I b --'27 3 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. ~-·· ,,., .. -·· _,/ _,,,, CITY OF CUPERTINO ~~~~~~~"--¥-~~~~<!:.._·_·· __ A Municipal Corporation By~ Timm Borden, Director of Public Works Date j(~(tS" RECOMMENDED FOR APPROVAL: Address ~ll S · t(l V)(Lt,, £l.61P<() Title __________ _ ~ Sl\tJ V\M1iY.& (Ole APPROVED AS TO FORM: ATTEST: 6hzec.e ~Qlw,,.lf 1/n (is-- Grace Schmidt, City Clerk Contract Amount: $29,000.00 Account No.: 270-85-821-900-921 Page 12of12 Contractor Agreement ·SXBJllTA Contract amount: Total charge for services rendered shall not exceed $29,000,00 Billing Units: Services f!fa billed In "Inch Feet". An inch foot is J;.lalculatad by measuring tha average height of the sidewalk off*set and tm..fluplylng thisa~rag~ by the length of the cut. Example: A sidewalk off.rset on a 4~foot wide sidewalk that consists of a 0.5" rlse on one side; a.rtd tapers down to a xero rise on the other is calculated ·ru\l follows: 0.5"+ov x 4ft ~ 1 inch foot 2 Streets with Sidewalks to be Repaired: To be tdentlfled by the City Emergency Services: PCC will provide a 12..;nour re1!ponse to emergency service ceUs, Emergency cells will be bl.lied at $$5 or the actual amoulit of Inch feet cut, Whichever ls greater. Invoicing: All invoices wm include detail of work completed inctuding tJie measurements of the sidewalk off .. set removed {tilgh side, low side and wldth} and the address ofthe location the cut was performed. All invoices wlli include the dollar amount of the Work being billed and the remaining balance of the pun:::hase order. Preclsic;m Con.crate, Cutting is committed to providing the highest quality ~rvlca to our elients. ShQuld you have any questions of comments, please do not hesitate to contact us. Joseph Ortega, Munici~I AteoUnt Manager Au~ust 20, 2015 City d Cupertino Representative: Print Name: Titfe: Date~ L./O'f l:;.I ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) \~ 8/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Construction and Real Estate Practice PHONE I rti~ Nol: (866) 358-1587 IA/C No Extl: Wells Fargo Insurance Services USA, Inc. -CA Lie#: 0008408 E·MAIL certrequests@wellsfargo.com ADDRESS: 959 Skyway Road INSURER(Sl AFFORDING COVERAGE NAIC# San Carlos, CA 94070 INSURER A: Ohio Security Insurance Company 24082 INSURED INSURERS: Allmerica Financial Benefit Insurance Company 41840 Precision Ernprise Inc. OBA: INSURERC: American Fire and Casualty Company 24066 Precision Concrete Cutting INSURER D: PO Box25265 INSURER E: San Mateo, CA 94402 INSURER F: COVERAGES CERTIFICATE NUMBER: 9481217 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE """' ""'" POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl A x COMMERCIAL GENERAL LIABILITY x x BLS 16 56 59 93 17 6/30/2015 6/30/2016 EACH OCCURRENCE $ 1,000,000 -I CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES IEa occurrence) $ 500,000 MED EXP (Any one person) $ 10,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $ 2,000,000 Fl CK] PRO-DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY x x AWF A221872 01 03/31/2015 03/31/2016 COMBINED SINGLE LIMIT $ 1,000,000 IEa accident\ f----- x ANY AUTO BODILY INJURY (Per person) $ f-----ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS -AUTOS x x NON-OWNED rpr:.~~;c~le~t?AMAGE $ HIRED AUTOS AUTOS -$ c UMBRELLA LIAB H OCCUR ESA 16 56 59 93 17 6/30/2015 6/30/2016 EACH OCCURRENCE $ 2,000,000 -x EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 OED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $. DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CG20370704,461-0155 (9/97),CA 20 48 02 99,GECG9700111 City of Cupertino, its City Council, boards and commissions, officers, employees, and volunteers are named as additional insured as respects general liability and automobile liability. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attention: City Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE 9c~u/- I The ACORD name and logo are registered marks of ACORD © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) (This certificate replaces certificate# 9326928 Issued on 7/2/2015) POLICY NUMBER: BLS 16 56 59 9317 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) Location And Description Of Completed Or Organization(s): Operations City of Cupertino, its City Council, boards and commissions, officers, employees, and volunteers are named as additional insured as respects general liability. 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 damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. CANCELLATION EXTENSION Paragraph A. CANCELLATION 2. b. of the COMMON POLICY CONDITIONS is replaced with the following: b. 60 days before the effective date of cancellation If we cancel for any other reason. SECTION I w COVERED AUTOS 2. EMPLOYEE HIRED "AUTOS" · Oescrf pt Ion Of Covered Auto Designation Symbols; Symbol 8 is replaced by the following: 8 = Hired "Autos" Only -Only those "autos" you lease, hire, rent or borrow; including "autos" your employee hires at your direction, for the purpose of conducting your business. This does not include any "auto" you lease, hire, rent, or borrow from any of your "employees'' or partners or members of their households. SECTION II • LIABILITY COVERAGE . 3. BROADENED NAMED INSURED The following Is added to the SECTION If ~ LIABILITY COVERAGE, Paragraph 1 .. Who ls An Insured provision: d. Any business entity for which you have a financial interest greater than 50% of the voting stock or otherwise have a controlling interest after the effective date of this policy or that ls newly acquired or formed by you during the term of this policy. The coverage provided by this provision is afforded until expiratron or termination of this policy, whichever occurs earlier. The coverage provided by this provision does not apply to any business entity described in d. above that qu~tifles as an Insured under any other automobile liablllty pollcy Issued to that business entity as a named Insured or would have been (iln Insured except for the exhaustion of the policy limits or the Insolvency of the Insurer. The coverage provided by this provision does not apply to "bodily inju,Y' nor "property damage" arising from an accident that occurred prior to your acquiring or forming the business entity described in d. above. Includes copyrighted material of Insurance Services Office, Inc. with its permission, Copyright, Insurance Services Office, fnc., 1996 461-0155 (9~97) • 4. EMPLOYEES AS INSUREDS The following IS added to the SECTION II - LIABILITY COVERAGE, Paragraph 1. Who Is An Insured provision: e. MY employee of yours is an "lnsuredff while using a covered "auto" you do not own, hire or borrow In your business or your personal affairs. 5. SUPPLEMENTARY PAYMENTS The following amends SECTION 11 ... LIABILITY COVERAGE, paragraph 2. Coverage Extensions provision: Paragraph (2) is replaced by the following: (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. Paragraph (4) Is replaced by the following; (4) All reasonable expenses Incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 6. AMENDED FELLOW EMPLOYEE EXCLUSION The following Is added to the SECTION U • LIABILITY COVERAGE, B. Exclusions Paragraph 5. FeUow Employee exclusion: This exclusion does not apply if the "bodily injury" arises from the use of a covered "auto" you own or hire. This coverage Is excess over any other collectible insurance • SECTION Ill • PHYSICAL DAMAGE COVERAGE. 7. EXPENSE OF RETURNING A STOLEN 11AUTO" and SIGN COVERAGE The following is added to SECTION IU • PHYSICAL DAMAGE COVERAGE, A.1. COVERAGE: d. Expense Of Returning A Stolen "Auto" We will pay for the expense of returning a covered "auto11 to you. e. Sign Coverage We will pay for loss to signs, murals, paintings or graphics, as part of equipment, which are displayed on a covered "auto". The most we will pay for "loss11 in any one "accident" is the lesser of: 1. The actual cash value of the property as of the time of the "loss"; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or 3. $2,000. 8. GLASS BREAKAGE DEDUCTIBLE The following is added to SECTION 111- PHYSICAL DAMAGE COVERAGE A. COVERAGE paragraph 3. Glass Breakage -Hitting a Bird or Animal - Falling Objects or Missiles: Any deductible shown In the Declarations as applicable to the ·includes copyrighted material of Insurance Services Office, lnc. with Its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) covered "auto" will not apply to glass breakage if such glass is repaired, rather than replaced. 9. TRANSPORTATION EXPENSE Paragraph 4. Coverage Extension. of SECTION IU • PHYSICAL DAMAGE COVERAGE, A. COVERAGE is replaced with the followlng: 4. Coverage Extension We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We wlll pay for temporary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the pol!cy's expiration, when the covered ''auto" is returned to use or we pay for Its "loss". 10. HIRED AUTO PHYSICAL DAMAGE The following Is added to SECTION 111 • PHYSICAL DAMAGE COVERAGE, A. COVERAGE: 5. Hired Auto Physical Damage If hired "autos" are covered "autos" for Liability Coverage and if Physical Damage Coverage of Comprehensive, Specified Causes of Loss, or Collision is provided under this Coverage Form for any "auto'1 you own, then the Physical Damage Coverage(s) provided is extended to "autos" you hire without a driver or your employee hires, without a driver, at your direction, for the purpose of · conducting your business, for a period of 30 days or fess, of like kind and use as the "autos" you own, subject to the following: The most we will pay for any one loss is the lesser of the following: a. $50,000 per accident, or b. cash value, or c., the cost of repair, minus the deductfble equal to the lowest deductible applicable to any owned "auto" for that coverage. Any deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. Subject to the limit and deductible stated above, we wlll provide coverage equal to the broadest coverage provided to any covered Hauto1' you own, that, Is applicable to the loss. If the loss arises from an accident for which you are legally liable and the le$SOr incurs an actual financial loss from that accident, we will cover the lessor's actual financial loss of use of the hired "auto" for a period of up to seven consecutive days from the date of the accident, subject to a limit of $1,000 per accident. 11. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE The followfng Is added to SECTION 111 .. PHYSICAL DAMAGE COVERAGE, A. COVERAGE: 6. Audio, Visual and Data electronic Equipment Coverage We will pay for "loss" to any electronic equipment that receives Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only If the equipment Is permanently installed · In the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed In the covered "auto' at the til'.Tle 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", including its antennas and other accessories. However , this does not include tapes, records or discs. The exclusions that apply to PHYSICAL DAMAGE COVERAGE, except for the exclusion relating to Audio, Visual and Data Electronic Equipment, also apply to coverage provided herein. In addition, the following exclusions apply: We will not pay , under this coverage, for either any electronic equipment or accessories used with such electronic equipment that Is: 1. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or 2. Both: a. An Integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound If the sound reproducing equipment is permanently installed in the covered "auto", and b. Permanently Installed in the opening of the dash or console normally used by the manufacturer for the · installation of a radio. With respect to coverage herein, the LIMIT OF INSURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the followlng: 1. The most we wfll pay for all "loss" to audio, visual or data electronlc equipment and any accessories used with this equipment as a result of any one "accident" Is the lesser of a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality; or ' c. $500. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss". 3. Deductibles applicable to PHYSICAL DAMAGE COVERAGE, do not apply to this Audio, Visual and Data Electronic Equipment Coverage. If there Is other coverage provided by this policy for audio, visual and data.electronic equipment, the coverage provided herein is Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Se1Vices Office, Inc., 1996 461-0155 (9-97) excess. However, you may elect to apply the llmlt or any portion thereof of coverage provided herein to pay any deductible that Is applicable under the provisions of the other coverage. 12. RENTAL REIMBURSEMENT and MATERIAL TRANSFER EXPENSE The following is added to SECTION Ill • PHYSICAL DAMAGE COVERAGE, A. COVERAGE: 7. Rental Reimbursement and Material Transfer Expense This coverage provides only those · Physical Damage Coverages where a premium is shown In the Deciaratlons. It applies only to a covered "auto" described or designated to which the Physical Damage Coverages apply. We wilt pay for auto rental expenses and the expenses, incurred by you because of "loss" to a covered "auto", to remove and transfer your materials and equipment from the covered ''auto" . Payment applles In addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. We will pay only for those auto rental expenses Incurred during the policy period beginning 24 hours after the "toss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of df:)ys reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days It takes to locate the covered "au.to" and transport It to a repair shop. 2. 60days. Our payment Is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred, including loss of use. 2. $3000. This auto rental expense coverage does not apply while there are spare or reserve "autos" available to you for your operations. If Kloss" results from the total theft of a covered "auto" of the private passenger type, we wi!I pay under this coverage only that ·amount of your rental reimbursement expenses which is not already provided for under the SECTION Ill • PNYSICAL DAMAGE COVERAGE, A. 4. Coverage Extension. 13. AIRBAG COVERAGE The following is added to SECTION 1H • PHYSICAL DAMAGE COVERAGE, B. Exclusions, paragraph 3. The portion of this exclusion relating to mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. This coverage Is excess of other collectible insurance or warranty. No deductible applies to this Airbag Coverage. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9M97) 14. AUTO LOAN PHYSICAL DAMAGE EXTENSION The following is added to SECTION Ill • PHYSICAL DAMAGE COVERAGE, C. . Limit Of Insurance provision: When a "loss" results In a total loss to a covered auto you own for which a Loss . Payee Is designated in this policy, the most we wlll pay for "loss" in any one "accident" is the greater of: · 1. The actual cash value of the damaged or stolen property as of the time of the "loss"; or 2. The outstanding balance of the Initial loan, less any amounts for . taxes, overdue payments, overdue payment charges, penalties, interest , any charges for early termination of the loan, costs for Credit Life Insurance, Health, Accident or DiSabllity Insurance purchased with the loan, and carry-over balances from previous loans. 15. AUTO LEASE PHYSICAL DAMAGE EXTENSION The follow! ng Is added to SECTION 111 • PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance provision: If, because of damage, destruction or theft of a covered "auto". which is a longMterm leased "auto", the lease agreement between you and the lessor Is terminated, "we" wilt pay the difference between the amount paid under paragraph C. LIMIT OF INSURANCE 1. or 2. and the amount due at the time of "loss" under the terms of the lease agreement applicable to the leased "auto" which you are required to pay: less any fees to dispose of the auto; any overdue payments; financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; security deposits not refunded by the lessor; cost for extended warranties, Credit Life Insurance, Health. Accident or Dfsabllity Insurance purchased with the loan; and carry over balances from previous leases. This coverage applies only to the Initial lease for the covered "auto" which has not previously been leased. This coverage is excess over all other collectible insurance. SECTION IV· CONDITIONS 16. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following Is added to SECTION IV • BUSINESS AUTO CONDITlONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claimt SuJt Or Loss: d. Knowledge of any "accident", claim, "suit" or "loss" will be deemed knowledge by you when notice of such "accident", claim, "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager If you are a partnership; or (3) An executive officer or insurance manager if you are a corporation. 17. BLANKET WAJVER OF SUBROGATION Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us, SECTION IV -BUSINESS AUTO CONDITIONS, A. Loss Conditions is replaced by the following: Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9·97) • 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, which have not been waived through the execution of an "lnsurep contract", written agreement, or permit, prior to the "accident" or "loss 11 giving rise to the payment, those rights to recover damages from another are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after the "accident" or "loss0 to Impair them. 18. UNINTENTIONAL FAILURE TO DISCLOSE INFORMATION The following Is added to SECTION IV BUSINESS AUTO CONDITIONS, B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: Your unintentional error In disclosing, or failure to disclose~ any material fact existing after the effective date of this Coverage Form shall not prejudice your rights under this Coverage Form. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. 19. HIRED AUTO· WORLDWIDE COVERAGE The following Is added to SECTION IV w Business Auto Conditions, B. General Conditions, paragraph 7. Policy Period, Coverage Territory provision: e. Outside the coverage territory described in a., b., c., and d. above for an "accident" or "loss" resulting from the use of a covered "auto" you hire, without a driver, or your employee hires without a driver, at your direction, for the purpose of conducting your business, for a period of 30 days or less. provided the suit is brought within The United States of America or its territories or possessions. SECTION V ·DEFINITIONS 20. MENTAL ANGUISH Paragraph C. "Bodily injury", SECTION V • DEFINITIONS Is replaced by the following: C. "Bodily Injury" means bodily injury, sickness or disease sustained by a person Including death or mental anguish resulting from any of these. Includes copyrighted material of Insurance Services Office, Inc. with Its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) POLICY NUMBER: AWF A221872 01 COMMERCIAL AUTO CA 20 48 02 99 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 modified 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. This endorsement changes the policy effective on the Inception date of the policy unless another date is indi- cated below. Endorsement Effective: 03/31/2015 Countersigned By: Named Insured: 9(~- Precision Emprise Inc. DBA: SCHEDULE f ( ) 0 t . ( ) 1.;1ty or 1.;upernno Name o Person s or rganiza ion s : Attention: City Manager 10300 Torre Avenue Cupertino, CA 95014 (Authorized Reoresentative l (If no entry appears above, Information required to complete 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 II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1of1 D POLICY NUMBER: BLS 16 56 59 9317 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY~ COMMERCIAL LIABILITY GOLD ENDORSEMENT -CONTRACTORS This endorsement modifies lnsuranoa ~rovlded underthefollowlng: COMMERCIAL. GENERAL LIABILITY COVERAGE PART SECTION I-COVSRAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Item 2.g. 2) Is replaced wHh the foltowlng: 2.g. 2) a wateroraft you do not own that Is: a) less than 60 feat long; and b) No! being used to carry parsons or property for a charge. Item 2.g. 6) Is added: 6) An aircraft In which you have no ownership Interest and that you have chartered with crew. The last paragraph of 2. Exclusions is replaced With the followlng: E1<cluslons o. through n. do not apply to damage by fire, e1<ploslon, sprinkler leakage, or llghtnlng to premises whfle rented to you, temporarlly ooouplad by you with the permission of the owner, or managed by you under a written agreement wHh the owner. A separate llmft of Insurance applies to this coverage as described In Sectfon Ill -Umlts of Insurance. SECTION 1-CO\ISRAGES COVERAGE C •. MEDICALPAYMENTS ff Medical Payments C~verege Is provided under this policy, the following rs changed: 3. Lrmlts The medical expanse llmlt provided by this policy shall be the greater of: a. $10,000; or b. The amount shown In the declarations. Coverage c. Medical Payments Is primary and not contributing wHh any other Insurance, even If that other Insurance Is also primary. Tha fol/owing Is added; COVERAGE D. PRODUCT RECALL NOTIFICATION EXPENSES Insuring Agreement We will pay "product recall notification expanses" Incurred by you for the wHhdrawal of your products, provided that: a. Such withdrawal Is required because of a determination by you during the policy perlod, that the use or consumption of your products could result In "bodfly Injury" or "property damage": and b.: The "product recall notfflcatron exPenses" are Incurred and reported to us during the policy period. The most we wlll pay for "product recall notification expenses" during the policy period la $100,000. SUPPLEMENTARY PAYMENTS -COVERAGES AAND B Item b. and d. are replaced with: b. The cost of ball bonds required because of accidents or traffic law vlolatrons arising out of the use of any vehicle to which the Bodily Injury Uablllty 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 oftha clalm or "suit" lnoludlng actual loss of earnings up to $500 a day because of time off from work. Includes copyrighted material of Insurance services Offlaea lno,, with lie psrmlselon. GE!CG 970 {01111) Page 1 of4 SECTION II -WHO IS AN INSURED Item 4. Is replaced with: 4. Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the polloy period over which you maintain a controlllng Interest of greater than 60% of the stock or assets, wlll qualify as a Named Insured ff: a) you have the responslblllty of piecing Insurance for such entity; and b) coverage for the entity ls not otherwise more speclflcally provided; and c) the entity Is lncorpo~ted or organized under the laws of the United States of Amarloa. However; coverage under this provision does not apply to "bodily Injury" or "property damage" that. occurred before you acquired or formed the entity, or "petsonal Injury" or "advertlsfng ln)uiy" 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 polloy Inception date whichever Is earlier. SECTION Ill -LIMITS OF INSURANCE Paragraph 2. Is amended to Include: The General Aggregate Limit of Insurance applies separately to each "locatron" owned by you, rented to you, or occupied by you with the permission of the owner. . Paragraph 6. Is replaced with the followlng: 6. Subject to 5. above, the Fire Damage Limit Is the most we will pay 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, exploslon 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 Declaratlons. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2. a. Is replaced with: 2. Dutlas In Tfte Event of Occ:ul18nce, Offense, Claim or'Sult a. You must promptly notify us. Your duty to promptly notify us Is effective when any of your exeoutlve officers, partners, members, or legal representatives ls aware of the "occurrence", offense, claim, or "suit". Knowledge of an 'ooourrenca•, offense, olalm or "suit'' by other employee(s) 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, olalm or "suit". Item 4. b. 1) b} Is replaced with: b. Exoess 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: B. Representations d. If you unfntentlonally fall to disclose any hazards existing at the Inception date of yollr 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 eKerolse our right of oancellatlon or non-renewal. lnoludaa copyrighted material or Insurance Services omaas Ina., Wllh Ila permlee!on. GECG 970 (01/11) Page2 of4 Item 8, Is replaced with: 8. Tmnsfiar of Rights 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 wa make for Injury or damage arising out of your ongoing operations or "your work" done under that written "Insured contract" for that person or organization and Included In the "produots-oompleted operations hazard". Item 10. and Item 11. are added: 10. Canoellatlon Condition If we cancel this polloy for any reason other than nonpayment of premium we wlll mall or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of canoellatlon. 11. Llbarallratlon ff we adopt a change In our forms or rules which would broaden your coverage without an extra charge, the broader coverage wlll apply to this polloy. This extension Is effective upon the approval of such broader coverage In your state. SECTION V-DEFINITIONS The f~llowlng definitions are added or changed: 9. "Insured contract" a. Is changed to: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnifies 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 contract". · 23. and 24. are added: 23. "Location" means premises Involving the same or connecting lots, or premises whose connection 18 · Interrupted only by a street, roadway, waterway or rlght-of~way of a ralfroad. 24. "Product recall notification expenses• means the reasonable addltlonaf expenses (lncludlng, but not limited to, cost of correspondence, newspaper and magazine advertising, radio or tetevlslon 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 Provisions are also added to this Coverase Part: A ADDITIONAL INSUREDS-BY CONTRACT, AGREEMENT OR PERMIT · 1. · Paragraph 2. under SECTION II -WHO IS AN INSURED Is amended to Include as an Insured any person or organization when you and such person or organization have agreed In writing In a contract, agreement or permit that such parson or organf:a::atlon be added as an addltlonal Insured on your policy to provide Insurance such as Is afforded under this Coverage Part. Such person or organization Is not entitled to ·any notices that we are required to send to the Named Insured and Is an addftlonal Insured only with respect to llablflty arising out of; a. Your ongoing operations performed for that person or organization; or b. Premises or faollltles owned or used by you. With respecl to provision 1.a. above, a person's or organization's status as an Insured under this endorsement ends when your operations for that person or organization are completecl. · With respect to provision 1.b. above, a person's or organization's status as an Insured unqer this ·endorsement ends when their contract or agreement w'rth you for such premises or faolllt!es ends. . lnoludsa oopyrlghtacl material of Insurance services Offloas lnCJ., with Its permission, GECG 970 {01111) Paga3 of4 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", "proper,ty 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 connactron with such work, In the proJaot (other than service, maintenance or repairs) to be performed by or on behalf of the additional lnsured(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 a principal as a part of the same proJact; c. To the rendering of or fallure to render any professional services Including, but not limited to, any professlo~al architectural, engineering or surveying services such as: (1) The preparing, approving, or falllng to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, ohange orders or drawings and specifications; and (2) Supervisory, Inspection, architectural or engineering activities; d. To "bodily Injury", "property damage" or "personal and advertising Injury" arlsfng out of any act, error or omission that results from the additional lnsured's sole nagllgence or wrongdoing; e. To any person or organrzatlon speolfloally designated an additional Insured far ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTR~CTORS endomemant Issued by us and made a pert of this policy B. PRIMARY NON•CONTRIBUTORY ADDITIONAL INSURED EXTENSION Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended as follows: a. The following Is added to paragraph a. Prlmaiy Insurance: If an additional lnsurad's pt>llcy 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 wlll nol seek contribution from the addltlonaf lnsured's policy for damages we cover. For the purposes of this endorsement, "construction contract" means a written contract or written agreement other than a premises lease, facllltles rental contract or agreement, an equipment rental or lease agreement, or a permit Issued by a state, county, municlpallty or other governmental authority. b. The following Is added to paragraph b. Excess fnsun:lnce: (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 between you and an edclittonar lnsurecl, this Insurance Is excess over any other Insurance whether primary, excess, contingent or on any other basis for which . the addltlonal Insured has been added as an additional Insured. lnciludoa copyrighted material of Insurance Services Offloos !no., with Its permission. GSCG 970 (01/11) Pase4of4 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 8/28/2015 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 ~2~1~CT Veronica Campos --- Truex Insurance Agency fljgN,t Ext\: (209) 477-1111 I FAX IA/C No\: (209) 478-0217 2291 W. March Lane, Suite lOOA ioMDA~~ss: vcampos@truexins.com INSURERISl AFFORDING COVERAGE NAIC # Stockton CA 95207 INSURER A :Securi tv National Insurance Co 19879 INSURED INSURER B: Precision Emprise, Inc. INSURERC: DBA: Precision Concrete Cutting INSURERD: PO Box 25265 INSURER E: San Mateo CA 94401 INSURER F: COVERAGES CERTIFICATE NUMBER:15-16 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ,~~M%Yv~~i ,~2~~%YJ~1 LIMITS LTR TYPE OF INSURANCE 1t.1c:n WVD POLICY NUMBER COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ~ D CLAIMS-MADE D OCCUR DAMAGE TO RENTED PREMISES IEa occurrence\ $ MED EXP (Any one person) $ --- PERSONAL & ADV INJURY $ ---- GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ f=l D PRO-DLoc PRODUCTS -COMP/OP AGG $ POLICY JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident! $ -- ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED ~SCHEDULED --- BODILY INJURY (Per accident) $ ~--AUTOS ~ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS I Per accident\ -1----- $ UMBRELLA LIAB ~-i OCCUR EACH OCCURRENCE $ ~- EXCESS LIAB CLAIMS-MADE AGGREGATE $ -- DED I I RETENTION$ $ WORKERS COMPENSATION I PER I I OTH- AND EMPLOYERS' LIABILITY X STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L .. EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? A (Mandatory in NH) y SWC1072354 4/1/2015 4/1/2016 E.L. DISEASE -EA EMPLOYEE $ 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Evidence of Insurance. Waiver of Subrogation applies per the attached endorsement when required by written contract. **Regarding any non-payment of premium, 10 days notice will be given. CERTIFICATE HOLDER City of Cupertino 10300 Torre Cupertino, ACORD 25 (2014/01) INS0251?014011 Avenue CA 95014 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -=-·-~~;~-~z~g _______ Brian Dillon/VERONI c ] © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84} WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 4/1/2015 Policy No. SWC1072354 Endorsement No. WC040306 Insured Precision Emprise, Inc (Corporation) Premium$ 17649 Insurance Company Security National Insurance Company Countersigned by