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15-187 Burr Plumbing and Pumping, Inc storm drain cleaning and CCTV inspection services.pdfAGREEMENT BETWEEN THE CITY OF CUPERTINO AND BURR PLUMBING AND PUMPING, INC FOR STORM DRAIN CLEANING AND CCTV INSPECTION SERVICES THIS AGREEMENT, for reference dated October 29, 2015, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Burr Plumbing and Pumping, a California corporation whose address is 1645 Almaden Road, San Jose, California 95125 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 Storm Drain Cleaning I CCTV Inspection Services, in accordance with the adopted Stonn Drain Cleaning I CCTV Inspection Services -Scope of Work & Requirements dated September 24, 2015 (revised October 22, 2015). NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within five (5) working days after receiving notice from the Engineer to commence the work, and shall diligently prosecute the work to completion before December 31, 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 with Storm Drain Cleaning I CCTV Inspection Services -Scope of Work & Requirements dated September 24, 2015 (revised October 22, 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: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Total compensation will be limited to $75,000. Payment Storm Drain Cleaning I CCTV Inspection Services -Standard Agreement October 29, 2015 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 storm drain maintenance fund. 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. It is agreed by the parties to the Agreement that in case all the work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in paragraph I above, damage will be sustained by the City, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that the Contractor will pay to the City the sum of Seventy Five Dollars ($75) per day for each and every day's delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. It is further agreed that in case the work called for under the Agreement is not finished and completed in all paiis and requirements within the time specified, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the Agreement, it shall further have the right to charge the Contractor, his or her heirs, assigns, or sureties, and to deduct from the fmal payment for the work, all or any part, as it may deem proper, of the actual costs and overhead expenses which are directly chargeable to the Agreement, and which accrue during the period of such extensions. The Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the City, fire, flood, epidemic, quarantine restriction, strikes, freight embai·goes, and unusually severe weather or delays of subcontractors due to such causes; provided that the Contractor shall, within one (1) day from the beginning of such delay, notify the City in writing of the causes of delay. The City shall ascertain the facts and the extent of the delay, and its fmdings of the facts thereon shall be final and conclusive. 5. STANDARD OF CARE: Contractor agrees to perfonn 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 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 Storm Drain Cleaning I CCTV Inspection Services -Standard Agreement October 29, 2015 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 perfonning 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 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 tenns 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, an10unt, class of operations covered, effective dates and Storm Drain Cleaning I CCTV Inspection Services -Standard Agreement October 29, 2015 dates of expiration of insurance coverage in compliance with paragraphs 1 OA, B, C and D. Such certificates, which do not limit Contractor's indenmification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, "Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate -all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above . (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Storm Drain Cleaning I CCTV Inspection Services -Standard Agreement October 29, 2015 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 pennitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: No bonds are required. 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 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 fmancial 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 Stonn Drain Cleaning I CCTV Inspection Services -Standard Agreement October 29, 2015 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 tertn 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. 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 Storm Drain Cleaning I CCTV Inspection Services -Standard Agreement October 29, 2015 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. 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: Roger Lee, Assistant Director of Public Works All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Burr Plumbing and Pumping, Inc. 1645 Almaden Road San Jose, CA 95125 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 stonn 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 breal<ing 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 leal<S, drips, and other spills as they occur. The objective is to ensure t11at the City and County of Santa Clara County-Wide Clean Storm Drain Cleaning I CCTV Inspection Services -Standard Agreement October 29, 2015 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 toCal. 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. 1. 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. 22. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. Storm Drain Cleaning I CCTV Inspection Services -Standard Agreement October 29, 2015 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 tem1, covenant, or condition contained herein, whether of the san1e or a different character. 34. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed byboth 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 c01rectly inserted, the Agreement shall be amended to make such insertion on application by either party. 46. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. Stonn Drain Cleaning I CCTV Inspection Services -Standard Agreement October 29, 2015 P.O. No.: ?-o[(, ~ "3l-\.7 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR Burr Plumbing and Pumping, Inc. CITY OF CUPERTINO A Municipal Corporation APPROVED AS TO FORM: ATTEST: :2 ~~ti 1ty Clerk Contract Amount: $75,000 Accom1tNo.: 100-85-818 /OO -7o)_ Storm Drain Cleaning I CCTV Inspection Services -Standard Agreement October 29, 2015 Proposal Schedule City of Cupertino Storm Drain Cleaning I CCTV Inspection Services Contractor to provide a proposal that details a schedule of hourly costs for ALL personnel and ALL equipment likely to be used to meet the intent of the scope of services. City to pay only for personnel and equipment actually used to the nearest hour of use (no minimums). For City to determine lowest cost, City will evaluate the proposal of hourly costs for personnel and equipment for the following typical crew: PERSONNEL EQUIPMENT $/HOUR #of HOURS TOTAL (A} (B} (AxB} (1) Operator ;~:i.'~Q,~QQ'M'•l;11~~1\~t~·i'' s ,~,SJ~~oQm, · >--~(2~}-L~a~bo_r_e-rs~~~~+-~~~~~~-i,,t~~2~4~'p~': ~rl-8~~~--t,~1'$~.~~~~~.~~*·'~ Flusher Truck ::Nz~ 8 'N[/$,~~;; 1--~~~~~~~~-1-~~~~~~~~~ F~i--~~~-1-~E* 1--~~~~~~~~-1-V_a_c_u_um~T_ru_c_k~~-+'·•~$ ~r8~~~---1~£$~]={2~~0 Video Inspection 8 X,$,'.ifi6 Vehicle '','1ft1' GRAND TOTAL: $';"~;~,i,'~~~~QJj'Q This schedule and Contractor proposal will be an exhibit to the agreement to the selected Contractor. The above schedule includes an hourly rate for one operator, a combined hourly rate for two laborers, the cost for a combination flush/vacuum truck and a video inspection vehicle. No charge was included for a separate flush truck since this truck can and will be introduced at no additional charge if used in lieu of and to supplement the flush/vacuum truck. Additionally, while our camera truck and flush/vacuum truck are deployed in furtherance of this contract, we can and will utilize a pole mounted camera, a rodder truck, high pressure/low volume trailer mount jetters, push pull cameras, portable generators, chain flail cutters, etc. at no additional equipment charge. These tools will be utilized when necessary and appropriate to expedite the discovery of defects and to ensure optimal cleaning efficacies. If amenable to City staff BP can stage some of this equipment temporarily at a City facility to allow for more rapid deployment. September 24, 2015 (revised October 22, 2015) vr 11..1. ,,. ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY) ~ 08/31/2015 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 Al TER THE COVERAGE AFFORDED SY 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 ~~~cT Lind;~ Ellis Bozzuto & Associates Insurance i,:J~tt J:'xfl: 800~989-8712 I Fffc Nol: 408-429-8460 34 s. Second St Campbell, CA 95008 E-MAIL ADDRESS: Linda Eilis INSURERIS) AFFORDING COVERAGE NAIC# INSURER A: Ohio Casually Insurance Co 24074 INSURED Burr Plumbing and Pumping, Inc INSURER e : WGst American Insurance Compan 44393 1645 Almaden Rd INSURER c: Amari can Fire and Casually Com 24066 San Jose, CA 96125 INSURER D : Cypress lnsuranoe Company 10865 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMSER: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADD 1.su .. ~ l~~i~, l~~~i~. LTR ... on wvn POLICY NUMBER LIMITS A x COMMERCIAi. GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C l CLAIMS-MADE [_~ OCCUR x x BK0561137 43 08/3112015 08/31/2016 DAMAGE I 0 l<l::N I t::LJ 500,00C PREMISES iEa occurrence\ $ MEO EXP (Any one person) $ 6,00C e- PERSONAL & ADV INJURY '--$ 1,000,00C GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00( =i [Kl PRO-Owe PRODUCTS -COMP/OP AGG 2,000,00( POLICY JECT $ OTHER; EmpBen. $ 1,000,00( AUTOMOBILE LIABILllY .___ frg1'!~!~tf INGLE LIMIT $ 1,000,001 B x ANY AUTO x x BAW56267717 08/31/1015 08/31/2016 BODILY INJURY (Per person) $ >---ALL OWNED -SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ --NON-OWNED fp~~~~d~tpAMAGE HIRED AUTOS AUTOS $ --$ x UMBRELLA LIAS M OCCUR EACH OCCURRENCE $ 5,000,001 -c EXCESSLIAB CLAIMS-MADE ESA56113743 08/3112015 08/31/2016 AGGREGATE $ 5,000,001 OED I I RETENTION$ $ WORKERS COMPENSATION X I ~ffTUTE 1 I OTH- AND EMPLOYERS' LIAB!LllY YIN ER D ANY PROPRIETOR/PARTNER/EXECUTIVE D BUWC603616 09/01/2016 09/01/2016 E.L EACH ACCIDENT $ 1,000,00' OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) EL DISEASE -EA EMPLOYEI $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $ 1,000,00 A Property Insurance BK056113743 08/3~!2015 08131/2016 BPP 50,00 A Equipment BK056113743 08/31/2016 08/31/2016 RTS!LSD 25,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarl<s Schedule, may be attachad if more space is required) RE: Various Locations Throughout Cupertino City of Cupertino, its City Council, board and commissions, officers, employees and volunteers are named as additional insured per attached endorsements. Insurance is primary and non-contributory. General and auto liability waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION CITY CUP City of Cupertino Attn: Chris Mertens 10555 Mary Ave. Cupertino, CA 95014 SHOULD Al\IY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIFltATION DATE THEREOF, NOTICE WILL BE DELIVERED lN ACCORDAlllCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I ~/ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Policy Number: BK0561137 43 COMMERCIAL GENERAL LIABILITY CG 86 11 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section !I • Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written rontract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or uproperty damage": 1. Caused by "your work" pertormed for that additional insured that is the subject of the written contract or written agreernent; and 2. Included ir. the ''products-completed operations hazard". However: a} The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is re-quired by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if Hie written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insurad as required in Paragraph b. of Condition 2. Duties In The Evont Of Occurrence, Offense, Claim Or Suit under Section IV· Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the followlng are added to Paragraph 2. Exclusions under Section I -Coverage A~ Bodily Injury And P·fllOperty Damage Uab!Hty: This insurance does not apply to: 1. "Bodily in;ury" or "property damage'· that occurs prior to you commencing operations at the location where such ffbodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professlona I architectural, engineering or surveying services includirig: a. The prepar:ng, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. © 2013 Liberty Mutual lnsurMca CG 86 110413 Includes copyrighted material of Insurance SeNices Office, Inc., with its permission . Page 1of2 c. With respect to the insurance afforded to these additional insureds, the following is added to Section II· Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we wilt pay on behalf of the additional insured is the amount of insurance: 1. Required by contract or agreement. or 2. Available under the appllcable Limits of Insurance shown In the Declaration. whichever is less. This endorsement shall not increase the applicable Lmits of Insurance shown in the Declaratio ns. D. With respect to the insurance afforded by this endorsement, Section IV • Commercial General Llablllty Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Evenit Of Occurrence, Offense, Cl.alms Or Sult: An additional insured under this endorsement will as soon as practicable" a. Give written notice of an "occurrence" or an offense that may result in a clai11 or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom aiso have insurance available to the add:tional insured; and c. Agree to make available any othet insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. Paragraph 4. of Section IV· Commercial General Llablllty Conditions is amended as follows: a. The fol,owing is added to Paragraph a. Primary l1"1Suranc::e: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to prow:le the additional Insured coverage on a primary and noncontributory basis, this pollcy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: CG86110413 When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be piimary' or primal'y and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an addtional insured on otner policies. © 2013Liberty Mutual Insurance Includes copyrighted material of Insurance SeNices Office, lnc .• with Its permission . Page 2 of 2 Policy Number: BK056113743 COMMERCIAL GENERAL LIABILITY CG 88 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL UABIUTY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ~ ~· SUBJECT ~ ;ii NON-OWNED AIRCRAFT ~ NON-OWNED WATERCRAFT - -PROPERTY DAMAGE LIABILITY ·ELEVATORS ~ ==== -iiii! EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) It .. MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B ADDITIONAL INSUREDS ·BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY· ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS· EXTENDED PROTECTION OF YOUR "Lll~HTS OF INSURANCE" WHO IS AN INSURED ·INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED ·FELLOW EMPLOYEE EXTENSION ·MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US • WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITl-I YOU © 2013Liberty Mutual Insurance CG 8810 04 13 Includes copyrighted material of Insurance SaNices Office, Inc, with its permission. 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 Page 1of8 With respect to coverage afforded by this endorsement, the provisions of the poHcy apply unlflss modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I • Coverage A • Bcndlly Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It Is not owned by any Insured; 2. It is hired, chartered or loaned with a trained paid crew: 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess {other than insurance written to apply specifically in excess of this policy), contingent or on any other basis. that would a!so apply to the loss covered under this prevision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I· Coverage A· Bodily Injury And Property Damage Llablllty, Subparagraph (2) of exclusion g. Aircraft., Auto Or Watercraft is replaced by the following: This exclusion does not apply to: {2) A watercraft you do not own that is: (a) less than 52 feet long; and (b} Not being used to carry parsons or properly for a charge. C. PROPERTY DAMAGE LIABILITY ·ELEVATORS 1. Under Paragraph 2. Exclusions of Section I ·Coverage A -Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion J, Damage To Property do not apply if such "property damage11 results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used In automobile service or repair operations. 2. The following Is added to Section IV • Commercial General Llablllty Conditions, condition 4. Other Insurance, Paragraph b. Excess Insurance: The Insurance afforded by this provision of this endorsement Is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I· Coverage A -!Bodily Injury and Property Damage Llablllty: a. The fourth from the last paragraph of exclusion J. Damage To Property Is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (I) Premises rented to you for a period of 7 or fewer consecutive days; or {II) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1}r (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this cover·age as described in Section Ill • Limits of Insurance. © 2013Liberty Mutual Insurance CG 8810 04 13 Includes copyrighted material of Insurance Services Office, Inc., with iis permission_ Page 2 of a b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightnir1g, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you witb pennisslct) of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill -limits Of Insurance. 2. Paragraph 6. under Section Ill ·Limits Of Insurance is replaoed by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most wa will pay under Coverage A for damages because of "property damage" to: a. Any one premise: {1) While rented to you; or (2) Wh!le rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rant or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) ·Paragraph 9.a. of Definitions is replaced with the following: 9.a A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnifies any oerson or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection syste'Tls to premises while rented to you or temporarily occupied by you with the permission of the owner, or for dam~ge to contents of such premises that are included in your premises rental or lease agreement, is not ar "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otheiwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I· Coverage C -Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A. AND B 1. Under Supplementary Payments ·Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Cove~age applies. We do not have to furnish these bonds 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. 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 whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or n part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement: or © 2013Libarty Mutual Insurance CG 8!:110 04 13 Includes copyrighted material of Insurance Seivicas Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you: or c. The maintenance. operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued c permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal ar.d ad- vertising injury" arising out of the operations perforrned for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) lnscrance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection. or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b} The construction, erection, or removal of elevators; or {c} The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional Insured Is required by a contract or agreement. the insur- ance afforded to such addition.al insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional Insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than serv;ce, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location 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 project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily Injury" or "property damage''. We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Clalm Or Sult undflr Section IV -Commercial General Llablllty Condi- tions. © 2013Liberty Mutual Insurance CG 8810 04 13 Includes copyrighted material of Insurance Services Offica, Inc., with its permission. Page 4 of 8 2. With respect to tile insurance provided by this endorsement, the tol:owing are added to Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Llablllty: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of lhe additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or ~property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professior.al architectural, engineering or surveying services including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, 1ield orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur" rence" which caused the "bodily injury• or "property damage", or the offense which caused the "personal and advertising injury'', Involved the rendering of, or the failure to render, any professional architectural, engineering or sutveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the locaton 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 project e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED ·OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the fo[;owing is added to Section Ill ~ Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b, A.vail;::ible under the 8pplir.rible Umils of lnsurnnce :;.hown in the J"leclarations: whichever is less. Thjs endorsement shall not increase the applicable Limits of Insurance shown n the Oeclaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV~ COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the add;tional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013Liherty Mutual Insurance CG 8810 04 13 Includes copyrighted material of Insurance Services Office, Inc, with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement. other than a premises lease. facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other Insurance whether primary, excess, contingent or on any other basis for whic'1 the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS ·EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualities as an additional insured under any form or endorsement under this policy. 1. The follcwing is added to Condition 2. Duties In The Ev11J;nt Of Occurrence, Offense, Clalm or Sult: An additional Insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence• or an offense that may result in a claim or "suit" under this insurance to us: b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have Insurance available to lhe additional Insured; and c. Agree to make available any other insurance which lhe additional insured has for a loss we cover under this Coverage Part d. We have no duty to defend or indemnify an addilional insured under this endorsement until we receive written notice of a "suit'' by the additiona I insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurar.ce as stated in the Declarations of this policy and defined in Section Ill • Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not In addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS I MALPRACTICE WHO IS AN INSURED ·FELLOW EMPLOYEE EXTENSION ·MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of section II ·Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury•: (a) To you, to your partners or members (if you are a partnership or Joint venture), to your members (if you are a limfted liability company), to a oo-"employee" while in the course of his or her employ- . ment or performing duties related to the conduct of your business, or to your other 'Volunteer workers" while performing duties related to the conduGt of your business; (b) To the spouse, child, parent, brother or sister of that co-''employee" or "volunteer worker" as a corisequence of Paragraph {1} {a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) {a} or {b} above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing p.•ofes- sional health care personnel to others, or if coverage· for providing professional health care ser- vices Is not othel"Nlse excluded by separate endorsement, this prov1s1on (Paragraph (d)) does not apply. Paragrephs (a} and {b) above do not apply to ~bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other 11employ- ees" of yours. However, none of these "employees" are insureds for "bodily Injury" or "personal and © .2013Liberty Mutu611 Insurance CG 8810 CM 13 Includes copyrighted material of Insurance Services Office, !nc, with its psrm1ss1on. Page 6 of 8 advertising injury" ansing out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica~ tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph .3. of Section ll ~Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority Interest, will qualify as a Named Insured if there is no other similar Insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entily was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising Injury" arising out of an offense committed before you acquired or formed the organization. d, Records and descriptions of operations must be maintained by the first Named Insured. No per~on or organization is an insured witt't respect to the conduct of any current or past partnersl1ip, joint venture or limited liabillty company that is not shown as a Na.med Insured in the Declarations or qualifies as an insured under this provision. FAILURE TO DISCLOSE HAZARDS ANO PRIOR OCCURRENCES Under Section IV • Commercial General Llablllty Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Llablllty Conditions, the following is added to Condition 2. Duties In The Ev&nt of Occurrence, Off&nse, Claim Or Sult: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself ronstitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II ·Who ls An Insured or a person who has been designated by them to receive reports of "occurrences", offenses. claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage Without additional premium charge, your pollcy will automatically provide the coverage as of the day the revlslon Is effective in your state. O. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This lndudes mental anguish, mental Injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013Liberty Mutual Insurance CG 8810 04 13 Includes copyrighted material of Insurance Services Orfice, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPER1Y DAMAGE LIABILITY Is replaced by the following: a. Expected Or Intended lnjuiy "Bodily injury" or "property damage11 expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO LJS ·WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV ·Commercial General Llablllty Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization 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" provided: 1. You and that person or organization have agreed In writing ln a contract or agreement that you waive such rights against that person or organization; and 2. The inju'Y or damage occurs subsequent to the execution of the written contract or written agree- ment. ® 2013Liberty Mutual Insurance CG 8a 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8