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15-196 Burr Plumbing & Pumping Inc., Storm Drain Improvement Work at Santa Lucia @ Cordova RdAGREEMENT BETWEEN THE CITY OF CUPERTINO AND BURR PLUMBING & PUMPING FOR STORM DRAIN IMPROVEMENT WORK AT SANTA LUCIA@ CORDOVA ROAD THIS AGREEMENT, for reference dated November 10, 2015, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Burr Plumbing and Pumping, Inc., a California corporation whose address rs 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 Improvement Work at Santa Lucia @Cordova Road, in accordance with Exhibit A dated November 24, 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 the expiration of fourteen (14) consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with Exhibit A and hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. Page 1of12 Contractor Agreement-Storm Drain Improvements Santa Lucia@ Cordova Road 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken from the storm drain maintenance operation fund. Payment shall not be construed as acceptance of defective work. 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 1 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 Fifty Dollars ($50) 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 parts 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 final 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 embargoes, 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 Page 2of12 Contractor Agreement -Stom1 Drain Improvements Santa Lucia@ Cordova Road City in writing of the causes of delay. The City shall ascertain the facts and the extent of the delay, and its findings of the facts thereon shall be final and conclusive. 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 employer-independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 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 Page 3of12 Contractor Agreement -Storm Drain Improvements Santa Lucia@ Cordova Road 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 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." 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 Page 4of12 Contractor Agreement -Storm Drain Improvements Santa Lucia@ Cordova Road 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. 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 Page 5of12 Contractor Agreement -Storm Drain Improvements Santa Lucia@ Cordova Road 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 comm1ss10ns, 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 for this project. 12. REQUIREMENT TO PAY PREVAILING WAGES: Consistent with the City's policy to pay prevailing wage rates, 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 Upon request, Contractor will submit 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. 13. 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 Page 6of12 Contractor Agreement -Stonn Drain Improvements Santa Lucia@ Cordova Road 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. 12. 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. 13. 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. 14. 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 Page 7of12 Contractor Agreement -Storm Drain Improvements Santa Lucia@ Cordova Road 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. 15. 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. 16. 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 A venue Page 8of12 Contractor Agreement -Storm Drain Improvements Santa Lucia@ Cordova Road 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 Conh·actor at: Burr Plumbing & Pumping, Inc. 1645 Almaden Road San Jose, CA 95125 Attention: Eric Burr, President 17. 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 controt 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 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. Page 9of12 Contractor Agreement -Storm Drain Improvements Santa Lucia@ Cordova Road 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. 20. 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. 21. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. Page 10of12 Contractor Agreement -Storm Drain Improvements Santa Lucia@ Cordova Road 13. 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. 24. 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. 25. 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. 26. 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. 27. 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-Storm Drain Improvements Santa Lucia@ Cordova Road P.O. No.: ~Of b --'°S 7 ~ IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR CITY OF CUPERTINO Burr Plumbing & Pumping, Inc. A Municipal Corporation By#~ Nam&ad /£t1;e;2_ Title /r By8b Timm Borden, Director of Public Works Date \ Lj1 / / 'S' Date 1;/:J)r·,,,,, ~~~~~~~~~- RECOMMENDED FOR APPROVAL: By/~d'L- Title Av.v,,rrlF ~?.;?',..... #/ zl., dzM I APPROVED AS TO FORM: By ~ Colleen Winchester, Acting City Attorney ATTEST: ~'5ildi f-i_-f-1r Grace Schmidt, City Clerk Contract Amount: ~ /j ~oo. Account No.: ?-I 0 ·-cl 0 -~7 ~ c.roo ··=to) Page 12of12 Contractor Agreement -Storm Drain Improvements Santa Lucia@ Cordova Road PROPOSAL ) No. 8080a ) 1645 Almaden Rd. San Jose, CA 95125 *Tel (408) 287-2877 *Fax (408) 287-2844 License#730349 A, C36, D21 Proposal submitted to: City of Cupertino Date Submitted: 11-24-15 Description: Storm Drain Upgrade Option #3 Phone Number: 777-3275 Job Name: Street: 10555 Mary Ave. Job Location: 10540 Santa Lucia Rd. City, State, ZIP: Cupertino, CA 95014 Job Phone: Fax Number: 777-3399 Cell Phone: 408-857-3145 E-Mail: brada@cupertino.org RogerL@cupertino.org Contact: Brad Alexander I Roger Lee We hereby submit specifications and estimates to install a new channel/trough drain system and storm line. Scope of Work: 1. Rough grade driveway approach to verify that anticipated vehicle approach and entry is unhindered by planned grade adjustments. 2. Excavate as necessary to allow installation of upstream catch basin, channel drain and Type E (as close as practical and roughly based on the City of Cupertino's supplied drawing) at driveway apron. 3. Form excavation area for new catch basin, channel drain and curbing. 4. Remove AC dike (north of new driveway apron). 5. Excavate trench line as necessary. 6. Connect new 8" PVC SDR26 storm line from new catch basin and channel drain to existing D.l located@ the N/W corner of the property. 7. Backfill trench line with . 75" crushed rock (to be supplied by homeowner) or native fill 8. Pour new driveway apron. 9. Restore grade of. 75" crushed rock driveway between driveway and garage aprons. 10. Pave small AC swale from new driveway apron thru to existing parking area entrance. Also, pave 12" surround at Existing downstream D.I. All work to be performed during normal work hours.(8:00am to 5:00pm) Channel drain will be installed at an angle to match required Type E curb slope. Burr will not be installing a custom manufactured angle top channel. The new driveway apron, driveway materials and slope ratios do not meet current ADA guidelines for the City of Cupertino. This project is being designed and installed to minimize possibility of surface runoff from crossing into homeowner's garage. All workers to be paid at current prevailing wage rates per Cupertino standard contract terms. Exclusions: 1. All engineering, soil testing and surveying. 2. All permits, drawings or related fees, as required, will be additional. 3. Repair of any unmarked lines, including; PG&E, water, cable, telephone, fiber optic, irrigation, etc. 4. Any and all required bonds or posting of certificates of deposits required. 5. Wall, ceiling, flooring, framing and surface finish repairs. 6. Responsibility for any existing or other systems and work not directly related to our work 7. Responsibility for any electrical, plumbing, drains, fire sprinkler and/or controls not expressly included in this proposal. 8. Any changes or deviations from this proposal will be executed only on written order and will become an extra charge over the cost of this proposal. 9. Any unknown or unforeseen circumstances. 11Page Burr Plumbing & Pumping, Inc. Initial ----- PROPOSAL j No. 8080a j 1645 Almaden Rd. San Jose, CA 95125 *Tel (408) 287-2877 *Fax (408) 287-2844 License#730349 A, C36, 021 We Propose to hereby furnish material and labor -in accordance with above specifications For the sum of: Fifteen Thousand & Six Hundred Dollars ($15,600.00) Payment to be made as follows: Payment due upon completion of scope of work Burr Plumbing & Pumping, Inc. Note: Proposal may be withdrawn if not accepted within 30 days. The person signing below represents that he or she is authorized by the Owner to accept this proposal on behalf of the Owner listed above, and further represents that he or she has read, understood and agreed to the terms and conditions set forth on the last page of this Proposal. STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTORS' STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING--IF THE TOTAL PRICE OF THE JOB IS $500 OR MORE (INCLUDING LABOR AND MATERIALS). LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC. IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE A LICENSE, THE CONTRACTORS' STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT, AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS EMPLOYEES. YOU MAY CONTACT THE CONTRACTORS' STATE LICENSE BOARD TO FIND OUT IF THIS CONTRACTOR HAS A VALID LICENSE. THE BOARD HAS COMPLETE INFORMATION ON THE HISTORY OF LICENSED CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK THE GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1-800-321-CSLB FOR MORE INFORMATION. The services to be provided by Burr Plumbing & Pumping, Inc. DO NOT include any engineering work, and the customer is responsible for providing all engineering determinations. Acceptance of Proposal -The above prices, specifications and conditions are satisfactory and are hereby accepted. Burr Plumbing & Pumping, Inc. is authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature: 21Page Burr Plumbing & Pumping, Inc. Initial ---- AC"'ORD" CERTIFICATE OF LIABILITY INSURANCE I DATE: (NIM/ODNYYY) '---_....... 08/31/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON 1"HE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR AIL.TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRJ.l~CT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSUR.ED, tho pollcy(ios) 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~~~cr Lim:lliru Ellis Bozzuto & Associates Insurance /,!j8NtTo Extl: 801().989-8712 I f~ Nol: 408-429-8460 34 s. Second St Campbell, CA 95008 E-MAIL ADDRESS: Linda Eilis INSURERISl AFFORblNG COVERAGE NA!O# INSURER A: Ohle> (lpsunl!y lnsuranoe Co 24074 INSURED Burr Plumbing and Pumping, Inc INSURER 13 : West Amorican ln$urance Compan 44393 1646 Almaden Rd INSURER c: Amarioan Fire and Casualty Com 24066 San Jose, CA 95125 INSURER o : Cypress Insurance Company 10855 INSURERE: INSURERF: .. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ~~[~%'Ji ~~y c~~~~~~ g~ :u~~ ~~iti~s. ~~rir~~~~~~~:~:~~~:~ ;~~u6~~1~~~~5~~l~~~ HEREIN IS SUBJECT TO ALL THE TERMS, INSR TYPE OF INSURANCE ADD 1..su .. " POLICl~) 1~m-~%~1 LIMITS L1'R ouan ,., ... ~ POLICY NUMBER IMMIDO A x COMMERCIAL Gl'lNERAL LIABILITY EACH OCCURRENCE $ 1,000,00C -~ CLAIMS.MADE [_5£J OCCUR x x BK06611'37 43 08/31(2015 08/31/2016 IJAl\J\ACll: Wt"" I t:l.' $ 600,00C PREMISES Ea occurrence\ 1--- I----------· MEO EXP {Any one person) $ 6,00C PERSONAL & ADV INJURY .____ $ 1,000,00C GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00( =i [KjPRD-Owe PRODUCTS-COMP/OP AGG 2,000,00( POLICY JECT $ OTHER: Emp Ben. $ 1,000,00( AUTOl\llOBILE LIABILITY' i1~1'!=~0S!NGLE LIMIT $ 1,000,00( B X ANYAUTO x x BA\111662$7717 08/31/1015 08/3112016 BODILY INJURY (Per parson) $ ,__ ALL OWNED -SCHEDULED -- AUTOS AUTOS BODILY INJURY (Per accident) $ "-----NON-OWNED rp~~~Jii~d~tPAMAGE HIRED AUTOS AUTOS $ ->----- $ x UMBRELLA UAB I~ OCCUR EACH OCCURRENCE $ 5,000,001 -ESA56113743 0813112015 c EXOESSLIAB CLAIMS-MADE 08/31/2016 AGGREGATE $ 6,000,001 DED I I RETENTION$ $ . WORKERS COMPENSATION x I ~f~TUTE I I OTH- ANO EMPLOYERS' LIABl!.11Y YIN ER D ANY PROPRIETOR/PARTNER/EXECUTIVE D BUWCG03616 09/0'112016 09/01/2016 EL EACH ACCIDENT $ 1,000,00· OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L_ DISEASE -EA EMPLOYE~ $ 1,000,0~ If yes, describe under DESCRIPTION OFOPERA1lONS below E.L DISEASE -POUcY LIMIT $ 1,000,00 A Property Insurance· BKOJi6113743 08/3~!2016 08/3112016 BPP 60,00 A Equipment BK06S113743 08/31/2016 08131/2016 RTS/L$D 26,00 PESCfllPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks SGhodule, may 1>11 alta~h•d ff more space fs required) RE: Various Locations Throughout Cupertino City of Cupertino, ita City Council, board and commissions, officers, employees and volunteers are named as additional insured per attached endorsements. :rn.surance is primary and non-contributory. Gene:ical and aut'o liability waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION City of Cupertino Attn: Chris Mertens 10555 Mary Ave. Cupertino, CA 95014 CITYCUP SHOULD AMY OF THE ABOVE DESCRIBED POLICIES BE CANCELL.ED BEFORE THE EXP!lll!ATION DATE 'THEREOF, NOTICE WILL ae DELIVERED IN ACCORDAl~CE WliH THE POL.ICY PROVISIONS. AUl'HORIZED RF.f'RESENTATl\/E © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD Polley Number: BK056113743 COMMERCIAL GENERAL LIABILITY CG 86110413 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 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 rontract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodlly injury" or "property damage": 1. Caused by "your work" pe1iormed for that additional insured that is the subject of the written contract or written agreement; and 2. Included ir. the "products..comp\eted operations hazard". However: a) The insurance afforded to such additional insured only applies to 1he e"Xtent 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 the written contract or Wl'itten agreement is signed prior to the "bodily Injury" or "property damage". We have no duty to defend an addltional insured under this endorsement until we receive written notice of a "suit" by the additional insured as requir.ed ln Paragraph b. of Condition 2. Duties In The EvEmt Of Occurrence, Offense, Claim Or Suit under Section IV· Commercial General Liability Condltlons. B. With respect to the Insurance provided by this endorsement, the following are added to Paragraph 2.. Exclusions under Section 1-Coverage A· Bodily Injury And IP·rop(li'fy Damage Liability: This insurance does not appl-y to: 1. "Bodily in;ury" or "property darnage1• that occurs prior to you commencing operations at the location where such "bodily rnJury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professiomil architectural, engin!:)ering or surveying services Including: a. The prepar:ng, approv1ng 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. © 2013Liberty Mutual lnsurar~ce CG 86 11 04 13 Includes copyrighted mata.ial of Insurance SeNlces Offlca, Inc .• with its permission • Page 1 of2 C. With respect to the Insurance afforded to these additional insureds, the following is added to Section 11 .. Limits of Insurance: If coverage provided lo the addillonal insured ls required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by contract or agreement: or 2. Avatlable 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 Liability Conditions is amendAd as fellows: 1. The following is addtid to Paragraph 2. Dutles In The Event Of Occurrence, Offense, Cl.alms Or Sult: An additional Insured under this endorsement will as socn as practicable: a. Give written notice of an "'occurrence" or an offense that may result in a clairn 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 avarlable to the additional insured; and c. Agree to make available any other Insurance wh lch 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 Llablllt)r Conditions is amended as follows: a. The fol;owing 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 w_rltten contract or written agreement to prov!de the additfonal Insured coverage on a primary and noncontrlboutory basis, this policy 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 l11surance: CG 8611 0413 When a written contract or written agreement, other than a premises !ease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a stat~ or political subdivision betwoon you and an additional Insured does not require this insurance to be piimary' or prirna1·y and non-c:ontributo1y, 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 exooss over any ether lnsuranoe whether primary, excess, contingent or on any ot:1er basis for which the additional insured has been added as an add'tlonal insured on other policies. © 2013 Liberty Mutual Insurance Includes copyrighted material of lnsuranc.e SeNlces Office, Inc .• 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 LIABILITY EXTENSION This endorsement modifies insuranoe provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART i::;: ti 4 SUBJECT ~ __..... NON-OWNED AIRCRAFT ~NON-OWNED WATERCRAFT :---= PROPER.TY DAMAGE LIASILliY ·ELEVATORS ~ -iiej EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Pro1Perty Damage) .,,,.. MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES AAND B ADDITIONAL INSUREDS ·BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY· ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS· EXTENDED PROTECTION OF YOUR "LIMlTS OF INSURANCE" WHO IS AN INSURED ·INCIDENTAL MEDICAL ERRORS/MALPRAC'rlCE AND WHO IS AN INSURED ·FELLOW EMPLOYEE EXTENSION ·MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIR.50 ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES •<NOWLEDGE OF OCCURRENCE., OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHt=,RS TO US • WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013Liberty Mutual Insurance CG ea 10 04 1s Includes copyrighted material of lnsurance Services Office, Inc, with its permission. 2 2 2 2 3 3 5 6 6 1 7 7 7 7 8 8 Page 1of8 With respect to coverage afforded by this endorsement, the provisions of the poHcy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I • Coverage A • Bocllly Injury And Property Damage Liability, exclusion g, Aircraft, Auto Or Watercraft does not apply to an alr·craft provided: 1. It Is not owned by any Insured: 2. It Is hired, chartered or loaned with a trained paid crew: 3. The pilot fn command holds a currently effective certificate, Issued by the duly consUtuted 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 ts available to the insured other valid and collectible insuranca, wht:ithar primary, excess (other than Insurance written tc apply specifically in excess of this policy), contingent or on any other basis. that would also apply to the loss covered under this prevision. a. NON-OWNl:D WATERCRAFT Under Paragraph 2. Exclusions of Section I· Coverage A· Bodily Injury And Property Damage Llablltty, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft Is replaced by the following: This exclusion does not apply to: (2) A wateroraft you do not own that is; (a) Less than 52 feet long; and (b} Not being used to carry persons or property for a charge. C. PROPERTYDAMAGE LIABILITY ·ELEVATORS 1. Under Paragraph 2. Ex<1lusions of Section I· Covecrage A~ Bodily Injury And Property Damage Liabll- lty, Subparagraphs (3), (4) end {S} of exclusion J. Damage To Property do not apply if such "prop~rty damage11 results from the use of elevators. For the purpose of this provision, elevators do not include vehicle llfts. Vehicle lifts are lifts or hoists used In automobile service or repair operations. 2. The fOl!owlng 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' a Property Oamag0) 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· ltk1dlly Injury and Property Damage LlablUty: a. The fourth from the last paragrap!1 of exclusion J. Damage To Property Is replaced by the follow- ing: Paragraphs (1), (3) and (4) of U1is exclusion do not apply to "property damage" (other than damage by ff re. lightning, explosion, smoke, or leakage from an automatic fire protectlon 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 If rnlt of insurance applies to this cove1·age as described in Section Ill ~ Limits of Insurance. © 2013Lfberty Mutual lnsuranca CG as 10 0413 Includes copyrighted material of Insurance Services OffiC8, Inc .. with Its permission_ Paige 2 of a b. The last paragraph of subsedtlon 2. Exclusions Is replaced by the following: Exclusions c. through n. do not apply to damage by fire, llghtni11g, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you wit!"· ptimtlssl6n <if the owner. A separatEt llt'l'lit of Insurance applies to Dama.ga To Premises Rented To You as described In Section Ill -Limits Of Insurance. 2. Paragraph 6. under Section Ill ·Limits Of Insurance ls replaood by the following: s. 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) While rented to you or temporarily occupied by you with permission of the owner for damaga by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems: or b. Contents that you rent 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 lndemniiies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection syste11s 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 otherwise 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 Paym&nts ·Coverages A and B, Paragraph 1.b. Is replaced by the following: b. Up to $3,000 for cost of ball bonds required because of accidents or traffic law violations arising out of the usa of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds .. 2. Paragraph 1.cl. ls 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 daim 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 PIER.MIT 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 i:ir omissions of those acting on your behalf, In the performanoo of your on going operations for the additional insured that are the subjAct of the wrlUen contract or wrilten agreement provided that the "bodily Injury" or "property dam.age" occurs, or the "per- sonal and advertising. injury" is committed, subsequent to the signing of such written contract or wrilten agreement; or @ 2013Ubarty Mutual lnsumnce CG M 10 04 13 Includes copyrighted material of Insurance Seivlces Office, Inc., with its permission. Pagel 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 a permit subjeot to the following additional provisions: (1) This insurance does not apply to ubodily Injury", "property damage", or vpersonal ar.d ad- vertising Injury" arising out of the operations performed for the state or political subdivision; (2) This Insurance does net apply to "bodily injury" or •property damage" included within the "completed operations hazard". (3) Insurance 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 banne'.s, 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 perrnitted by law: and 2. If coverage provided to the additional insured ts 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 agreernent 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 service, maintenance or repairs) to be performed by or on behalf pf the additional lnsured(s) at the locatiOn of the covered oper.ations 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 fadlil!es 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 addltlonal Insured as required in Paragraph b. of Condition 2, Duties In the Event Of Occummce, OffensG, Claim Or Sult under S0ct!on IV • Commsrolal Gen&ral Llablllty Condi· tions. @ .2013Llberty Mutual Insurance CG SS 10 04 13 Includes copyrighted material of Insurance Services Offire, Inc., with lts permission. Page 4 of 8 2. With respect to tf'\e insurance prcvided by thl$ endorsement, the following 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 the 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'', 11property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professlor:al architectural, engineering or surveying ser1tlces. Including: {1) The preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, tleld orders, change orders or drawings and speclfic:atlons; or {2) Supervisory, inspection, archit~ctural or engineering activities. This exclusion applies even if the claims against any Insured allege negl!gence 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 advertlslng injury'', Involved the rendering of, or the failure to render, any professional architectural, engineering or SLI!Veylng services. d. "Bodily injury" or ''property damage" occurrlng after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (ether than serviee, maintenance or repairs) to be performed by or on behalf of the addltional insured{s) at the location of the covered operations has been ctimpleted; 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 specif!cally 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 foliowing 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 wlll pay on behalf of the additional ·insured is the amount of Insurance: a. Required by the contract or agreement; or b, Available under the Rpplir.oble Limns of lnsur11nce i>h(1Wt1 in the Declaration$: whichever is less. This endorsement shall not Increase the applicsb!e Limits of Insurance shown ;n the Declaratio 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 foHows: a. The following Is added to Paragraph a. Primary Insurance: If sn additional insured's policy has an Other Insurance provision making Its policy exCX1ss, and you have agreed In a wrftten contract or written agreement to provide the add:tfonal insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the addltkmal insured's policy for damages we cover. © 2013Liberty 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. fac!Htles 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 Eiddftlonal Insured does not require th!s Insurance to be primary er primary and non-contributory, this insurance Is excess over any other ihsurance for which the add!· tlonal Jnsured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, lllis Insurance Is excess over any other Insurance whether primary, excess, contlngent or on any other basis for which the additional insured has been added as an additlonal insured on other policies. J. ADDITIONAL INSUREDS ·EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualh'ies as an additlonal insured under any form or endorsement under this policy. 1. The follcwlng Is added to Condition 2. Duties In The. Ev&.nt Of Occurrence, Offense, Claim or Suit: An addl6onal Insured under this endorsement will as soon as practicable: a. Give wrltten 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 the addftional Insured; and c. Agree to make available any other 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 addillonal insured under this endorsement until we receive written notice of a "suit'' by the additional insured. 2. The limits of insurance applicable to the additional Insured are those specified in a written oontract or written agreement or the llmits of insurance 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 lnsuranoo available under this policy. J. WHO IS AN INSURED ·INCIDENTAL MEDICAL ERR.ORS I MALPRACTICE WHO IS AN INSURl:;.D "FELLOW EMPLOYEE EXTENSION • MANAGE!VfENT EMPLOYEES Paragraph 2.a.(1) of section II ·WM 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 limited liability company), to a c..o-"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 uvolunteer workers" while performing duties related to the conduot of your business: (b} To the spouse, chiid, parent, brother or sister of that co-''employee" or "volunteer worker" as a consequence 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 Par.agraphs (1) (a) or {b) above; or (d) Arising out of his or her providing or failing to provide professional health care servioos, However, if you are not in the business of providing professloMI hea!th care setvices or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices fs not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragrciphs {a} and (b) above do not apply to "bodily injury" or "persona! 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 © .2013 Liberty Mutu6ll lnswrenca CG SS 10 04 13 Includes copyrighted material of Insurance Setvfces Offir.e, tno. with ltl permission. Page() of S advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful Intent to cause "bodily lnJury" or "personal and advertising injury", or caused In whole or In part by their lntoxlca~ 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 fellowing: 3. Any organization you newly acquire or form and over which you maintain ownership or majority lnteres~ 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 enU1y was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occun·ed before you acquired or formed tha organization; and c. Coverage B does not apply to "personal and advertising lnjurt 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 person or organization Is an Insured with respect to t1·1e conduct of any current or past partnership, joiht venture or IJmited l!abil\ty company that Is not shown as a Na.med Insured in the Declarations or qualifies as an Insured under thls provision. FAILURE TO DISCLOSE HAZA.RDS AND PRIOR OCCURRENCES Under Section IV M Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failu!'e to disclose all hazards or prior 1'occurrences" existing as of the inception date of the policy shall not prejudir.e the coverage afforded by this policy provided such fallure to disclose all hazards or prior "occurrences'' ls not intentional. M. KNOWLEDGE Or OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -C<Jmtnerclal General Llabfllty Conditions, the following is added to Conditron 2. Duties In The Eve-nt of Occurrence, Offense, Claim Or Sult: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shaU not in itself ronst!lute knowledge of the insured unless an insured listed under Paragraph 1. of SectlOll II· Who ls An Insured or a person who has been designated by them to receive reports of 11occurrences", offenses. claims or "suits11 shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commerclal General Liability Extension Endorsement to provide more coverage Without additional premium charge, your policy wl!I automatlcally provide the coverage as of the day the revision Is effective ln your state. O. BODILY INJURY REDEFiNED Under Section V "Definitions, Deflnltlon 3. Is replaced by the following: $. "Bodily Injury" means physical injury, sickness or disease sustained by s person. This Includes mental anguish, mental Injury, shock, fright or death that results from such physical injury, sick- ness or diMase. @ 2013Liberly Mutual Insurance CG 8810 04 13 Includes copyrighted material of Insurance Services Orftce, Inc., with Its permfssion. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Excfuslon a, of C:OVEM.GE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Is replaced by the following: a. Expected Or Intended Injury 0 Bodily injury" or ''property damage11 expected or intended from the standpoint of the Insured. This exclusion does not apply to "bodily Injury~ or "property damage" resulting from the use of reasonable force to protect persons or property. Q, WAIVER OF TRANSFER OF RIGHTS OF RECOVmY AGAINST OTHERS ro us • WHEN REQU!REO IN .A CONTRACT ORAGREEMENT WITH YOU Under Section IV ·Commercial General Llabllfty Conditions, the following ls added to Condition 8. Trans· fer Of Rights Of Recovery Against Others To Us: We waive My right of recovery we may have against a person or organization because of payments we meke for injury or damage arising out of your ongoing operations or "your work'' done under a contract with that person or organization and Included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed In writing In a contract or agreement that you waive such rights against that person or organization; and 2. The Injury or damage occurs subsequent to the execution of the written contract or written agree- ment. ® 2013Liberty Mutual inr>urnnce CG M 10 04 1.$ Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8