Loading...
16-025 Done Right, Inc., New Roofs Blackberry FarmAGREEMENT BETWEEN THE CITY OF CUPERTINO AND J)one Ri rht Inc. for New Roofs Blackberr Farm THIS AGREEMENT, for reference dated~ i:::1 /~ , 2016, is by and between CITY OF CUPEIZTINO (hereinafter referred to as "City"), a rnun.icipal corporation, and Done Right Inc. (hereinafter referred to as "Contractor"), a California corporation \,vhose address is 1129 Longfellow Avenue Campbell, Ca. 95008 and is made with reference to the follovving: 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 busjness as it is no·w being condi..i.cted 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 New Roofs Blackberry Farm, in accordance with the adopted Specifications, Special Provisions and Plans. NOW, THEREFORE, it is mutually agreed by ;md between the undersigned parties as follows: 1. TERM: 111e Contractor shall begin work within thirty (30) working days after receiving notice from City to commence the work, and shall dibgently prosecute the work to completion before the expiration of thirty (30) 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, ma teTials1 except as otherwise specified, and to do all work strictly in accordance with Specifications, Special Provisions and Plans, which are hereby referred to and expressly made a part hereof with the same force and effect as if the same were folly incorporated herein. 3. ~QMPENSATioN To._cgNTRAcToR: 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 nm.de hi the sarn.e rmumer that daims of a like character are paid by City, with checks drawn on the treasLiry of City, to be taken from the 100-87-841-900-990 fund. Pnyment ·will be made by City in the fo11owing manner: On the first day of each month, Contractor shall submit a wr1tten estimate of the total amount of work done the previous month. Payment shall be made up to 95% of the value of the work City shall retain 5% of the value of the work as partial semrity for the con1pletion of the vvork by Contractor. H.etained amounts will be paid to Contractor 35 days after the acceptance by City and the recording of the Notice of Completion vvith the Santa Clara County Recorder's office. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained fonds. ['age 1of22 4. TIME IS OF THE ESSENCE: Contractor and Ci.ty agree that tin1e is of the essence regarding the performance of this Agreement. It is agreed by the parties t:o the Agreem.ent that in case all tl1e work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in paragraph l above, damage will be sustained by City, and that it is and wiIJ be impracticable to determine the actual damage \·vhich City wiJl sustain in the event of and by reason of such de.lay. It is therefore agreed that the Contractor wiII pay to City the sum of Two Thousand Dollars ($ 2,000) per day for eacl1 and every day's delay beyond the time prescribed to complete the work; zmd the Contractor agrees to pay such liquidated da:mages as herein provided, and in case the same are not paid, agrees that City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. It is farther agreed that in case the work callt~d for under the Agreement is not finished and completed in all parts and requirements within the tin1.e specified, City shall have the right to extend the time for completion or not as rnay seem best to serve the interest of City; and if it decides to extend !:he 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 payrnent for the work, all or any part, as it may deem proper, of the actual costs and overhead expenses which are directly chargeabie to the AgreemenC and \-\rhich accrue during the period of such extensions. The Contractor shall not he assessed with liquidated darnages cforing <:my delay in the completion of the work caused by an act of God or of the pLtblic enen1y, acts of City, fire, flood, epidemic, quaranUne restriction, strikes, freight embargoes, and unusually seveTe weather or delays of subcontractors due to such causes; provided that the Contractor shaJl, within one (l) day from tl1e beginning o.f such delay, notify City in writing of the causes of delay. 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 sh.all be perfonned by qualified and experienced personnel who are not empioyed by City nor have any contrnctual relationship with City. 6. IN_l)J;f_l;~;NDENIJ' ARTIES: City and Contractor intend that the reJationsl·iip between them created by this Agreement is that of employer-independent contractor. The nrnnner and IJ\eans of conducting the work are under the control of Contractor, except to the extent they are limited by stal11te, rn le or regu1ation and the express terms of this Agreement. No civil service status or other right of employment \Nill be acquired by virtue of Contractor's services. None of the benefits provided by City to its Page 2 of 22 employees, iJ1cluding but not Ji111ited to unemployment insurance, workers' co111pensation plans, vacation and sick leave are available from City to Contractor, its ernployees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an empioyer-employce relationship from any fees due Contractor. Payments of the above iterns, if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor assumes any and all responsibility for ver.ifying the identity and employment au1'11orization of i:111 of its employees performing work hereunder, pursuant to all applicable IRCA or oHler federal, or state ruJes and regulations. Contractor shall indemnify and hold City harmless frorn 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 unacceptabJe employer/employee conciL1ct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or ContTactor'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, i:ndernnify, defenlt and hold han11less City and its officers, officials, agents, employees and vo]unteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever frorn 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 011t of, pertaining to, or related to the performance of this Agreement by Contrnctor 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' foes 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 frorn ench and every subcontractor or any other person or enti.ty iJwolved by, for, with, or on behalf of Contractor in the perforn1ance of tbis agreernent. 1£ Contractor fails to obta.i..n such inde.mnity obligations fro1T1 others as required here, Contractor agrees to be fully responsible according to the terms of this section. 10. INSURANC]1: On or before the co1nmcncement of the terms of this Agreement Contractor shall furnish City with certificates showing the type, arnou.nt, class of operations covered, effective dates and dates of expiration of jnsurance coverage .in con1pliance wjth parngraph JOA, 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 Page 3 of 22 provide thirty (30) days' advance written notice to City by certified nrnil, "Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement Elll appropriate coverage of insurance required by this Agreement with Eln insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming City cis ndditional insured shall be submitted with the insurance certiflcates. Contractor shall complete the attached Document 00530 Insurance Forms. A. COVERAGE: Contractor sha1l .n1aintai11 the following J11surance coverage: (1) J1'.:Qrk~t.$_'._Com12ell$.ation: Statutory coverage as required by tJ1e State of California; Employers' Liability $1,0001000 per occurrence (2) General Liability: Commercial-generaHiabiiityco-verage-iJTthe-foHowing-nrinimum-Jimits~ Bodily Injury: $2,000,000 each occurrence $41000,000 aggregate -all other Property Damage: $2,000,000 each occurrence $4,000,000 aggregate IE submitted, combined single limit of $2,000,000 per occurrence; $4,000,000 in the aggregate wilI be considered equivalent to the required minimum limits shown above. (3) Auto1119tiy:g! Comprehensive automobile liability coverage in tJ1e following minimum limits: Bodily inju.ry: $1,000,000 each occurrence Property Damage: $'tOOO,OOO each occurrence or Combined Single Limit: $1,000,000 each occurrence 13. SUBROGATION WAIVER: Contractor agrees that in the event of Joss due to any of the per.ils for \;,1hich it has agreed to provide comprehensive general and autom.otivc liability insurance, Contractor sbcill look solely to its insurance for recovery. Contractor hereby grants to City1 on behalf of any insurer providing comprehensive general and au ton1otive liability insurance to either Contractor or City vvith respect to the servi.ces 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 payn1ent of any loss under such insurance. C. FAILURE TO SECURE: 1£ Contractor at any time during the term hereof should fail to secure or maintain the foregoing .insurance, City shall be permitted to obtain suc11 insunmce Page 4 of 22 in the Contractor's name or as an 21gent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums <it the maximum rate permitted by law and computed from the date vvrHt:en notice is received that the premiums have not been paid. D. ADQITIONAL INSQRED: City, its City Council, boards and commissions, officers, employees, and volunleers 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 i.vould be entitled under tl1is policy if not named as such additi.ona/. 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 <:m 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 1in1its 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: Bonds are not required for this agreement. 12. PROHIBITIQN AG.A.INST 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 \'l'ithout said consent shall be null and void, and any assignee, sublessee, l~ypo theca te or transferee sha 11 acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, clail11s 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 rnpital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate mernber or cotenant, if Contractor is a pmtnership or joint venture or syndic21te or cotenancy, which shaU result in changing the control of Contractor, sllaIJ be construed as an assignment of this Agreement. Control means fifty percent {50'Yc)) 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. Page 5 of 22 Requests for additional subcontracting shall be submitted in writing, dt:scdbing the scope of work to be subcontracted and the name o.f H-1e proposed subcontractor. Sud1 request shall set forth the tolaI price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor Jmiy, at the option of Ci.ty, be issued in the form of a Work Order. In the event that Contractor ernploys subcontractors, such subcontractors shalJ be reguired to furnish proof of workers' cornpensati.on insurance EJnd shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addltion, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. :14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, i11cluding a City Busine.ss License ------th-at-maJ-IJe-required--in1:omTecti01rwi:tlrthl::performance uf services herem1l1~e1~ .. -------------~ 15. REPORTS: Each and every report, drflft work product, map, .record and other docu.ment 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 furhished to City pursuant to this Agreement. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be rnade available to any individual or organization by Contractor vvithout prior approval by City. Contractor shaH, at such tin1e and in such form as City nrny 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 ot11er such information required by City that relate to the performance of services under this Agreement. Contractor shal.J nrnintain adequate records of services provided in sufficient detail to permit an evaluation of services. AII such records shall be maintained in accordance with generally accepted accounting principles 8nd shall be dearly identified and readily accessible. Contractor sh<:1H provide free access to such books and records to the representatives of City or its designees at all proper ti1nes, and gives City the right to examine and audit same, am1 to make transcripts therefrom ElS necessary, and to allovv .inspection of all work, d21ta, docurnents, proceedings 21nd EJctivities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents m1.d records nnd shall be maintained for a period of three (3) years after receipt of final payment. Page 6 of 22 If supplemental ex<irnination or audH of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and City's supplemental exam.inati.on or audit of the records discloses a failure to adhere to appropriate internal fina11dal controls, or other breach of contract or failure to act in good faith, then Contractor shaH reimburse City for ail reasonable costs and expenses associated with the supple1nental exarnination 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 wJ1en delivered personally or ort the second business day after the deposit thereof in the United States Mailr postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals frorn Contractor to City sha II be addressed to City at: City of Cupertino Attn: Chris Orr 1 e5-S-5lvl;aryJ-\\ .. Cupertino CA 95014 All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Done Right Inc. Attn: Gle1m Lenker 1. 129 Longfellovv Avenue Campbell, CA. 95008 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avojd creating excess dust as the work is being prosecuted. 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, stonTl drains and strean1s. The Contractor shall develop and implement erosion and sediment control to prevent poUution of storm drains and strean1s. Sud1 control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filler fabric fences, block and gn1vel 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 siurry and remove from the site). B. Cover exposed piles of soil or conslTLiction material with plastic sheeting. All construction materials 1nust 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 coll.ected and disposed of offsite in an appropriate location. Page 7 of 22 D. After breaking old pavernent, Conlractor sbaU remove all debris to ilvoid contact with rainfall or runoff. E. Contractor shall maintain a clean 1vork 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 !hat 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 protecti.on, and removed at the end of construction. These recom111endatio11s are intended to be used in conjunction with the State of California's Best Management Practices Municipal And Construction Handbooks, local program guidance rnaterif1Is from n1unicipalities, Section 7.1.0"1 of the Standard Specifications and any other appropriate docum.ents on storm 1.vater qw:dity controls for construction. Failure to comply with this program wil1 result jn the issuance of noncompliance notices, citations1 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, pursw:mt to Cal. Water Code '13385. 19. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the rnarwer reqLtired hereunder, Contractor shall be deerned .in default in the perforrnonce of this Agreem.ent. If such default is not cured withi.n a period of two (2) days after receipt by Contractor from City of wri.lten notice of default, specifying the nature oJ such defoult 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 cause1 of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agree.ment, 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 terminatio.n. 20. .C.QMP.LIANC_ES.: Contractor slrnll cornply with all state or federal lciws ;;ind all ordinances, ruies and regulations enacted or issued by City. Specifically, and without lin:ritation, Contractor shall comply with all state, federal, or locaI regulation regarding the removal and disposal of hazardous vvaste. A. PREVAILING WAGES: I'o the extent applicable, Contractor shall comply \o\1itb the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. Contractor shall pay prevailing wages. Contractor will submit monthly certified payro11 records to City for all employees and subcontractors in a preapproved format or a City provided forn1. Any delay in remitting certified payroll reports to City upon request from City will reSLLlt in either delay and/or forfeit: of outshmding pnyment to Contractor. B. WORKING DAY: To the extent appficable, Contractor shall comply with C:aliforn.ia Labor Code Section 18IO, et seq. which provides that work perfonned by employees of contractors in excess of 8 hours pE:r day, and 40 hours during any one 1.veek, n1ust be c01ripens21tecl as overtime, at not less than 1 1/1 times the basic rnte of pay. C. PAYl~OLL RECORDS: To the extent applicable, Contxactor shall comply with Californ.ia Labor Code Section 1776 whicb requires certified payroll records be maintai:ned with the name1 address1 social security number1 work classification1 straight time and overlin1e hours 1·vorked each d8y and week, and the actual per diem vvages paid to each journey1rn:u1/ apprentice1 worker/ or other employee employed by him or l1er in connection with this Agreement. The Payroll Records shall be made avai!abl.e for inspection as provided in California Labor Code Section 1776. D. APPRENTICES: To the extent oppHcable, Contractor shall comply with California Labor Code Section 1777.5 regarding apprentices. 21. ~ONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the lavvs of the State of California excepting any choice of law rules which m.ay direct the application of laws of another ju dsdiction. The Agreement and obligntions of the parties are subject to a11 valid laws, orders, rules1 and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 12. ADVERTISEMENT: Contractor shall not post, exhibit, disp.lay or allow to be posted1 exhibited1 displayed any signs1 advertising, show bills1 lithographs, posters or cards of any .kind pertaining to the service.s performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23. WAIVER: A walver by City of any breach of any term1 covenant, or condition contained herein, sl1aU not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein/ whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and corn.plete 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. Page 9 of 22 25. INSERTF,:D PROVISIONS: Each prnvision and clause required by law to be inserted into the Agreernent shall be deen:ied to be enacted herein, and the Agreement sh;;ill be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 26. .(:APTIONS: The capti:ons in tl1is 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 10 of 22 P.O. No.: _2016-448 __ , ____ _ IN WITNESS W.HEEEOF, the parties have rn11sed the Agreement to be executed on the day and yem· first above vvritten. Address: 1129 Longfellow Avenue Campbell, CA.95008 CITY OF CUPERTINO A Mun icipaJ Corpornti~ A'-·----~~::::__~_/ __ _ 1:1111 B~rdenrDirector of Pu lie Works "'1- 7. Date 2 RECOMMENDED FOR APPROVAL: By 8fJu-0~ Printed Name APPI~OVED AS TO FORM: Contract Amount: $21,000 Account No.: 100-87-841-900-990 DOCUMENT 00530 f'agt:~ 11 of 22 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS .FOR ITEMS 3, 4 AND 51 THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTIIER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT IN TRIPLICATE l. Insurance Agreement -Must be signed by Contractor. 2. Certificate of Insurance to the City of Cnpert:ino -must be com.pieted by the insurance agent m must provide a certificate on the company's form. They must contain the same information. 3. Endorsement: of Additional lnsured a11d Primary Insurance and Notice of Cancellatfon -must -be-signed-bTthe insurance-agentfor-generaI-liability-<md-autonTobtie-ltabiltty-orrly~ - ---- - - - ---- 4. Comprehensive general liability/commercial general liability endorsement of aggregate lin1its of insurance per project -must be signed by the insurance agent for general Jiab.iJity only. 5. Waiver of subrogation endorsement V·/Orker' s compensation insurance -must be signed by the insurance agent for worker's compensation only. Page 12 of 22 INSURANCE AGREEMENT A. Contractor is aware of the prov.i.sions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker1s compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply \"iith such provisions before commencing the performance of the work of this Contract. B. Contractor and a II subcontractors will carry vvorker' s compensation insurance for the I protectfon of its employees during the progress of the work. The insurer shall waive its rigbts of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing san1.e. C. Contractor shall carry at all times1 on all operations herem1der1 cornmerc.ial general liability insurance/ automobile Liabiiity insurance and bu.ildt~r1s all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a ---------certtficalt~n a -form presc.fibecl t1)!1'1'1e Cfty-<.uYcn3118JnJe unclenvfitten ff)nnsur.:i1ice compzuiies- satisfactory to the City fo.r all operations, sub-contract work, contractual obligations, product or completed operations1 all owned vd.1ides and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting vvorker1 s compensation coverage; shall nan1e the City/ its t:ngineer, and each of its directors, officers1 CJgents and enrployees, as determined by the City, as additional insureds on said policies. Inscirers must be licensed to do business in the State of California. The Insurers 1nust also have an /1 A" policyholder's rating and a financial rating of at least Class VII in accordance wit11 !he current Best's G1,1ide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the mmle and policy number of each carrier and policy and that tlle insurance is in .force and wil.l not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain al.I of the foregoblg insurance coverages in force until the work under this Contract is fully completed. The requiren1ent for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the ~Na1Tanty period. Notwithstanding nor diminishing tl1e obligations of Contractor with respect to the foregoing, Contractor shall maintain in foll force and effect during the life of this Contract, the foll.owing inst1rance tn amounts not Jess than the an1ounts specified and having a Besfs Guide Rating of A, Class VII or better or that is othen.visc acceptable to the City. LIMITS Page 13 of 22 Worker's Compensation and Em.ployers' Liability General Liability-commercial general liability; including provisions for contractual liability, personal Injury, independent contractors and products -completed I operations hazard. Autorn.obiJe Liability -comprehensive covering owned, non-owned and hired -autCnnobllas. - - In accordance with the Worker1s Compensation Act of the State of ( .. , l'f • w 1 I c ii . II _a i orma -or <er s .. om p statutory per CA Law; Empioyers' Liability $1,000,000 per occurrence Combined single limit of $2.0 million per occurrence; $4.0 million in the aggregate Combined single limit of $1.0 million per occurrence. By~---------­ Dated: )/C( 20& Page 14 of 22 CUPERTINO I CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupert/110 that the following descrfoed policies have been issued to the insured named b"lovv <}nd are in force at this time. WORKER'S COMPENSATION (Name of insurer) * Sta tu terry Min. ~·Employer's LiabiJity--. $/O~o ooiJ -$ potpo_, $ /tJOO?!JO .,, Insurance Company's State License No. _3§ OJ~0--·-·---·-·--·--~·--·-·----·-··--·-----·-----·~---·-··· .... -- Check Policy Type: I COMPREHENSIVE GENERAL LIABILITY [ ] Prcn1ises/Operations [ ] Owners & Contractors Protective [ ] Contractual for Specific Contract r J [ 1 [ J [ J Products Liability XCU Hazards Broad Form P.D. Severability of Int"erest Clause [ ] Personal Injury '"'ith Efftployee Exclusion Removed or Self-Insured CR:Ml}:?lCIA~~El~tLI~1J .· ~-~fCCL Lll/VJkitk' --LIL~ . Each Occurrence General Aggregate (if applicable) Aggregate Personal Injury Ffre Damage (any one fire) Jvfedical Expense (any one person) Hetention (Name of insurer) AUTOMOTIVE/VEHICLE LIABILITY Commercial Forrn Expiration Date_ ..... i/JS P4 BODILY INJURY Each Person PROPERTY DAMAGE Each Accident Liability Coverage #ektrd OJ1~M (Name of insurer) $_a/JtJQt»c;--$ ___ _ n 17A ·:i i::.aC 1 .CCIC.e!lt Combined Single Limit Expiration Date t/;s/t ~ $ ~tJoa~ 7 Policy No.~ =1/1-I a-07 BUILDEl\'S RlSK "ALL J{ISK" This is to certify that the following policy has been issued by the below-stated company in conformance with the requirements of the project documents and is in forc01 at this tin1e. (Name of insurer) Policy No. _______ ·····-·----Expiration -LimTts of Ua611ity: ------------··------------Deductible: _____ _ (Agent's Initial) A copy of all Endorsements to the policy(ies) which in any way limit the above-listed typt~s of coverage are attached to this Certificate of insurance. This Certificate of Jnsuranc01 is not an insurance policy and does not <unend, extend or alkr the coverage afforded by the policies listed herein. Notwithstanding any requiren1ent, term, or condition of any contract or any other document with respect to which this Certificate of Insurance may be issued or may pertain, the insurnnce 11ffordt::d by the policies described herein is subject to all the terms, exclusions and conditions of such policies. IT IS .HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. By~ Doted J/q__ 2~(; Attach Certificate of Insurance and Additional Insured Endorsement on company forms. Page 16 of 22 CUPERTINO ADDITION At INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: _ D)ud/J~!B_ In consideration of the policy premium m1d notvvithstandi.ng any inconsistent statement in the policy to which this Endorsenient is attached or any other Endorsen1ent attached thereto/ it is agreed as follmvs: The City of Cupertino (°Citi') and its directors, officers, engineers, agents and eirtployees, and all public agencies from whom permits wiU be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy/ but only vvith respect to the operations of the Contractor at or upon any of the premises of the City Jn connection with the Contract with the City, or acts or o.missions of the additional insmeds in connection \.vith, but Hmited to its general supervision or inspection of said operations. The insurance afforded by this policy is pri.rnary insurftnce, and no additional insurance held or owned by the designated '"dditional insured(s) shall be called upon to cover a loss under IJ said additional policy. I CanceIIation Notice. The insurance afforded by this policy sha!J not be suspended, voided, canceled, redticed in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ('Tity1 '). Such notice shall be addressed to the City as indicated below. Page 17 of 22 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, sha11 be n1ailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. l, --··----........................... ---····-·· ....................... ___ ·-----·"··--·-----(print/type name) warrant that I have authority to bind the below listed Insurance Com.pany and by my signature hereon do so bind this Cmnpany. Signature of Authorized Representative:------------------- (Original signature required on all Endorsements furnished to the District) f Names of L A< L , J., _L, l .__,,; Agent/Agency:·~ __ V_ll_Di~A:JJ/~ Address ~7 CP'* cf ~~L ~fs_~73 P<1ge 18 of 22 Title: Q/,t/~ TeJepl1onb -~ 4'1~ -pt Facsimile: ------- CUPE:R1'iNO COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT Project Title and Number:~~ !iii~ In consideration of the policy prernium and not\vithstanding any inconsistent statement in the,, policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: ii This Endorsem.ent modifies the insurance provided under the General Liability Coverage pai) of the below-referenced policy of insurance. The general aggregate nmit under LIMITS OF INSURANCE applies separately to the project described as POLICY lNFORMA TION ' 1. Insurance Company: f::dt«~,Jµefh JM:,v~ a 2. Insu.r~nce Polic~ N.~m~. '.>er.·: _f!_~4L'i7 "fii_.~llZ -···--b 3. Effective Date oJ thi.:J;~dorsement: Yd 20/d · 4. lnsured: /:::tJ,;e.._ :;tfifJ:lc_ 5. Additional Insured~ty of Cupertino, its directors, officers, agents and employees. All notices hen:~in provided to be given by the Insurance Company to the City in co1111ection with this policy and th.is Endorsement, sl1al1 be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I; -----· ......................................... ·-··---·-··------.... ··--· (print/type name) warrant that I have authority to bind the belovv listed Insurance Company and by tny signature hereon do so bind this Company. Signature of Authorized Representative: --·· ···----·-···-·-·-·----·--·----- (Original signature required on a JI Endorsements furnished to the District) Page 19 of 22 Title: Ow Al~ Telephon~l/.'f~;J.-'1.2£f. Facsintile: -------- WAIVER OF SUBROGATION ENDORSEMENT CUPf.ffflNO WORKEH.1S COMPENSATION INSURANCE Project Title and Numbe1·: ~~·-- In consideration of the policy premium and nohvit11standing any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance i Company waives any right of subrogation against the City of Cupertino, and each of its directors, ·officers, agents, consultants and employees by reason of any payn1ent made on account of injury, including death resulting therefrom, sustained by any employee of the insmed, ar.ising out of the; performance of the above-referenced Contract. · ~.0~1~~~.,~:~~~~~~~N .. ~kt;~_lkl!_ --1'-./~------------- 2. Insurance Policy Nmnber: _....,;5,,,..,0"" ... Q"'""~=--:i....,,,"-S:..._..-3'---/_~ _____________ _ 3. Effec.tive !"'of thisD:c\~~'.2ht: ... 12/6-_. ____ ........ ____ ... __________ 20~. 4. Insured: LJQAI'<::~ AU notices herein provided to be given by the Insurance Company to the City i11 connection with this policy and this Endorsement, shall be rnailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, ______ .... _._ --------.......... (print/type nl'lme) warrant that I have authority to bind the below listed .Insurance Company and by my signature r hereon do so bind this Co1T1pany. I Signature of Authorized Representative: ---·-· ............ -......................................... -....... .. .................................... . (Original signature required on all Endorsements furnished to the District) Names of ~ U, / .;;1 Agent/Agency: f?. --~· ..... '£~---Title:(}~~···· ........ -... . Teleph01~~/.(/~~f M .... Facsimile: ------·-·--- Page 20 of 22 // i - PROPOSAL DATE NO. 112212016 6965 CUSTOMER ADDRESS JOB LOCATION City of Cupertino 10555 Mary Avenlle Cupertino Ca 95014 21979 San Fernando CONTACT NAME WORK PHONE# HOME PHONE# DESCRIPTION Scope of work for Roof above Cafe: Sign to be removed by other. 4x4 and a/Con top remove by other put back after we are done. Tear off existing I layer of roofing by Genesis Removal; haul all debris away and rnn magnet for nails (all done in one day). Leave existing flat roof in place \Ve \viii go over it. Change nosing on edge of roof. Install Metacrylie system over the top of flat roofcolor is white. Install 30 pound felt. Install new pipe flashing and heater flashing. Reuse uttic fans for ventilation. Install 18-inch pre painted valley metal. lnstall CcrtainTeed Landmark plus shingles color Burnt Sienna Install 10 inch rapid ridge. Paint flashing with paint to match roof color. Haul all debris. No permit provided. Install nosing 011 rakes. Reuse existing gutters Labor and materials;$ l 3,800 DISCLOSURES -Please read carefolly: CELL PHONE# I) Done Right is not responsible for any damage done to driveway by trucks necessary to deliver materials or removing of old roof. 3) Dryrot, Carpentry and/or Custom Sheetmetal work is extra $85 per hour plus materials. 4) If we find more layers of roofing other than stated above in the tear off, there will be an extra TOTAL Lie. #774962 B· I C-39 C·43 l'ropoBal expires in 30 days from date above. Thank you. Page 1 TOTAL 13,800.00 PROPOSAL DATE NO. l/2212016 6965 CUSTOMER ADDRESS JOB LOCATIOl\ City of Cupertino I 0555 Mary Avenne Cupertino Ca 95014 2 I 979 San Fernando CONTACT NAME WORK PHONE# HOME PHONE# DESCRIPTION charge. 5) We may find tdepbone, electdmil, cable wires in attic nm over rallers or not run in a professional manner, moving wires is extra at $85/hr. plus materials 6) Dmi11g roofing process, nails may pop thru sheetrock ceiling due to original framing and weight of materials. Fixing is not included in proposal total. CELL PHONE# 7) Debris will foll into structure; owner should cover with plastic. Debris will also fall into attic and is owner's responsibility to clean. 8) MA TERI AL PRICES SUBJECT TO CHANGE. ACCEPTANCE OF PROPOSAL The above prices. speciflcatio11s and conditions arc satisfactory and are hereby accepted. You are authorized to do the work as specified. It is understood and agreed that this work is not provided for in any other agreement. PAYMENT TERl\r!S: 10% down or$ I 000, whichever is less, due upon signing contract. 50% due upon completion of l/2 project. Balance due upon final completion of project. 1.5% inu~rest charged if not paid within 30 days from invoice date. Acceptance Signature (Owner/Contractor)_ __ . __ .. _ _,., .. , __________ _ 20 YEAR WARRANTY AGAINST DEFECTS IN \VORKiv!ANSHTP Sales Tax Lie. 11774962 B· l C-39 C-43 l'roposal expires in :HJ days from date above. Thank you. Page 2 TOTAL TOTAL 0.00 $13,SOOJJO ft I PROPOSAL DATE NO. 1122/20 16 6964 CUSTOMER ADDRESS JOB LOCATION City of Cupertino I 0555 iV!ary A.venue Cupertino Ca 95014 CONTACT NAME WORK PHONE# DESCRIPTION Scope of work for Roof Next to slide: HOME PHONE# Tear off existing I layer ofroofing by Genesis Removal; haul all debr·is uway nnd run magnet for nails (all done in one day). Jn.stall 30 pound felt. Install new pipe flashing and heater flashing. Reuse attic fans for ventilation. Install 18-inch pre painted valley metal. Install Certa.inTeed Landmark plus shingles color Burnt Sienna Install. 10 inch rapid ridge. Paint flashing with paint to match roof color. Haul all debris. No permit provided. Install nosing on ntkes. Reuse existing gutters Labor and materials; $6900. DISCLOSURES· Please read carefolly: CELL PHONE# I) Done Right is not responsible for any damage done to driveway by trucks necessary to deliver materials or removing of old rnof. 3) Dryrot, Carpentry and/or Custom Sheetmetal work is extra $85 pe1· hour plus materials. 4) Jfwe find more layers of roofing other tban stated above in the tear off there will be an extra charge. 5) We may find telephone, electrical, cable wires in attic run over rafters or not run in a profrssionaJ manner, moving wires is extra at $85/hr. plus materials 6) During roofing process, nails may pop tbru sheetrock ceiling due to original framing and weight of materials. Fixing is nor included in proposal total. 7) Debris will fall into structure; owner should cover with plastic. Debris will also fall into attic Lie. i/774962 13·1 C-39 C·43 Proposal exprres in 30 days from dnte above. Thank you. TOTAL Page 1 TOTAL 6,900.00 CUSTOMER ADDRESS City of Cupertino 10555 Mary Avenue Cupertino Ca 95014 CONTACT NAME WORK PHONE# HOME PHONE# DESCRIPTION and is owner's responsibility to clean. 8) MATERIAL PRICES SUBJECT TO CHANGE. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do tht' work as specified. lt is understood and agreed tlrnt this work is not provided for in any other agreement. PA YrvlENT TERMS: 10°;(1 down or $1000, whichever is kss, due upon signing contract. 50'!fo due upon completion of I/2 project Balance due upon film! completion of prqj ect. 1.5% interest charged if not paid with in 30 days from invoice date. Acceptance Signature 20 YEAR 'v\IARRANTY AGAINST DEFECTS IN WORKMANSHIP Sales Tax PROPOSAL DATE NO. I /22f2016 6964 JOB LOCATION CELL PHONE# TOTAL 0.00 TOTAL T.ic. #774962 B-1 C-3 9 C-43 Proposal expires in 30 days from date above. Thank you. $6.900.00 Page 2 END OF DOCUMENT Page 22 of 22 ~® ACORD ~ CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DD/YYYY) 03/09/2016 THIS CERTIFICATE JS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BE'!WEEN THE ISSUING JNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does 1101 confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FRANK VITALE INSURANCE AGENCY 4067 Cory St Soquel, CA 95073 DONE RIGHT, INC 1129 LONGFELLOW AVE CAMPBELL, CA 95008 COVERAGES CERTIFICATE NUMBER' INSURER C · INSURER __ [) .. : ................ _,.,_ . ., .............. -... ·-----------------·-·---........... -.................. _,_, __ ------... -........ _ .. . INSUR~!i_~;_-·-·-·--.. ---····-.. -· .................... _____ ,,_, ___ ,, ............ _ ....................... -........ -------· ··-·----............... __ _ INSURER F: 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. wsil"'~""'-"" ___ ,,, ______ ,., .. _, __ , __ , ..... _ ........ _ ADDL s'OiiR .................. -... ~ .............. --···----·----·-roi.JcY"EFF--POLICYEXP~---·--·---... -.• -...... _____ .. ____ ,, LTR TYPE OF INSURANCE INSD wvo POLICY NUMBER llMM/DD/YYYYI IMM/DD/YYYYl LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE ... L1 .. c 0 0 0 , _QQ_Q_ .. -·-·--.. --, CLAIMS-MADE [Kl OCCUR "'DPiMll"GT:TO"REITTE'D-·- -f--' .J'.BE' .. M-L~~§_(§.~ ... gggyr.ce.r:g.~L .. $ 5_Q_.(_Q_Q_Q ___ -···---·-----------PC 71456-07 04/15/2015 01/15/2016 3.1 .. ~E.~~.0.~ .. ?.~:..e~!.:.~~2-.. $ 5 r. ... 9 .. Q_Q_ A y y PERSONAL & ADV INJURY $ 2, 000, 000 -·-··-··-·----------............ ,_,_,_,,,., ... ~-····,.·····-·-·············--$ 4 , o o o ;·cfo-cr GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE ~=1 POLICY [[I ~fgi []Loe --·--------~=I~-_Q:Q]r, o Q.Q.. PRODUCTS • COMP/OP AGG --------- OTHER: $ AUTOMOBILE LIABILITY t:UM~IN!:D SINGLt LIMIT $ -j!:_Laccldent) ______ ,,,, __ ,_ ----------~ .. ·-~·-·-··· ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED --SCHEDULED ·---~·-·--~·-·--·-·-·-····--· .. ···-···----•~M·-.. ·-· AUTOS AUTOS BODILY INJURY {Per accident) $ ----NON-OWNED 1ROPERTY tfAMAGE ··-·--·--HIRED AUTOS AUTOS Par accident $ ·----~·· --·····-------$ UMBRELLA LIAS -/OCCUR EACH OCCURRENCE _$ -·----·~··---~·--•-•,.v• --·---............ EXCESS LIAB CLAIMS-MADE AGGREGATE $ r---o-;~T-r;ETENTION $ ····-~-·~-··-.-----~·-·~··•»•""~-..... ..--~· $ WORKERS COMPENSATION ~~Ji.I.Li I ~~H-AND EMPLOYERS' LIABILITY YIN 3002353-16 01/01/2016 01/01/2017 -··~~-~ B ANY PROPRIETOR/PARTNER/EXECUTIVE [] y E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA 1 ;-.. 6-oo, ooo (Mondatory in NHj _§J:Y ISE~SE · E~-~~~OY5 .. -~-If yes, describe under 1 f 0 Q 0 I 600·-DESCRIPTION OF OPERATIONS below E.L. DISEASE ·POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCA T!ONS I VEHICLES (ACORD 101, Additional Remarks Schedule. may be allached if more space is required) P8R co "A" ADDITIONAL INS!JRE:D ICNDORSE:MENTS: Pere 24 1007, i?IUMARY AND NON-CONTRil3UTORY !;'ORM: PCIC 2479 1007' WAIVf,;R 01.' SUl3f10GA'l'ION F"ORM: l'CXC 249671 l.007 & !.'Im P.l\OJr;c1· l\GGRE:GATE: FORM: PCIC 24 7752 1000 l\"l'"l'ACHED. PER co 11311 WAIVER or SUBROGA'l' ION ENDORSEMENT Al''J'ACHED. 1'Hf:: CER"ril?!CA1'E f!OLIJER, '!'HE cr·ry OF CUJ.'f!:R1'INO, I1'S CI'J'Y COUNCIL, BOARDS /\ND COMMISSIONS, OFFICERS, r::MPLOYEES AND VOLUN1'ElmS ARE NAMW AS AllDI'l'IONAL INSURED WITH RESPECT TO 1'HE INSUREDS JOll ()P!::IV\'l'IONS: !~~:ROOFING WORl< Of 2 BUILDINGS A1' BLACl<B!':RRY FARM, 2197 9 BAN FERNANDO AVE, CUPERTINO, CA. JOB DURATION: 03-22-16 'l'O 04-01-16. EST. JOB COST: $24,000. CERTIFICATE HOLDER CANCELLATION CITY OF CUPERTINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN: CITY MANAGER THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 AUTHORIZED REPRESENTATIVE /~~ I © 1988·2014 ACORD CORPORATION. All rights reseNed. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREFERRED CONTRACTORS INSURANCE COMPANY RISK RETENTION GROUP, LLC COl\llMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person(s) or Organization(s); Location(s) of covered operations; Additional Insured(s) Address: The City of Cupertino, Its City Council, Boards and Commissions, Officers, Employees and Volutneers (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: I. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. Except as set forth above, all of the term.~. conditions and exclusions of this policy apply and remain in effect. Policy No.: PC71456-07 Date: 03/08/2016 Time: 12:01 a.m. Preferred Contractors Insurance Company Risk Retention Group, LLC 27 North 27th Street, Suite 1900 Billings, Montana 59101 By: 12~~~~ END PCIC 24 10 07 THIS ENDORSEMENT CHANGES nm POLICY. PLEASE READ IT CAREFULLY. PREFERRED CONTRACTORS INSURANCE COMPANY RISK RETENTION GROUP, LLC COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION INCLUDING PRIMARY COVImAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Pcrson(s) or Organizaiion(s); Location(s) of covered operations; Additional Insured(s) Address: The City of Cupertino, Its City Council, Boards and Commissions, Officers, Employees and Volutneers (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicGble to this endorsement.) A. Section II· Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following exclusions apply: This insurance docs not apply to "bodily injury" or "property damage" occurring after: I. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be pe1formed 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 engaged in performing operations for a principal as part of the same project. C. The insurance afforded by the policy to the Additional Insureds listed in the Schedule for the described location(s) is primary insurance. Any other insurance or self-insurance maintained by the Additional Insured(s) is excess of this insurance and shall not contribute to it. ' Except as set forth above, all of the term:-;, conditions and exclusions of this policy apply and remain in effect. Policy No.: PC71456-07 Date: 03(08/20:16 Time: 12:01 a.m. Preferred Contractors Insurance Company Risk Retention Group, LLC 27 North 27th Street, Suite 1900 Billings, Montana 59101 By:~~~~~~ END PCIC 24 79 10 DI_ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREFERRED CONTRACTORS INSURANCE COMPANY RISK RJnENTION GROUP, LLC COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION INCLUDING WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE, BECAUSE OF THE PAYMENT WE MAKE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A CONTRACT WITH THAT PERSON OR ORGANIZATION. SCHEDULE Name of Person(s) or Organization(s); Location(s) of covered operations; Additional Insured(s) Address: The City of Cupertino, Its City Council, Boards and Commissions, Officers, Employees, and Volunteers (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Except as set forth above, all of the terms, conditions and exclusions of this policy apply and remain in effect. Policy No.: PC71456-07 Date: 09/29/2015 Time: 12:01 a.m. Preferred Contractors Insurance Company Risk Retention Group, LLC 27 North 27th Street, Suite 1900 Billings, Montana 59101 By: i2 . ~ Authorize Representative END PCIC 24 967110 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREFEHRED CONTRACTORS INSURANCE COMPANY IUSK RETENTION GROUP, LLC COMMERCIAL GENimAL LIABILITY POLICY ADDITIONAL INSURED· AMENDMENT OF LIMITS OF INSURANCE (Per Project Aggregate Limit) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE ~~~~~~~~~~--~~~. Name of' Pcrson(s) or Organization(s); Location(s) of covered operations; Additional Insurcd(s) Address; The City of Cupertino, Its City Council, Boards and Commissions, Officers, Employees and Volutneers I. Your policy is amended to include a Per Project General Aggregate Limit [ J Per Project General Aggregate Limit$ 4,ooo,ooo lJ. SECTION III-LIMITS OF INSURANCE, is amended to include the following; 1. The Limits of Insurance and the rules below fix the most we will pay regardless of the number of: a. Insureds: b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury'' or "property damage'' included in the products-completed operations hazard"; and c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 4. Su~ject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we will pay under Coverage A because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, lhe Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. END PCIC 24 7752 10 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREFERRED CONTHACTORS INSURANCE COMPANY RISK RETENTION GROUP, LLC COMMERCIAL GENERAL LIABILITY POLICY 8. Subject to 2., 4., 5., 6., and/or 7. above, the Per Project Aggregate Limit is the most we will pay under Coverages A, B, and C combined fol' the sum of: a. Dmnagcs under Coverage A; b. Damages under Coverage B; and c. Medical Expenses under Coverage C arising out of any single Project· described above. 9. SLJbject to 2., 4., 5., 6., and/or 7. above, the Per Location Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical expense8 under Coverage C arising out of the any single Location described above. The Limits oflnsurancc of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less t.han 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. III. The Limits of Insurance shown in Lhe Declarations are deleted in their entirety and replaced by the Limits of Insurance set forth below. General Aggregate Limit Each Occurrence Limi.t Products-Completed Operations Aggregate Limit Personal & Advertising Injury Limit Damage to Premises Rented to You Medical Expense Limit Per Project General Aggregate Limit, Per Location General Aggregate Limit or Per Project General Aggregate Limit Limit of Insurance $4,000,000 $4 000 000 $2 000 000 $50,000 $5,000 -----··---···--$4,000!_.o_(_JO ____ _ IV. SECTION V -DEFINITIONS, is amended to include the following: 23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way railroad. Except as set forth above, all of the terms, conditions and exclusions of this policy apply and remain in effect. Policy No.: PC714!5(-i-07 Date: 0.1/0t3/2Dl 6 Time: 12:01 a.111. Preferred Contractors Insurance Company Risk Retention Group, LLC 27 North 27th Street, Suite J 900 Billings, Montana 5910 I By: END PCIC 24 7752 10 08 El\JD0f1SENIE:!l\JT AGf1EEIVIEl\lT WAIVEH OF SUBROGA'1'ION BROKER C()PY 3002353-J.6 RENEWAL NA HOME OFFICE SAl\J Fl~ANCISCO 1-56-63-03 PAGE 1 OF 1 3, 2016 AT 12.0J. A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDAllD TIME on THE TIME INDICATED AT l"ACIFIC STAl\IDAFlD TIME EFil'EC'I' IVE MAHCH AND EXPIRING JANUARY J., 2017 AT 12.01 A.M. DONE R IGH'r, I NC, 1129 LONGFELLOW AVE CAMPBELL, CA 95008 ANYTHING IN THTS POLICY TO THE CONTRARY NOTWITHSTANDING, TT JS AGI\EED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT or SUBIWGATION AGAINST, City of Cupertino WHICH HIGHT ARISE BY REASON OF ANY PAYHENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, DONE RIGHT, TNC. IT IS l"URTHEH AGREED THAT THE INSURED SHALL .MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE HEMUNERATION OF EMPLOYEES WHILE ENGAGED TN WORK !"OR THE ABOVE EMPLOYER. IT TS FURTHER AC:l<EED THAT PREHIUH ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS El\IDORSEIVIENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, COl\fDITIONS, AGflEEMEN'TS, OR LIMITATIONS OF THIS POLICY OrHEn THAN AS STATED. NOTHING ELSEWHERE IN THIS POI.ICY SHALL nE HELD TO VARY, ALTEH, WAIVE OR LIMlr THE TEnMS, COl\IDITIONS, AGREEMENTS OR LIMITATIOl\IS OF THIS El\IDORSEMENT, COUl\ITERSIGr\llO:D AND ISSUED /\T SAN FRANCISCO: /j/~---d~:>,.-r / .?;t;,.;7 ------/t~VZ .. f\..,,t{,_ ,,~ AUTHOlllZED F{Ef'l'llcSENTr ·1v1.: SCIF FOf1M 10217 (REV.7·201'1) MARCH 4, 2016 J ~ ..... -7,...,,,-1 f'RESIDENT /\ND CEO 'l 2570 OLD DP 21/ CUPERTINO Cuf:y of C1U11:>ertino Service Center 10555 Mary Avenue CUPERTINO, CA 95014 www. Cupertino.erg VENDOR 225 -DONE RIGHT, INC City of Cupertino Service Center 10555 Mary Avenue CUPERTINO, CA 95014 www.Cupertino.org Purchase Or'der No. 2016-00000448 DATE 02/23/2016 PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES, SHIPPERS, BILL OF LADING AND CORRESPONDENCE DELIVER BY 0 GLENN R LERNER SHIP VIA ~~.1~~A~~~~~~~~~oA~V_E~~~~~~~~~~~~~~-~;~~~~;;1_R_M_S~~~~~~~~~~~ -ORIGINATOR: Chylene Osborne REFERENCE# DESCRIPTION: Roof repairs@ BBF QUANTITY Hm;a DESCRIPTION UNIT COST TOTAL COST 1.0000 Each 21,000.0000 $21,000.00 100-87-841 900-990-Capital Outlay Special Projects -PW 21,000.00 --- ---- --------------- - ------- "' TOTAL DUE $21,000.00 • DATE 02/23/2016 Authorized Signature Special Instructions