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16-045 Beltramo Electric, Inc., Street Lighting Repair and Associated WorkAGREEMENT BETWEEN THE CITY OF CUPERTINO AND BELTRAMO ELECTRIC, INC. STREET LIGHTING REP AIR AND ASSOCIATED WORK. THIS AGREEMENT, for reference dated April 13 , 2016 is by and between CITY OF CUPERTINO , a municipal corporation (hereinafter referred to as "City"), and Beltramo E lectric, Inc . a California corporation whose address is P.O. Box 416, San Martin, Ca. 95046 hereinafter called the Contractor, and is made with reference to the following: RECITALS: A City is a municipal corporation dul y organized and validl y 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 installation of traffic signal loops at Homeste ad Rd. west of Barranca Dr. C. The services in this contract are at the direction and request of the office of the City Attorney and are for the purposes of anticipated litigation. NOW, THEREFORE, it is mutuall y agreed b y and between the undersigned paiiies as follows: 1. TERM: The Contractor shall begin work within thirty (30) calendar days after receiving notice from the Street Dept. Supervisor to commence the work, and shall diligently 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, materials , except as otherwise specified , and to do all work strictly in accordance with the proposal dated April 12 , 2016, attached hereto as 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. 3 . COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set f01ih in Contractor's proposal , which is attached hereto as Exhibit "A" and incorporated herein by this reference. Payment will be made in the same manner that claims 1 of a like character are paid by the City, with checks drawn on the treasury of the City , to be taken from the general fund. The total compensation under this contract is not to exceed nine thousand dollars ($9000.00). 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of an independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance , workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents . Deductions shall not be made for any state or federal taxes , FICA payments , PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items , ifrequired, 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 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: 2 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 negligence or willful misconduct of City, its agents or employees . Such costs and expenses sh a ll include reasonable attorneys' fees of counsel of City 's choice , expert fees and all other costs and fees oflitigation. Contractor agrees to obtain exe cuted indemnity agreements with provisions identical to those set fo1ih 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 1 OA , 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: Chris Mertens ." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates . A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 Property Damage: each occurrence $2 ,000 ,000 aggregate -all other $500 ,000 each occurrence $1 ,000 ,000 aggregate 3 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 Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverage's, 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 po1iion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Contractor is not required to provide bonds. 12. PROHIBITION AGAINST TRANSFERS: 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 4 consent of City. Any attempt to do so without said consent shall be null and void , and any assignee , sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale , assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing , describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES : Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. 15 . REPORTS: Each and every repo1i , 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 prope1iy of City. Consultant may retain a copy of any repo1i 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. 5 16. RECORDS: Contractor shall maintain compl ete 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 serv ices. All such records shall be maintained in accordance w ith 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 there from as necessary, and to allow inspection of all work , data, documents , ptoceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records , and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls , or other breach of contract or failure to act in good faith , then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17 . NOTICES: All notices, demands , requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail , postage prepaid, registered or certified, addressed as hereinafter provided. City at: All notices , demands , requests , or approvals from Contractor to City shall be addressed to City of Cupertino 10555 Mary Avenue Cupertino CA 95014 Attention: Brad Alexander All notices , demands , requests, or approvals from City to Contractor shall be addressed to Contractor at: P.O. Box 416 San Martin, Ca. 95046 Attn : Kimberly Beltramo 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control , contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: 6 A. Use storm drain inlet protection devic e s such as sand bag barriers , filter fabric fences , block and gravel filters . (Block storm drain inlets prior to the staii of the rain y 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 staii of construction, up-graded as required , maintained during construction phases to provide adequate protection , and removed at the end of construction. These recommendations are intended to be used in conjunction with the States Best Management Practices Municipal and Construction Handbooks , local program guidance materials from municipalities , Section 7 .1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction . Failure to comply with this program will result in the issuance of noncompliance notices , citations , project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code '13385 . 19. TERMINATION : In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option , at its sole discretion and without cause , of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein . Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 20. COMPLIANCES: Contractor shall comply with all laws, s tate or fed er al and all ordinances, rules and regulations 7 enacted or issued by City including, without limitation, the following. A. PREVAILING WAGES: Consultant shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. Consultant shall pay prevailing wages. Consultant will submit monthly certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Consultant B. WORKING DAY: Consultant shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 1h times the basic rate of pay. C. PAYROLL RECORDS: Consultant shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The Payroll Records shall be made available for inspection as provided in California Labor Code Section 1776. D. APPRENTICES: Consultant shall comply with California Labor Code Section 1777.5 regarding apprentices. 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforce.d 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 co mis of the County of Santa Clara, State of California. 22. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs , posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23 . WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature 8 whatsoever between the parties hereto , and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein . No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 25. SAFETY REQUIREMENT All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA . City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Contractor shall maintain the work sites free of hazards to persons and /or prope1iy resulting from his or her operations. Any hazardous condition noted by Contractor, which is not a result of his or her operations, shall immediately be repo1ied to City. 26. HOURS OF OPERATION Contractor shall be allowed to operate only for the hours of 7:00 a.m . to 4:30 p.m. unless prior written approval has been secured from City to do otherwise. 27. 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. Contractor will submit (monthly or biweekly) ce1iified 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. 28. 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 , an y such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 9 29. 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. IN WITNESS WHEREOF, the paiiies have caused the Agreement to be executed on the day and year first above written . CONTRACTOR Beltramo Electric , Inc. P. 0.: 1Q 1 !ti -s~s;- CITY OF CUPERTINO A Municipal Corporation RECOMMEN ~VAL: By--=~~µ=""---r,-:-'------=-:=:==-===~ Title d? v,io,?cc.::- ATTEST: ~,w- L{ ~b~---1& City Clerk Contract Amount: i 3 S-6 ~ Account No .: 2-1-'0 _. °t.~.-0~ 10 ' ' **********************************************************************************************************~ BELTRAMO ELECTRIC, INC. P.O. BOX 416, SAN MARTIN, CA 95046 PHONE (408) 778-0076 FAX (408) 778-2499 CELL (408) 595-4882 **********************************************************************************************************'. DATE : TO : ATTN: SUBJECT: FAX# PHONE# BID DATE : 04-12-16 CITY OF CUPERTINO BRAD ALEXANDER HOMESTEAD AND BARRANCA (408) 777-3399 (408) 777-3275 04-12-16 WE HEREBY OFFER THE FOLLOWING QUOTATION: ITEM NO. DESCRIPTION 1** FURNISH AND INSTALL 6' X 6' TY PE "D" LOOP 2** FURNISH AND INSTALL 6' X 6' T YPE "A" LOOP 3 FURNISH AND INSTALL 2' X 6' TYPE "C" BIKE LOOP TOTAL AMOUNT UNIT EST . UN IT QTY. QTY. PRICE EA 2 $ 1, 100.00 EA 6 $ 950 .00 EA $ 450 .00 ================================================================= INCLUSIONS: *COORDINATION WITH CITY INSPECTOR *TRAFFIC CONTROL FOR OUR PORTION OF WORK EXCLUSIONS: *NIGHT WORK & OVERTIME *ALL PERMITS & FEES *BONDS AND BOND FEES TOTAL PRICE $ 2,200 .00 $ 5,700 .00 $ 450 .00 $ 8,350.00 NOTE: **PLANS INCORRECTLY LISTED THE AMOUNTS AS (1) TYPE "A" LOOP AND (3) TYPE "D " LOOPS PER LANE . IT SHOULD HAVE BEEN LISTED AS (1) TYPE "D" LOOP AND (3) TYPE "A" LOOPS PER LANE (STANDARD INSTALLATION ... AND THAT IS WHAT IS DRAWN ON THE PLANS). TIME OF COMPLETION I LIQUIDATED DAMAGES N/A ADDTL. INFO.: B.E.l.'S CONTRACTOR'S LICENSE NUMBER IS #800059. CLASSIFICATIONS A & C10. EXPIRATION DATE 10/31/2017. B.E.I. IS A UNION CONTRACTOR SIGNATORY TO l.B.E.W. #332 AND L.l.U. #270. B.E.I. IS CLASSIFIED AS AN S.B.E. THIS QUOTE IS VALID FOR THIRTY (30) DAYS FROM THE DATE OF BID. REFER QUESTIONS TO : TIM EDES AT (408) 778-0076 . NUMBER OF PAGES FAXED: 1 Exhibit A FILE #:Beltramo Homestead Rd Exhibit A.xis BELTELE-01 LISA ACORD. CERTIFICATE OF LIABILITY INSURANCE I DA TE (MMIDDNYYY) ~ 4/14/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed. If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0504035 CONTACT NAME: Pacific Diversified Insurance, Inc. r~gN~o Extl: (408) 842-2131 I rie~ Nol: (408) 842-0867 9015 Murra~ Ste 11 O Gilroy, CA 5020 E·MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Landmark American Insurance Co INSURED INSURER B : West American Insurance Company 44393 Beltramo Electric, Inc. INSURER c: Scottsdale Insurance Co P.O. Box 416 INSURER D : State Compensation Ins Fund 35076 San Martin, CA 95046 INSURER E : IN SURER F : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER: THI S IS TO CERTIFY THAT THE POLI CIE S OF IN SURANC E LISTED BELOW HAV E BEEN ISSUED TO THE INSURED NAMED ABO VE FOR THE POLI CY PERI OD INDI CATED . NOTWITHSTANDING ANY REQUIREMENT , TERM OR COND ITI ON OF AN Y CONTRACT OR OTHER DOCUM ENT WITH RESPE CT TO WHICH THI S CERT IFI CATE MAY BE IS SUED OR MAY PERTAIN , THE IN SURANCE AFFO RDED BY THE POLI CIES DES CRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXC LU SIONS AND CON DITION S OF SUCH POLI CIE S. LIMITS SHOWN MAY HAV E BEEN REDUCED BY PAID CLAIMS . IN SR TYPE OF INSURANCE IAUDL l:SUt>K POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDDNYYY) (MMIDDNYYY) A x COM MERCIAL GENERAL LIABILITY EAC H OCCU RR ENCE s 1,000 ,000 -D CLA IMS -MAD E 0 OCCU R u"'""'"' l;Yt'"" ~u x x LHA138570 12/01/2015 12/01/2016 PREMISES Ea occurren ce ) s 50 ,000 ~ MED EXP (Any one person) s Excluded PERSONAL & A DV INJU RY s 1 ,000,000 ~ GEN'L AGGR EGATE LI M IT AP PLIE S PER: GE NERA L AGG RE GATE s 2,000,000 Fl 0PRO-D LOC PRODUCTS -COMP/OP AGG s 2 ,000,000 POLICY JECT OTHER: s AUTOMOBILE LIABILITY ~~~~~~~~l~I NGL E LIM IT $ 1 ,000 ,000 B x ANY AUTO x x BAW56245474 12/01/2015 12/01/2016 BO DILY IN JURY (Per pers on) s -ALL OWN ED -SCHEDULED AUTOS AUTOS BO DI LY INJURY (Per acci dent) S -~ NON-OWNED PROPERTY DA MAG E HIRE D AUTOS AUTOS I Per accident) s -~ s UMBRELLA LIAB M OCCU R EACH OCCU RRENC E s 4 ,000 ,000 -c x EXCESS LIAB CLAIM S-MADE XLS0098311 12/01/2015 12/01/2016 AGGR EGATE s 4 ,000,000 DED I I RETE NTI ON s s WORKERS COMPENSATION X I ~ffrurE I I OTH- AND EMPLOYERS' LIABILITY ER Y I N D ANY PR OPRIET OR/PAR TNER/EX ECUTIVE D x 9082548-2016 01/01/2016 01/01/2017 E.L. EACH ACC IDE NT s 1 ,000 ,000 OFF ICER/MEMBE R EXC LUD ED? N /A (Ma ndatory in NH) E.L. DIS EAS E -EA EMPL OY EE S 1 ,000 ,000 If yes . describe un der E.L. DI SEAS E -POLI CY LI MIT DESC RIPTI O N OF O PERAT IONS be low s 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 , Additional Rem arks Schedule, may be attached if more space is required ) Job: installation of traffic signal loops at Homestead Rd. west of Barranca Dr City , its City Council , boards and commissions, officers , employees, and volunteers are included as additional insured per the attached endorsements. Wa ive r of subrogation applies to all policies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN 10555 Mary Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I pLui_a_~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET -YOUR WORK This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE ----------~----------- Name of Person or Organization: Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a written permit , to provide insurance such as is afforded by this policy . SECTION II -WHO IS AN INSURED is amended to include as an additional insured the person(s) or organizat ion(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 ; and/or "your work " defined for the additional insured(s) designated above included in the "products -completed operations hazard ". This endorsement effective 12/1 /2015 forms part of Policy Number LHA 138570 issued to BELTRAMO ELECTRIC , INC. by Landmark American Insurance Company RSG 15017 0615 Includes copyrighted material of Insurance Services Office , Inc. 1984 with its permission Policy Number: LHA 138570 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary : Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the addit ional insured . (1) The additional insured is a Named Insured under such other insurance ; and CG 20 01 0413 ©Insurance Services Office , Inc ., 2012 Page 1of1 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any Person or Organization As Required By Written Contract The following is added to SECTION IV -CONDITIONS , 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US : We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations , "your product " or "your work " done under a written contract with that person or organization and included in the "product-completed operations hazard ". This waiver applies only to the person or organization shown in the SCHEDULE above . This endorsement effective 12/1 /2015 forms part of Policy Number LHA 138570 issued to BELTRAMO ELECTRIC , INC . by Landmark American Insurance Company RSG 14048 1008 Includes copyrighted material of Insurance Services Office , Inc . 1992 with its permission. COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT ADDITIONAL INSURED BY CONTRACT , AGREEMENT OR PERMIT ACCIDENTAL AIRBAG DEPLOYMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT , CLAIM, SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO , VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLATION CONDITION EXTRA EXPENSE -BROADENED COVERAGE GLASS REPAIR -WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) HIRED AUTO COVERAGE TERRITORY LOAN I LEASE GAP PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONALEFFECTSCOVERAGE PHYSICAL DAMAGE -ADD ITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWING AND LABOR TWO OR MORE DEDUCTIBLES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II -LIABILITY COVERAGE is amended as follows: 1. BROADFORMINSURED PROVISION NUMBER 3 12 19 5 13 1 22 2 23 10 15 6 20 14 16 11 8 9 4 7 17 18 20 SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period . However , "insured" does not include any organization that: (1) Is a partnership or joint venture ; or (2) Is an insured under any other automobile policy ; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy . e. Any organization you newly acquire or form , other than a partnership or joint venture , of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or format ion . However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization ; © 2013 Liberty Mutual Insurance CA 88 10 01 13 Include s copyrighted material of Insuran ce Services Office, In c ., with its permission. Page 1 of 7 -- --- = - = = - -- M 0 8 - (2) If the Limits of In surance of any other insurance policy have been exhausted ; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organ iz ation . 2. EMPLOYEES AS INSUREDS 3. SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own , hire or borrow , but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee 's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE , paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured : h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority , to add such person , or organization , or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) On ly with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you ; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS 5. SECTION II -LIABILITY COVERAGE , Coverage Extensions, 2.a . Supplementary Payments , para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds . (4) All reasonable expenses incurred by the insured at our request , incl uding actual loss of earn- ings up to $500 a day because of time off from work. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law , fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protect ion, the following provision is added : SECTION II -LIABILITY , exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodi ly injury" results from the use of a covered "auto" you own or hire . SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage , and if Comprehe nsiv e , Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire , rent or borrow; or © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Servi ces Office , In c., with its permission . Page 2 of 7 b. Your "employee" hires or rents under a writte n contra ct or agreement in that "employee 's" name , but only if the damage occurs wh ile the vehicle is being used in the conduct of your business , subject to the following limit and deductib le: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50 ,000 ; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality , minus a deductible . B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage . C. Subject to the lim it, deductible and excess prov isions described in this provision , we w ill provide coverage equal to the broadest coverage applicab le to any covered "auto" you own . D. Subject to a maximum of $1 ,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss . E. This coverage extension does not apply to: (1) Any "auto" that is hired , rented or borrowed with a driver; or (2) Any "auto" that is hired , rented or borrowed from your "employee". For the purposes of th is provision , SECTION V -DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value . 7 . TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE , paragraph A.2. Towing , is amended by the addition of the following: We wi ll pay towing and labor costs incurred , up to the limits shown below , each time a covered "auto" classified and rated as a private passenger type , "light truck" or "medium truck" is dis- abled: a. For pr ivate passenger type vehicles , we will pay up to $50 per d isablement. b. For "light trucks", we w ill pay up to $50 per disablement. "Light trucks" are trucks that have a gross veh icle we ight (GVW) of 10 ,000 pounds or less . c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10 ,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE , is amend- ed to provide a limit of $50 per day and a maximum limit of $1 ,500 © 201 3 Liberty Mutual Insuran ce CA88100113 Includes co pyrighted material of In suranc e Servi ce s Offi ce , In c ., with its permi ss io n. Page 3 of 7 M 0 -- --8 - 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE , is amended by adding the follow ing: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages . We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement w il l be based on the rental of a comparable vehicle , wh ich in many cases may be substantially less than $75 per day , and will only be allowed for the period of time it should take to repair or replace the veh icle with reasonable speed and similar quality , up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto ". d. This coverage does not apply unless you have a business necessity that other "autos" avail - able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type , we will pay under this coverage only that amount of your rental reimbursement expenses wh ich is not already provided under Paragraph 4. Coverage Extension. f. No deductible appl ies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10 . EXTRA EXPENSE -BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE , A. COVERAGE , we will pay for the expense of returning a stolen covered "auto" to you . The maximum amount we will pay is $1 ,000 . 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE , is amended by adding the following : If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen , we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto ." The insurance prov ided under th is provis ion is excess over any other collect ibl e insurance . B. SECTION V -DEFINITIONS is amended by adding the following : For the purposes of this provision , "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools , equipment, jewelry , money or securities . 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy , the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag . Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty . However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE , B . EXCLUSIONS , exception paragraph a . to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: © 2013 Liberty Mutual Insurance CA 88 10 01 13 In cludes copy righted material of Insuran ce Servi ces Office , In c., with it s permission. Page 4 of 7 Exclusion 4.c. and 4.d . do not apply to: a. Electronic equipment that receives or transm its audio , visua l or data signals , whether or not designed solely fo r the reproductio n of sound , if the equ ipment is perma nen tl y insta lled in the covered "a uto" at the time of the "loss" and such equ ipment is designed to be solely operated by use of the power from the "auto 's" electr ical system , in or upon the covered "auto " and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to aud io , visual or data electron ic eq uipment or accessories used with th is equipment , then our obl igation to pay for , repair, return or replace damaged or stolen property will be red uced by a $100 deductible. 14. LOAN I LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the follow ing: The most we will pay for a "total los s" to a covered "auto " owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss " less the amount of: a . Overdue payments and financia l penalt ies assoc iated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage , excessive use or ab- normal wear and tear , c. Costs for extended warranties, Cred it Life Insurance , Health , Accident or Disabi lity Insurance purchased with the loan or lease , d. Transfer or ro ll over balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred pr ior to the "tota l loss" of a covered "auto ", g. Security deposits not refunded by a lessor , h. All refunds payable or paid to you as a result of the early terminat ion of a lease agreement or as a result of the early terminat ion of any warranty or extended serv ice agreement on a covered "auto", i. Any amount represent ing taxes, j. Loan or lease termination fees ; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condit ion will be made in determ i ning the actual cash value at the time of the "loss". This adjustment is not app licable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral , or lease written on the covered "auto" that incurred the loss. C. SECTION V -DEFINTIONS is cha nged by adding the follow ing: As used in this endorsement provision , the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value . A "balloon loan" is one w ith per iod ic payments that are insufficient to repay the balance over the term of the loan , thereby requiring a large final payment. © 201 3 Lib erty Mutual In surance CA 88 10 01 13 In cl udes co pyrigh ted mate ri al of Insuranc e Serv ices Offi c e , In c ., with its permi ss io n . Page 5 of 7 - 15. GLASS REPAIR -WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE {WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the follow ing: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck w ith a gross vehicle weight of 10 ,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked ; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D . Deductible : a. If the applicable Business Auto deductible is the smaller {or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductib le w il l be waived. For the purpose of th is endorsement company means any company that is part of the Liberty Mutual Group . SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS , Paragraph B.2 . is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form , the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect add itional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV -BUSINESS AUTO CONDITIONS , paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to : 1. You , if you are an individual ; 2. A partner , if you are a partnership ; 3. Member , if you are a lim ited liability company; 4. An executive officer or the "employee" des ignated by the Named Insured to give such notice , if you are a corporation . © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insuran ce Services Office , In c ., with its permi ss io n . Page 6 of 7 N "' To the extent possible, notice to us shou ld include : (1) How , when and where the "a cc ident" or "loss" took place ; (2) The "insureds" name and address ; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us , is amended by the addition of the following : If the person or organization has wa ived those rights before an "accident" or "loss", our r ights are wa ived also . 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS , paragraph B.7., Policy Per iod , Coverage Territory, is amended by the addit ion of the following : f. For "autos" hired 30 days or less , the coverage territory is anywhere in the world, provided that the insured 's responsibility to pay for damages is determined in a "suit", on the merits , in the United States , the territories and possessions of the United States of Amer ica , Puerto Rico or Canada or in a settlement we agree to . This e xtension of coverage does not apply to an "auto" hired , leased , rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEFINTIONS , definition C. is replaced by the follow ing : "Bodily injury" means physical injury , sickness or dise ase sustained by a person , including mental anguish , mental injury , shock , fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLIC Y CONDITIONS , paragraph A. -CANCELLATION cond itio n applies exc ept as fo l- lows : If we cance l for any reason ot her than no npayment of premium , we wi ll ma il to the first Named Insured written not ice of cancellation at least 60 days before the effective date of cancellation. This provis ion does not apply in those states which require more than 60 days prior notice of cancella- tion . © 201 3 Lib erty Mutual Insuran ce CA 88 10 01 13 Includes copyrigh ted material of In s uran ce Servi ces Offi ce , In c ., with it s permi ss io n. Page 7 of 7 STATE COM P E NS.AT ION IN£URA'-ICE FUNO HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS EFFECTIVE JANUARY 1, 2016 AT 12.01 A.M. AND EXPIRING JANUARY 1, 2017 AT 12.01 A.M. BELTRAMO ELECTRIC, INC 735 COUNT FLEET CT MORGAN HILL, CA 95037 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL .PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION 9082548-16 RENEWAL NA 0-19-45-32 PAGE 1 OF NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ~;{.~ JANUARY 5, 2016 Ii-,~~ _d/-L~:~ PRESIDENT AND CEO 2572 SCIF FORM 10217 !REV .7-2 014) OLD DP 217 1