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16-116 Trip Stop Sidewalk Repair. Inc., Sidewalk RepairAGREEMENT BETWEEN THE CITY OF CUPERTINO AND TRIP STOP SIDEWALK REP AIR INC. FOR SIDEWALK REPAIR THIS AGREEMENT, for reference dated August 'Z \ 2016, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and TRIP STOP SIDEWALK REPAIR INC., a California corporation, whose address is 1424 East Third Ave, San Mateo, CA 94401, hereinafter called the Contractor, and is made with reference to the following : RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. City and Contractor desire to enter into an agreement for Concrete Cutting for Sidewalk Repair with the Scope of Services per Exhibit "A", in accordance with the proposal dated August 17, 2016. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within ten (10) working days after receiving notice from the Engineer to commence the work, and shall diligently prosecute the work to completion before December 31, 2016. 2 . SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance proposal (Exhibit "A") dated August 17, 2016 hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Page 1 o f12 Contractor Agreement Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken from the Concrete Maintenance fund. 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of an independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. Page 2of12 Contractor Agreement 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs lOA, B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of Page 3of12 Contractor Agreement the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, "Attention: City Manager." Contractor shall also provide a certification before commencement of work under this Agreement, which states, ""I am aware of the provisions of Section 3700 of th e Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. limits: A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate -all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Page 4of12 Contractor Agreement 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 comrruss1ons, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Contractor is not required to provide bonds. 12. PROHIBITION AGAINST TRANSFERS: 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 Page 5of12 Contractor Agreement written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: Each and every report draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may Page 6of12 Contractor Agreement retain a copy of any report furnished to the City pursuant to this Agreement. No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Contractor to City shall be addressed to City at: City of Cupertino 10300 Torre A venue Contractor Agreement Page 7of12 Cupertino CA 95014 Attention: Jo Anne Johnson All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Trip Stop Sidewalk Repair Inc. 1424 East Third Street San Mateo, CA 94401 Attention: Garret Golob 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction. Page 8of12 Contractor Agreement These recommendations are intended to be used in conjunction with the States Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code '13385. 19. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 20. COMPLIANCE: Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. A. PREVAILING WAGES: Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. The City shall require payment of the general rate of per diem wages or the general rate of per diem wages for holiday and overtime work. Contractor will submit monthly certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. Page 9of12 Contractor Agreement B. WORKING DAY: Contractor shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 :Y2 times the basic rate of pay. C. PAYROLL RECORDS: Contractor shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The Payroll Records shall be made available for inspection as provided in California Labor Code Section 1776. D. APPRENTICES: Contractor shall comply with California Labor Code Section 1777.5 regarding apprentices. 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 22. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, 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 Page 10of12 Contractor Agreement herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 25. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 26. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. Page 11of12 Contractor Agreement P.O. No.: ~ 011""' 6l_<.fs' IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR B y .A8 ~ _2_. Name A t ey &01jb..o.n J.. Title C £ O Date )$'-2 \ -'2-el Gr A ddress I l/ '2-!/ ~ ~( d-A ~ Contractor Agreement CITY OF CUPERTINO A Municipal Corporation , B y /M~ ~imm Borden, Director of Public Works Date 03'/36/16 7 , RECOMMENDED FOR APPROVA L: Title Sr i?"f)\aetr'i':'J --t ehc.lc'.ioX\ APPROVED AS TO FORM: By ~ ~ Randolph Hom, City Attorney ATTEST: ~.5lff {-(pJb Grace Schmidt, City Clerk Contract Amount: $25,000 .00 Account N o. : .)-1-tl -tS' -<(1..0 'f 00 g,--;- Page 12 of 12 SIDEWALK REPAIR Trip Hazard Removal Project Proposal City of Cupertino EXHIBIT A August 171h, 2016 Trip Stop Sidewalk Repair would like to submit a proposal for the Trip Hazard Removal Project, for your approval. Our price per inch foot is, $22.31 As part of this proposal, please find our company information, a reference list, a signed W-9, and a Certificate of Insurance with the city as additional named insured. I want to assure you that if we are awarded this project, no one will do a better job for you than we will. Our company runs on zero complaints, and our crew is specially trained on how to work with res idents, homeowners, and pedestrians. If I can provide any more information for you , please feel free to reach out at any time. We look forward to working with you on this project. Best Regards, Garrett Golob Trip Stop Sidewalk Repair Inc. (650) 863-STOP (7867) lnfo@tripstoppers.com 1424 East 3 rd Ave. San Mateo, CA 94401 www.tripstoppers.com Trip Stop Sidewalk Repair Inc. 1424 East 3 rd Ave. San Mateo, CA 94401 CSL#: 987713 DIR#: 1000019535 Principal Contact Information: Garrett Golob Project Manager (650) 868-3334 (Direct) (650) 863-7867 (Office) (650) 403-0202 (Fax) Garrett@Tripstoppers.com Trip Stop Sidewalk Repair Inc. (650) 863-STOP (7867) lnfo@tripstoppers.com SIDEWALK REPAIR 1424 East 3 rd Ave. San Mateo, CA 94401 www.tripstoppers.com From: To: Subject: Joanne Johnson "Garrett" Date: RE: Trip Hazard Removal Project Tuesday, August 16, 2016 2:14:00 PM imageOOl .ong Attachments: Sidewalk Shaving Potential Site List.pdf He! lo Garrett, The City of Cupert in o is request in g cost proposa ls for sidewa l k shav i ng wit h total contract amount not to exceed $25,000. Please provide unit cost proposa l (per inch-foot) to perform concrete shaving at various locations throughout Cupert in o. The cost proposal shall include all labor and equ ipment to shave concrete sid ewa lk offsets that are between Yi" and 2". Any sid ewa lk less tha n 2" thick shall not be cons id ered for shaving. All work locations shal l be specified by the city. A ll specified locations shall shaved so as to provide a smooth transition between concrete slabs. The sh aved areas shal l be uniform, smooth, with min imal grooving, and stra ight at the back li ne w ith li ttle or no scarr ing of the adjacent concrete. ADA slope requirements shall be provided, in addit ion to a non-s li p finish. In addition the contractor shall provide the fo ll owing at no additional cost to the City: 1) Prov ide concrete dust contro l by use of a high effic iency vacuum attachment secured to the port of the grinding or shaving machine. 2) Provide all labor, equipment, and materials to fully complete the work at contract unit cost 3) Property remove and d ispose of any existing temporary make-safe(s) at no additiona l costs to the City. 4 ) Property co ll ect, remove, and d ispose of all shav in g residue. TRIPS-1 OP ID : JM ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 08/26/2016 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 ~~~~~cT John Hillman Bone, Robertson & McBride, Inc r~gNNEo Extl: 925-674-1000 I rffc Nol : 925-67 4-0188 P 0 Box 997 Concord, CA 94522 E-MAIL ADDRESS: John Hillman INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Benchmark INSURED Trip Stop Sidewalk Repair Inc. INSURER B : Am Trust Noth America 19879 1424 East 3rd Ave. 19879 San Mateo, CA 94401 INSURER c : Security National Insurance Co INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISS UED 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 CONDITION S OF SUCH POLICIE S. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DDIYYYYI IMM/DD/YYYY I LIMITS A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C >---CJ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED x x BIC5014211 03/30/2016 03/30/2017 PREMISES IEa occurrence) $ 100,000 ~ MED EXP (Any one person) s 5,000 PERSONAL & ADV INJURY $ 1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 ~POLICYDj~ DLoc PRODUCTS -COMP/OP AGG $ 2,000,000 OTHER: s AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 <Ea accident) - B ANY AUTO x SPP 133370800 03/30/2016 03/30/2017 BODILY INJURY (Per person) $ -ALL OWNED X SCHEDULED BODILY INJURY (Per accident) S -AUTOS AUTOS x X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS IPer accident) >---~ AUTOS s UMBRELLA LIAB H OCCUR EACH OCCURRENCE s f-- EXCESS LIAS CLAIMS-MADE AGGREGATE $ DED I I RETENTION s s WORKERS COMPENSATION I PER I I OTH - AND EMPLOYERS' LIABILITY X STATUTE ER c Y/N SWC1106783 03/30/2016 03/30/2017 1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE D E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes , describe under DESCR IPT ION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedu le, may be attached If more space Is required) City of Cupertino its City Council, boards and commissions, officers, employees, and volunteers are included as additional insured with respects to ~eneral liability. Waiver of subrogation applies on the General Lia ility and Auto Liability policies. Please see attached "disclosure" page. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXP IRATION DATE THEREOF, NOTICE W ILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . 10300 Torre Ave Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I ~--F"'s:~- © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INFORMATION REGARDING THIS CERTIFICATE OF INSURANCE We have been instructed by the "First Named Insured" to issue a Certificate of Insurance only for those policy numbers listed on the reverse side of this form. This Certificate is issued "as a matter of information only" and does not supersede any Insurance Company cancellations. exclusions or limitations and is not a contract between you and any Named Insureds or Bone. Robertson & McBride, Inc. (The Certificate Holder is warned that it is not entitled to rely on the Certificate itself for insurance coverage). Please note that if listed be low and unless it is indicated to the contrary on the reverse side of this form, a ll the fo ll owing items app ly to your interest (if any); 1. Certificate does not state you are an additional insured on the General Liability policy (if any).* 2. Certificate does not state you are an additiona l insured on the Auto Po licy (if any).* 3. Certificate does not state you are an additional insured on the Property Portion of the policy (if any).* 4. Cert ificate does not state you are an additiona l insured on the Excess/Umbre ll a Liability po licy (if any).* 5. Certificate does not state you are a loss payee on any of the mentioned policies (if any).* 6 . Certificate does not state there is a waiver of Subrogation on the Workers' Compensation, General Liability , Auto, Property or Inland Marine Policy(s), or any policy , in your favor (if any).* 7. Certificate does not state there is any primary insurance coverage and/or a separate per project aggregate amount in your favor, (if any).* 8 . Cancellation for non-payment of monies due to keep any policy(s) in force shall be 10 days. 9. As respects the Workers Compensation policy (if any), the insured has a continuous option to include or exclude certain individuals for coverage. 10 . Bone, Robertson & McBride , Inc., has issued this Certificate "as a matter of information only" and does not state , warrant or guarantee that any terms and conditions of the policy(s) listed on the reverse side of this form, conform to the Contract requirements between you and the named insured(s). Further, Bone, Robertson & McBride, Inc., disc laims any contractual relationship with you, inc lud ing this "as a matter of information only" Certificate. You are not entitled to rely on the Certificate itse lf for Insurance Coverage . The Insurance Limits shown on the reverse side are only Policy Limits that were in force at the inception of such policy(s) and may have been reduced by claims and occurrences and expenses. Any such reductions have not been stated on the reverse side of this form. *IMPORTANT! If such status were to be stated on the reverse side of this form; for such potential coverage to be valid, one of the conditions requires that prior to the "Occurrence" a written Contract between the Parties must have been in effect requiring such status and for the specific task(s) to be performed and is not contrary to public policy. Infonnati on Regarding Ce11 ificate of Insuran ce -R ev ised -03 -2 014 ENDORSEMENT PRIMARY BLANKET ADDITIONAL INSURED ENDT. NO . 1 G0 103 (ed 09/24/09) IT IS AGREED COVERAGE IS PROVIDED TO THE ADDITIONAL INSURED(S) AS FOLLOWS : 1. SECTION II OF THE POLICY (WHO IS AN INSURED) IS AMENDED TO INCLUDE ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED HAS AGREED IN AN INSURED CONTRACT TO NAME AS AN ADDITIONAL INSURED PROVIDED THE BODILY INJURY OR PROPERTY DAMAGE OCCURS SUBSEQUENT TO THE EXECUTION OF THE INSURED CONTRACT AND THE BODILY INJURY OR PROPERTY DAMAGE ARISES FROM YOUR WORK PERFORMED DURING THE POLICY TERM. 2. PARAGRAPH 6.D. IS HEREBY ADDED TO SECTION IV , COMMERCIAL GENERAL LIABILITY CONDITIONS , OF THE POLICY , AS FOLLOWS: D. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN PARAGRAPHS 6.A., 6 .B ., OR 6.C. HEREOF, THE INDEMNITY PROVIDED BY THIS INSURANCE IS PRIMARY AND NON- CONTRIBUTORY FOR ANY PERSON OR ORGANIZATION THAT IS AN ADDITIONAL INSURED UNDER THIS POLICY AND THAT YOU HAVE AGREED, IN AN INSURED CONTRACT, TO PROVIDE PRIMARY ADDITIONAL INSURED COVERAGE. 3 THE APPLICABLE LIMIT OF THE COMPANY'S LIABILITY SHALL NOT BE INCREASED BY THE INCLUSION OF ANY NUMBER OF ADDITIONAL INSUREDS. 4 OTHER THAN AS EXPRESSLY MODIFIED HEREIN , COVERAGE FOR THE ADDITIONAL INSURED IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS POLICY, INCLUDING THE INSURING AGREEMENTS . 5 THE COVERAGE PROVIDED FOR THE ADDITIONAL INSURED IS ONLY TO THE EXTENT OF DAMAGES FROM BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF THE NEGLIGENCE OR STRICT LIABILITY OF THE NAMED INSURED . NO COVERAGE IS PROVIDED FOR BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF ACTS , ERRORS OR OMISSIONS OF THE ADDITIONAL INSURED. 6 . NO COVERAGE IS PROVIDED TO AN ADDITIONAL INSURED FOR DAMAGES BECAUSE OF BODILY INJURY TO AN EMPLOYEE OF THE NAMED INSURED, WHETHER SUIT IS BROUGHT OR CLAIM IS MADE BY THE EMPLOYEE OR THE PARENT, SPOUSE , CHILD OR SIBLING OF SUCH EMPLOYEE, OR ANY ENTITY SEEKING DAMAGES BECAUSE OF INJURY TO SUCH EMPLOYEE. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Policy Number Insured Effective BIC5014211 Trip Stop Sidewalk Repair Inc 3/30/16 BENCHMARK INSURANC E COMPANY Counters ignature of Authorized Representative © 2009 WESTCAP ENDORSEMENT WAIVER OF SUBROGATION -BLANKET ENDT. NO. 7 G0905 (ed 09/24/09) IT IS AGREED, FOR AN ADD IT IONAL PREM IUM OF $INCLUDED in M&D, THAT THE TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS) IS AMENDED AS FOLLOWS : WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST ANY PERSON OR ORGAN IZATION THAT QUALIFIES AS AN ADDITIONAL INSURED PURSUANT TO THE TERMS OF ENDORSEMENT NUMBER 1 BECAUSE OF PAYMENTS WE MAKE FOR BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF (i) YOUR WORK PERFORMED DURING THE POLICY PERIOD UNDER AN INSURED CONTRACT WITH THAT PERSON OR ORGANIZATION , PROVIDED THAT THE BODILY INJURY OR PROPERTY DAMAGE OCCURS SUBSEQUENT TO THE EXECUTION OF THE INSURED CONTRACT , OR (ii) YOUR PRODUCT MANUFACTURED OR SOLD DURING THE POLICY PERIOD UNDER AN INSURED CONTRACT WITH THAT PERSON OR ORGANIZATION, PROVIDED THAT THE BODILY INJURY OR PROPERTY DAMAGE OCCURS SUBSEQUENT TO THE EXECUTION OF THE INSURED CONTRACT. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Policy Number Insured Effective BIC5014211 Trip Stop Sidewalk Repair Inc 3/30/16 BENCHMARK INSURANCE COMPANY Countersignature of Authorized Representative 9 2009 WESTCAP POLICY NUMBER: SPP1333708 00 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement , the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Fonned Organizations, Employee Hired Car Liability and Blanket Additional Insured Status for Certain Entities. Item 1. Who is an Insured of Paragraph A. Coverage under SECTION II -COVERED AUTOS LIABILITY COVERAGE is amended to add : d. Any organization you newly acquire or form , other than a partnership, joint venture or limited liability company, and over which you maintain ownership of a majority interest (greater than 50%), will qualify as a Named Insured ; however, (1) coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier ; (2) coverage does not apply to "bodily injury", "property damage" or "covered pollution cost or expense" that results from an "accident" which occurred before you acquired or formed the organization; and (3) coverage does not apply if there is other similar insurance available to that organization, or if similar insurance would have been available but for its termination or the exhaustion of its limits of insurance. This insurance does not apply if coverage for the newly acquired or formed organization is excluded either by the provisions of this coverage form or by endorsement. e. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name , with your permission, while performing duties related to the conduct of your business . f. Any person or organization you are required by written contract or agreement to name as an additional "insured ", but only with respect to liability created in whole or in part by such agreement. B. Increase Of Loss Earnings Payment Subpart (4) of a. Supplementary Payments of Item 2. Coverage Extensions of Paragraph A. Coverage under SECTION II -COVERED AUTOS LIABILITY COVERAGE is amended to read : (4) We will pay reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $1,000 per day because of time off from work . C. Fellow Employee Injured By Covered Auto You Own Or Hire Item 5. Fellow Employee of Paragraph B. Exclusions under SECTION II -COVERED AUTOS LIABILITY COVERAGE is amended to add: This exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. Such coverage as is afforded by this provision is excess over any other collectible insurance . CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 1of5 Used with pennission D. Limited Automatic Towing Coverage Item 2. Towing, of Paragraph A. Coverage , under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to read : 2 . Towing We will pay for towing and labor costs each time that a covered "auto" is disabled . All labor must be performed at the place of disablement of the covered "auto". a. The limit for towing and labor for each disablement is $500; b. No deductible applies to this cover- age. E. Item 3. Glass Breakage -Hitting A Bird Or Animal -Falling Objects or Missiles of Paragraph A. Coverage under SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to add : Glass Repair Coverage We will waive the Comprehensive deductible for Glass , if one is indicated on your covered "auto ", for glass repairs. We will repair at no cost to you, any glass that can be repaired without replacement, provided the "loss " arises from a covered Comprehensive "loss " to your "auto ". F. Increase Of Transportation Expense Coverage Subpart a. Transportation Expenses of Item 4. Coverage Extensions of Paragraph A. Coverage under SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended to read: a. Transportation Expenses We will pay up to $50 per day to a maximum of $1 ,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the per iod beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". G. "Personal Effects" Coverage Item 4. Coverage Extensions of Paragraph A. Coverage, under SECTION Ill - PHYSICAL DAMAGE COVERAGE, is amended to add: "Personal Effects" Coverage We will pay actual cash value for "loss" to "personal effects " of the "insured " while in a covered "auto" subject to a maximum limit of $2,500 per "loss ", for that covered "auto" caused by the same "accident". No deductible will apply to this coverage . H. "Downtime Loss" Coverage Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION Ill. PHYSICAL DAMAGE COVERAGE is amended to add : ' "Downtime Loss" Coverage We will pay any resulting "downtime loss " expenses you sustain as a resu lt of a covered physical damage "loss " to a covered "auto " up to a maximum of $100 per day, for a maximum of 30 days for the same physical damage "loss ", subject to the following conditions : a. We will provide "downtime loss " beginning on the 5th day after we have given you our agreement to pay for repairs to a covered "auto " and you have given the repair facility your authorization to make repairs ; b. Coverage for "downtime loss " expenses will end when any of the following occur: ( 1) You have a spare or reserve "auto " avai l ab le to you to continue your operations . (2) You purchase a replacement "auto ''. (3) Repairs to your covered "auto " have been completed by the repair facility and they determine the covered "auto" is road-worthy . (4) You reach the 30 day maximum coverage . CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission I. Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION Ill. PHYSICAL DAMAGE COVERAGE, is amended to add : We will pay any resulting rental reimbursement expenses incurred by you for a rental of an "auto" because of "loss" to a covered "auto" up to a maximum of $100 per day , for a max imum of 30 days fo r the same physical damage "loss ", subject to the following conditions: a. We w ill provide rental reimbursement incurred during the policy period beginning 24 hours after the "loss " and ending, regardless of the policy expiration, with the number of days reasonably required to repair or replace the covered "auto ". If the "loss" is caused by theft, this number of days is the number of days it takes to locate the covered "auto " and return it to you or the number of days it takes for the claim to be settled, whichever comes first. b. Our payment is limited to necessary and actual expenses incurred . c. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. d. If a "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 which is not already provided for under the Physical Damage Coverage Extension. J. "Personal Effects" Exclusion Paragraph B. Exclusions under SECTION 111-PHYSICAL DAMAGE COVERAGE, is amended to add : "Personal Effects" Exclusion We will not pay for "loss " to "personal effects" of any of the following : a. Accounts, bills , currency, deeds , evidence of debt, money, notes, securities or commercial paper or other documents of value. b . Bullion , gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry; watches; precious or semi-precious stones. c . Paintings , statuary and other works of art. d . Contraband or property in the course of illegal transportation or trade . e. "Loss" caused by theft, unless there is evidence of forced entry into the covered "auto" and a po lice report is filed . K. Accidental Airbag Discharge Coverage Item 3.a. of Paragraph B. Exclusions under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to read : a. Wear and tear, freezing, mechan ical or electrica l breakdown. The exclusion relating to mechanical break-down does not apply to the accidental discharge of an air bag. L. Loan or Lease Gap Coverage Paragraph C. Limit Of Insurance under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add: If a covered "auto " is owned or leased and if we provide Physical Damage Coverage on it, we will pay , in the event of a covered total "loss ", any unpaid amount due on the lease or loan for a covered "auto ", less : a. The amount paid under the Physical Damage Coverage Section of the policy ; and b. Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use , abnormal wear and tear or high mileage; (3) Costs for extended warranties , Credit Life Insurance, Health , Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by the lessor; and (5) Carry-over balances from previous loans or leases CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of 5 Used with permission M. Aggregate Deductible Paragraph D . Deductible under SECTION Ill-PHYSICAL DAMAGE COVERAGE is amended to add : Regardless of the number of covered "autos" involved in the same "loss", only one deductible will apply to that "loss ". If the deductible amounts vary by "autos ", then only the highest applicable deductible wi ll app ly to that "loss". N. Diminishing Deductible Paragraph D. Deductible under SECTION 111-PHYSICAL DAMAGE COVERAGE is amended to add : Any deductible will be reduced by the percentage indicated be low on the first "loss " reported during the corresponding policy period : Loss Free Policy Periods Deductible With the Expansion Reduction on the Endorsement first "loss" 1 0 % 2 25 % 3 50% 4 75% 5 100% If we pay a Physical Damage "loss " during the policy period under any BUSINESS AUTO COVERAGE FORM you have with us, your deductib le stated in the Declarations page of each such COVERAGE FORM will not be reduced on any subsequent claims during the remainder of your po li cy per iod and your deductible reduction will revert back to 0% for each such COVERAGE FORM if coverage is renewed. 0. Knowledge of Loss and Notice To Us Subsection a. of Item 2. Duties In the Event of Accident, Claim, Suit or Loss of Paragraph A. Loss Conditions under SECTION IV --BUSINESS AUTO CONDITIONS is amended to add: However , prompt notice of the "accident", claim, "suit" or "loss" to us or our authorized representative only applies after the "accident", claim , "suit" or "loss " is known to: (1) You , if you are an individual; (2) A partner, if you are a partnership ; (3) An "executive officer" or director , if you are a corporation ; (4) A manager or member , if you are a limited liability company ; (5) Your insurance manager; or (6) Your legal representative . P. Waiver Of Subrogation For Auto Liability Losses Assumed Under Insured Contract Item 5. Transfer Of Rights Of Recovery Against Others To Us of Paragraph A. Loss Conditions under SECTION IV - BUSINESS AUTO CONDITIONS is amended to read: 5. Transfer of Rights of Recovery Against Others To Us If any person or organization to or for whom we make payments under this Coverage Form has rights to recover damages from another , those rights are transferred to us . That person or organization must do everything necessary to secure our rights and must do nothing after an "accident" or "loss " to impair them. However, if the insured has waived those rights to recover through a written contract , we will waive any right to recovery we may have under this Coverage Form. Q. Insurance is Primary and Noncontributory Subpart a. of Item 5. Other Insurance of Paragraph B. General Conditions under SECTION IV -BUSINESS AUTO CONDITIONS is amended to read : a. This insurance is pr imary and noncontributory , as respects any other insurance, if required in a written contract with you . R. Other Insurance -Hired Auto Physical Damage Subpart b . of Item 5 .. 0ther Insurance of Paragraph B. General Conditions under SECTION IV -BUSINESS AUTO CONDITIONS is amended to read: b. For Hired Auto Physical Damage Coverage , the following are deemed to be covered "autos " you own: (1) Any covered "auto" you lease , hire , rent or borrow; and CA990187 0715 Includes Copyrighted Material of Insurance Services Offices , Inc. Page 4 of 5 Used with permission (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name , with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased , hired , rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV -BUSINESS AUTO CONDI- TIONS is amended to add : 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However , you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V -DEFINITIONS is amended to add: "Personal effects" means personal property owned by the "insured". "Downtime loss " means actual loss of "business income " for the period of time that a covered "auto": 1. Is out of service for repair or replacement as a result of a covered physical damage "loss " and 2. Is in the custody of a repair facility if not a total "loss ". "Business Income" means : 1. Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Used with permission Page 5 of 5