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17-021 Harry L. Murphy, Community Hall Carpet ReplacementAGREEMENT BETWEEN THE CITY OF CUPERTINO AND HARRY L. MURPHY FOR REPLACEMENT CARPETING THIS AGREEMENT, for reference dated February 83 2017, is by and between CITY OF CUPERTINO (hereinafter referred to as "City"), a municipal corporation, and Harry L. Murphy Inc . (hereinafter referred to as "Contractor"), a California corporation whose address is 42 Bonaventura Drive, San Jose, CA. 95134 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 construction work, in accordance with the adopted Specifications, Special Provisions and Plans. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows : 1. TERM: The Contractor shall begin work within thirty (30) working days after receiving notice from City 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 January 13th, 2017, attached hereto as Exhibit "A", and Specifications, Special Provisions and Plans, which are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's bid, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by City, with checks drawn on the treasury of City, to be taken from the 100-87-838-900-990 fund, which compensation is not to exceed thirty four thousand seven hundred and eighty dollars ($34,780.00) Payment will be made by City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month. Payment shall be made up to 95% of the value of the work. City shall retain 5% of the value of the work as partial security for the completion of the work by Contractor. Retained amounts will Page 1 of 20 be paid to Contractor 35 cfoys after the acceptance by City ,md th e recording of the Notice ol Completion with the Sant21 Cl21ra County Recorder'.-; office. Payment sh,1 11 not be construed as acceptance of defective work. No interest w ill be paid to Con tractor on retained fund s . 4 . TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the perfonnilnce of this Agreement. It is agreed by the parties to the Agreement that in case all the vvork called for und e r the Agreement is not completed before or upon the expiration of the time limit as set forth in parngraph 1 above, damage will be sustained by City, and that it is and will be impracticable to determine the actual damage vvhich City will sustain in the event of and by reason of such delay . It is therefore 21greed that the Contrilctor will pi.1y to City the sum of Two Thousand Dollars($ 2,000) per day for each and every day's delay beyond the time presc ribed to complete the 1.vork; ilnd the Contractor agrees to pay such liquicfated dama ges as herein provided, and in ca s e th e same arc not pilid, agrees that City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. It is further agreed that in case the wo rk called for under the Agreement is not finish ed ilnd completed in all parts and requirements within the time specified, City shall have the right to extend the time for completion or not, as may seem best to serve the interest of City; and if it decides to extend the time limit for th e comple tion of the Agreement, it shall further have th e ri g ht to charge the Contractor, his or h e r heirs, assigns, or s ureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of th e actual costs and overhead expenses which are directly chargeable to th e Agreement, a nd which accrue during th e period of such extensions. The Contractor shall not be assessed with liquidated damages during an y delay in th e completion of th e work caused by an act of God or of the public enemy, acts of City, fir e, flood , epidemic, quarantine restriction, strikes, freight embargoes, ilnd unusually severe weather or delays of subcontractors due to such causes; provided that the Contractor shall, within one (1) day from the beginning of such delay, notify City in wr iting of the causes of delay. City shall 21scertain the facts and the extent of the dela y, and its findings of the facts thereon shall be final and conclusive. 5. ST AND ARD OF CARE: Contractor agrees to perform all services hereund e r 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 gualified and experienced personnel v,,ho are not e mployed by City nor have any contractual relationship with City. 6 . INDEPENDENT PARTIES: City and Contractor intend that th e relationship between them crei1tecl by this Agreement is that of employer-independent contractor. The manner and me21ns of conducting th e work are l'n ge 2 o f 20 under the control of ContrJ c tor, except to the extent they are limited by statute, rule or regulation and the e x press terms of this Agn.'L'mcnt. No civil service status or other right of employment will be acquired by virtue of Contractor's s ervices . None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave art' available fro)n City to Contractor, its employees or agents. Deductions shc1II not be made for ,1ny state or fcdernl taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contrc1ctor. 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 !RCA or other federal, or state rules and regulations. Contr<1ctor 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 citi z en 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 i.,vill not be tolerated. Contractor agrees that c1ny and all violations of this provision shall constitute a material breach of this Agreeme nt. 9 . HOLD HARMLESS: Contractor shall, to the fullest exte nt allovved by law, indemnify, defend, and hold harmless 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 ,my 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 obligi.lted 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 fe e s and all other costs and fees of litigation. Contractor agrees tu obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontr<1ctor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. ff Contractor fails to obtain such indemnity obligati o ns 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 date s of expiration of in s urnnce coverage in compliance with paragraph JOA, B, C and D . Such l'age 3 o f 20 certificates, vvhich do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by thi s certificate be cancell'd or coverage reduced before the expiration date thereof, the in s urer affording coverage shall provide thirty (30) days' advance written notice to City by certified m.1il , "Attention: City Managl'r." It is agreed that Contractor shall maintain in force at all times during the perform.1nce of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is c1cceptable to City and licensed to do insurnnce business in the State of California. Endorsements naming City as addition.11 insured shall be submitted with the insurance certificates. Contractor shall complete the attached Document 00530 Insur.1n c e Forms . A. COVERAGE: Contractor shall maintain the following ins urance coverc1ge: (1) Workers' Compensation: Statutory coverage as required by the State of California; Employe rs' Lic1bility $1,000,000 per occurrence (2) General Liability:: Commercial genernl liability coverage in the following minimum limits: Bodily Injury: $2,000,000 each occurrence $4,000,000 aggregate -all other Property Dc1mage: $2,000,000 each occurrence $4,000,000 aggreg.1te If submitted, combined single limit of $2,000,000 per occurrence; $4,000,000 in the aggregate will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the follm,ving minimum limits: Bodily injury: $1,000,000 ec1ch occurrence Property Dc1mage : $1,000,000 ec1ch occurrence or Combined Single Limit: $1 ,000,000 each occurrence B. SUBROGATION WAI VER: Contractor agrees thc1t 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 genernl 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 pc1yment of c:1ny loss under such insurance . Pa ge 4 of 20 C. FAILURE TO SECURE: If Contractor at ,rny time during the term h e reof should foil to sernre or maintain the foregoing insurance, Ci ty shall be permitted to obtain such in s urance in the Contractor's nc1m e or c1s an c1gent of the Contractor and shall be compensclted b y the Contractor for the costs of the insurc1nce premiums c1t the mc1 xi rnu111 rate permitted by law and computed from the date written notice is received that th e premiums have not been paid. D. ADDITIONAL INSURED : City, its City Council, board s and commissions, officers, employees, and volunteers shall be named c1s an additional insured under all insurance cow rages, except worker's compensation insurance. The rrnming of an additional insured shall not affect any recovery to which such additional insured would b e entitled under this policy if not named as s uch additional insured. An additional insured named herein shall not be held liable for any premium, deductibl e portion of any los s, or expense of any nature on this policy or any extension thereof. Any other insurnnce h e ld by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provid ed by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City arc n o t represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's in s urance broker to d e termine adequate coverage for Contractor. 11. BONDS: Bonds are not required for this agreement. 12 . PROHIBITION AGAINST TRANSFERS : Contrnctor shall not assign, s ublease, hypothccate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior ,vritten 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 assig ned 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 sa le, ass ignm ent, transfer or other dispos ition of any of the issued and outstanding capital st-ock of Contractor, or of the interest of any general parh1er or joint venturer or syndicate member or cotenant, if Contractor is a pc1rtnership or joint venture or syndicate or cotenancy, which shal I resu It in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or m ore of the voting power of the corporation. 13 . SUBCONTRACTOR APPROVAL: Unless prior written consent from Ci ty is obtained, on ly those people ,rnd subcontrnctors whose names are li s ted in Contractor's bid s h,dl be used in the perform,.mce of this Agreement. Requests for additional subcontracting s hall be s ubmitted in wr itin g , describing the scope of work to be s ubcontracted and the n,1me of th e proposed s ubcontractor. Such request shall set forth the total price or hourly rates u sed in preparing estimated costs for thl' s ubcon tractor 's se rvices. Approval of the subcontractor may, at th e option of City, be issued in the form of a Work Order. In the event that Contrnctor employs subcontractors, s uch s ubcontractors shall be required to furnish proof of 'vvorkers ' compensation insurance and shall also be required to car ry 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 : ContrJctor, iJt its sole expense, sha ll obtain and maint.:iin during the te rm of this Agreement, all appropriate permits, certificates and licenses, including a City Bu si ness License that may be required in connection with th e performzrnce of serv ic es h e r e under . 15 . REPORTS: Ec1ch and every re port, draft, work product, map, record and other document reproduced, prepared or cau sed to be prepared by Contractor pursuant to or in connection with thi s Ag reement s hall be the exclusive property of City. Consultant may ret<1in" copy of any report furnished to City pursuant to this Agreement. No report, information or other data g iven to or prepared or assembled by Contrnctor pursuant to this Agreement shall be mad e available to <1ny individual or organization by Contractor without prior approval by City. Contrnctor shall, at such time and in such form as City may require, furnish reports concerning the status of services reguired under thi s Agreement. 16 . RECORDS: Contractor shall maintain complete and accurate record s 1,,vith respect to sales, costs, expenses, receipts and other s uch information required by City thJt relJte to the performance of services und er this Agreement. Contractor s h all maintain adeguate r eco rd s of se rvices provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generc1lly accepted accounting principles and shall be clearly identifi ed and readily c1ccessible. Contrc1ctor shall provide free access to s uch books and records to the represent.:itives of City or its desi g nces c1t c1Il proper times, and gives City the right to exJmine mid audit same, and to mc1ke transcripts therefrom as n ecessary, and to allow inspection of all work, data, documents, proceedings <1nd activities related to thi s Agreement. Such records, together with s upportin g PagL' 6 of 2Q documents, shall be kept separate from other documents and records and shall be maint·aincd for a period of three (3) years after receipt of final payment. 1f supplemental examination or audit of the records is necessary due to concerns raised by City's preliminciry examination or audit of record:;, and City's supplemental exami.11ation or c1ud it of the records discloses a failure to adhere to appropriate internal financiil I controls, or other breach of contract or failure to act in good faith , then Contractor shall reimburse City ior oil rec1sonable costs zind expenses associilted with the supp lementill exc1mination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall bL' given in writing ilnd conclusively shall be deemed served when delivered personally or on the second business dc1y after the deposit thereof in the United States Mail, postoge prepziid , registered or certified, addresse d ils hereinafter provided. All notices, demands, requests, or zipprovols from Contractor to City shall be oddressed to City at: City of Cupertino Attn: Chris Orr 10555 Mary Ave. Cupertino CA 95014 All notice s, demands, requ e sts, or approvals from City to Contractor shall be oddressed to Contractor at: Harry L. Murphy Inc. Attn: Randy Wc1dley 42 Bonaventura Drive, San Jose, CA. 94945-2419 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creclting excess dust as the work is being prosecuted. lf water is use d for dust control, contrnctor shal[ use as little as necessary . Contractor shall tc1ke all steps necessary to keep wash 1,,vatcr out of the streets, gutters, storm drains and streams. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drc1ins c1nd strec1ms . Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block ond gravel fi lters . (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). I3. Cover exposed piles of soil or construction milterial with plastic sheeting. All construction materials must be stored in contc1iners. C. Sweep and remove all milterials from paved surfaces !hilt drain to streets, gutters and storm drains prior to rc1in as well as at the end of the each work d,1 y . At lhl' Pagl' 7 o f 20 completion of the project, the street shall be washl'd and th e wnsh water shal l be.' collected and disposed of offsite in an approprinte location . D. After breaking old pavement, Contrc1ctor shall remove c1ll debris to c1void contact vvith rc1infoll or runoff. E. Contrcictor shn ll maintain a clean work arcn by removing trash, litter, and debris at the end of each \•Vork day. Contractor s hall also clean up nny lea ks, drips, and other spills as they occur. The objective is to rnsure that the City and County of Santa Clara County-Wide Clean Wt1ter Program is adegutltely enforced. These controls should be implemented prior to the sta rt of construction, up-g rc1ded <1s required, maintc1ined during construction phases to provide ad e quate protection, and removed at the end of construction. These recommendations are intended to be u sed in conjunction with the State of California's Best Mt1nagement Practices Municipal and Construction Handbooks, lo ca l program guidance materials from municipalities, Section 7.1.01 of the Stimdard Specifications and any other approprit1te documents on storm water quality controls for construction. Failure to comply \,1,1 ith thi s program \Nill result in the issuan ce of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above prog ram is two hundred and fifty doll ars ($250 .00) per occurrence per day . The State und er the Fed e ral Clean Wt1tcr Act can also impose a fine on the contractor, purs ut1nl to Cal. Water Code '13385. 19 . TERMINATION: Jn the event Contractor fails or refu ses to perform t1ny of the provisions hereof at the tim e and in the manner required h ereunder, Contractor s hall be d eemed 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 d e fau lt, 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 di sc retion c1nd without cause, of terminating this Agreement by giving seven (7) days' prior written noticl' to Contractor as provided herei n. 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 state or federal Jaws and t11l ordinances, rules and regulations enacted or issued by City . Specifically, and without limitation, Contractor shall comply with all s tate, federnl , or local regulation rega rding the removc1l and disposal of ha za rdous waste. A. PREVAILING WAGES: To the e xtent applicable, Contractor shall compl y l'age 8 uf 20 with the City's Labor Compliance Program and all other requirements se t forth in Labor Code section 1770 et seq. Contractor sh,1ll pay prevailing wJges. Contractor will submit monthly certified payroll reco rds to City for all employees and subcontractors in a preupproved form<1t or a City provided form. Any delay in remitting certified payroll reports to City upon request from City will result in either delay and/or forfeit of outstanding payment to Contractor. B. WORKING DAY: To the extent applicable, Contractor s hall comply with California Labor Code Sec tion 1810, et seq. which provides that work performed by l'mpluyel'S of contr;:ictors in e xcess 01· 8 hours per dc1 y, c111d 40 hours durinH any one wel'k, must be compensatl'd as OVL'rtime, ,1t not less th,rn I 1/2 times th e basic 1-.1 te of p;:iy. C. PAYROLL RECORDS: To the extent applicable, Contractor shall comply with California Labor Code Section 1776 which requires certified payroll record s be maintained \·Vith the name, address, social security number, work classification, slrnight tirne zind overtime hours worked each day Jnd week, and llw act uJI per diem w,1ges paid to e,ich journeyman, apprentice, worker, or other e mployee employed by him or her in connection with this Ag reemen t. The Payroll Records shall be 111c1de .1vailc1ble fo r ins p ect-ion as provided in C1liforni,1 Labor Code Section I 776. D. APPRENTICES: To the extent upplicable, Contractor shall comply vv ith California Labor Code Section 1777.5 regarding apprentices. 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by th e lJws of the State of California excepting any choice of law rules which may direct the applirntion of la ws of another jurisdiction . The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and reg u fations 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 S,rnta Clara, State of California. 12. ADVERTISEMENT: Contractor shall not post, exhibit, displ;:iy or Jliow to be posted, exhibited , displayed any signs, advertising, show bills, lithogrt1phs, posters or cards of any kind pcrt;:iining to the services perform ed und er this Agreement unless prior written approval has been secured from City to do othenvise. 23. WAIVER: A waiver by City of ;:iny breach of any term, covenant, or condition contained herein, sh;:ill not be dee med to be a waiver of any subsequent brea c h of the same or any other term, covenant, or condition cont;:iincd herein, whether of the same or a differen t character. 24 . INTEGRATED CONTRACT: T his Agreement represents the full and complete und e rstanding of every kind or nature whatsoever betvveen the parties hereto, and all preliminary negot iations and agreements of whatsoever kind or ni'lture are merged h ere in . No verbal agreement or implied covenant shall be Pagl' 9 of 20 h e ld to va ry th e p ro vi s ions h e r e of. A n y m o di fica ti o n of this Ag r ee m e n t w ill be e ff ecti ve o nl y by w ritten exec uti o n s ig n e d b y b o th C ity and Contrac tor. 25. INSERTED PROVISIONS : Each p rov is ion and cl a u se r equired by law to b e in serted into th e Ag ree m e nt s h ell! be dee m e d to b e e n ac te d h e re in , a nd th e Agr eem e nt s h a ll b e re a d a nd e nfo r ced a s th o u g h each wer e in c lud e d h e r e in . If th ro u g h mi s ta k e o r o th e r w ise, any s u ch provisi o n is n o t in serte d or is not correc tl y in se rted , th e Agreem e nt s hall be ame nd e d to m a ke s u c h in sertion o n appli cati o n by e ith e r p a rty . 2 6. CAPTIONS: Th e captio n s in thi s A g ree m e nt are fo r co n veni e n ce o nl y, are n o t a part o f th e Ag ree m ent and in no wa y affect, limit or a mplify th e te rm s o r p rov is io n s of thi s Ag ree m e nt. ~' :\-.. 3 ~ P.O. No.:-:'fflJ6 ogggg55 4....: IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR By/. Title President Date_~-'--+-/~;~J_,_~~!~J ___ _ r 1 Address: 42 Bonaventura Dr., San Jose, CA. 94945 CITY OF CUPERTINO A Municipal Corporation ~rm~or of Public Works Date ~ f z,,f /17 I I RECOMMENDED FOR APPROVAL: By 6}{k.-if~ Chris Orr, Public Works Supervisor APPRJ VED AS TO FORM: By ~Vv~ ~'Y ttorney ATIEST:n;/ ~~'rlf 2-2lf--t7 Grace Schmidt, City Clerk Contract Amount: $34,780.00 Account No.: 100-87-838-900-990 Page 11 of 20 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERT[NO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS -SUBMIT [N TRIPLICATE ·1. In s urance Agreement -Must be s ig ned b y Contractor. 2. Certificate of Insurcince to th e City of Cupertino -must b e co mpl e t e d b y the in s urnnce agent or must provide a certificate on the company's form. They must contain the sci mc information . 3. Endorsement o f Additional In s ure d and Primary In s uran ce and No tic e of Cancellation -must be signed by th e insurance a gent for generc1l liabil ity and automobile liability o nly. 4 . Comprehensive g en era l liabil ity/com m e r cia l gene ral li abi lity e ndorsement of aggregate limits of in s urance per project -must be signed by the in s uran ce agent for general lic1bilit y only. 5. Waiver of subroga ti o n endorsement worker's compen s cition insurnnce -must be signed by th e insuran ce cigent for worke r 's compensation o nl y. l'n ge '12 of 20 CUPERTINO INSURANCE AGREEMENT A. Contrc1ctor is c1wc1re of the provisions of Sec tion 3700 of the Labor Code, which requires every e mployer to be insured against li abi lity for worker's compensation or und ertake se lf- ins urance in acconfance with the provisions of that Code, and will comply \vith s uch provisions before commencing the performance of the vvork of thi s Contract. B. Contrac tor and all subcontractors will ca rry worker's compensation insurance for the protection of its employees during the progress of the work. The in s urer shall waive its rights of subrogation against the City, th e City's officers, agents a nd e rnpl oyees and s hall issue an end o rsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, com mercial general liability insurance, automobile liability insurance and builder's all risk in s ur<'lnce . All insur<'ln ce coverage shall be in amounts re quired by th e City and shall be evidenced by th e issuance of a certificate in a form prescribed by th e City and sha ll be underwri tt e n by in s uran ce companies satisfactory to the City for all operations, s ub-con tract work, contractual obligations, product or completed operations, all owned vehicles and non-owned ve hicl es. Said insurance coverage obtained b y the Contractor, excepting worker's compensation coverage, s hall name the City, its engineer, and each of its directors, officers, age nts and employees, as determined by th e City, as additional insureds on said policies. Insure rs must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at leas t Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to th e City. D. Before Contractor performs <'lny work at, or prepa r es or delivers materials to, the site of construction, Contractor s hall furnish certificates of insurance evidencing the foregoing in s urc1n ce coverages and such certificates shc1ll provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days wr itten notice to the City. Contractor s hall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying th e foregoing insurance shall not derogate from the provisi o ns for indemnification of th e City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force <'Ind effect during th e life of this Contract, the following insurance in amounts not Jess than the amounts specified and having a Best's Guide Ratin g of A, Class VII or better or that is otherwise accept<'lble to the City. LIMITS l'agL' 13 of 20 Worker's Compensation and Employers' Liability General Liability -commercial general liability; including provisions for contractual liability, personal injury, independent contractors and products -completed operations hazard . Automobile Liability -comprehensive covering owned, non-owned and hired automobiles. Harry L . Murphy , Inc. (Contractor's Name) Page 14 of 20 In accordance with the Worker's Compensation Act of the State of California -Worker's Comp "statutory" per CA Law; Employers' Liability $1,000,000 per occurrence Combined single limit of $2.0 million per occurrence; $4.0 million in the aggregate Combined single limit of $1.0 million per occurrence. CUPERTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that th e following described policies have been issued to the insured named below and are in force at this tim e. Insured : ---------------- Address: ---------------- De sc ription of operations/locations/products insured (show contract nam e and/or number, if any):-------------------------------- WOl{KER'S COMPENSATION (Name of insurer) * Statutory Min. * Employer's Liability $ ___ _ ~~~ -------- $ ___ _ $ Insurance Company's State Licen se No. __________________ _ Check Policy Type: COMPREHENSIVE GENERAL LIABILITY [ J Premises/Ope rations [ J Owners & Contractors Protecti ve f ] Contractual for Specific Contract $ _____ _ [ J Products Liability [ J XCU Ha zards [ J Broad Form P.O. [ J Severability of Interest Clause f l Pe rsonal Injury with Employee Exclusion Remov e d or Self-Insured COMMERCIAL GENERAL LIABILITY Eac h Occurrence General Aggregate (if applicable) Aggregate Personal Injury $ ____ _ $ _______ _ $ _______ _ Fire Damage (any one fire) $ _______ _ Medical Expense (any one person) Retl'ntion $ _______ _ $ ___ , (Name of i n surer) Policy No. ________ _ AUTOMOTIVE/VEHICLE LIABILITY Commercial Form Expiration Date ____ _ BODILY INJURY Each Person l\1ge 15 of 20 PROPERTY DAMAGE Each Accident Liability Cove rc1ge $ ______ $ ______ _ Each Accident (Name of insurer) $ _______ or Combined Single Limit $ _______ _ Poli cy No . ________ _ Ex pira tion Date ______ _ [3UILDER 'S RISK "A LL RJ SK " Thi s is to certify that the following poli cy has bee n iss u ed by th e below-s tated company in co nfonn ,mce with th e requirements of the projec t documents a nd is in force at thi s time. NIA (Na m e of insurer) Poli cy No. ________ _ Expiration Da te ____ _ Limits o f Liability : _______ _ Deductible: ______ _ (/\gent's in itial) A copy of all Endorsements to the policy(ies) w hi ch in any way limit th e a bo ve-listed types o f co v erage are attached to thi s Ce rtifi cate of In s urance. This Certifi ca te of In s urance is not an ins ur,mce p o licy a nd does n o t ;;irnend, extend or alter the cove ra ge afforded b y th e p ol icies li sted here in. No tw ithstandin g any requirement, te rm, or condition of a n y contrnct or a n y o th er docum e nt with respect to which th is Certificate of In su ran ce m ay be iss u e d o r ma y p e rtain, th e insura n ce afforded by th e p o li c ies described herein is s ubj ec t to all the te rm s, excl u s ion s and conditions of s u ch p o licies. IT TS HEREBY CERTIFIED that the above p o licy (ies) provide liability insurance as required by the A greem e nt between the City and the insured. Uy:-----------Dated: __________ 20 __ Attach Ce rt ificat e of Ins urance a nd Additional Ins ured Endorsement on company forms. f'ilgL' 16 of 20 CITY OF a CUPERTINO ADDITIONAL INSURED ENDORSEMENT and ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: ______________________ _ 1n consideration of the poli cy premium and notwithstanding any inconsistent stZ1ternent in th e policy to which this Endorsement is attached or any other Endorsement Z1ttached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public Z1gencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its offic<.'rs , agents and employees, are hereby declared to be additional insureds und er the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of th e City in connection with the Contract 1,,vith the City, or acts or omissions of the additionzil in s ureds in connection vvith, but limite d to its general supervision or in s p ec tion of sa id operations. The insurance afforded by this policy is primZ1ry insurance, and no additional insurance held or owned by th e designated additional insured(s) shall be rnlled upon to cover a loss under said additional policy. Cancellation Notice. The insurance afford e d by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days ' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice s hall be addressed to the City as indicated below. Pilge 17 of 20 POLI CY 1NFORMATI0N I . In su ranee Compan y: _____________ _ 2. In s ura nce P olicy Number: ____________________ _ 3. Effective Da te of thi s End o rs e m e nt: _______________ 20 __ 4. Insured: ____________________________ _ A II noti ces h ere in provided to b e given by the In s urance Co mpany t o th e City in co nn ect ion with this policy and these End orsements, sha ll be mailed to o r d e li ve red to the C ity <1t 10 300 Torre Avenue; Cupertino, Ca lifornia 95014. I, __________________________ (print/type name) warrant that I h ave authority to bind th e below li s te d In s urance Company and by my s ignat ure he reo n do so bind this Company. S ig nature of Authorized Re presentativ e: __________________ _ (Ori g inal s ig n ature r eq uired o n a ll Endorsements furnished to th e District) Names of Agent/Agen cy: _____________ _ Title: __________ _ Ad d ress: _______________ _ Te lephone: ________ _ Facsimile: -------- Pa g L' 18 of 20 CITY OF a CUPERTINO COMPREHENS1VE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF INSURANCE PER PROJECT Project Title and Number: ______________________ _ In consideration of the policy premium nnd notwithstanding nny incons istent stntemenl in the policy to which this Endorsement is attached or nny other Endorsement nttziched thereto, it is as follows: This Endorsement modifies the insur-nnce provided under the General Liability Covernge part of the belovv-refercnced policy of insurance . The general aggregate limit under LIMITS OF INSURANCE zipplies separMely to the project described ns POLICY INFORMATION 1. Insurance Company: ________________________ _ 2. Insurance Policy Number: ______________________ _ 3. Effective Date of this Endorsement: _________________ 20 __ 4. Insured: ____________________________ _ 5. Additional Insured: City of Cupertino, its directors, officers, agents nnd employees . All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City cit 10300 Torre Avenue; Cupertino, Cnlifornia 95014. I, __________________________ (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my sigm1ture hereon do so bind this Company. Signature of Authorized Represcntntivc: __________________ _ (Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: _____________ _ Title: __________ _ Address: _______________ _ Telephone: _______ _ Facsimile: -------- Page 19 of 20 CITY OF g CUPERTINO WAIVER OF SUBROGATION END OR SEMENT WORKER'S CO MPENSA TION INSU RANC E Projec t Title ilnd N um ber : ______________________ _ In co nsid e ration o f th e p o lic y premium ilnd notwithstanding a n y in co n s istent s tatemen t in th e policy to which this Endorsement is attached or any other Endorsement Mtziched th e re to, it is agreed as follows: It is agreed that w ith r es p ect to s u ch insurnncc as is afforded b y the policy, the Ins urance Co mpany waives any right o f subrogiltion ilgains t the C ity of Cupertino, and each of its directors, officers, agents, con s ultants and e mpl oyees by reason o f zmy pa y ment m a de o n account of injury, including death res ulting therefro m , s u s taine d b y any em ployee of th e insure d , arising out of th e p e rforman ce of the abo ve-r e fer e nced Contract. POLICY INFORMATION 1. Ins urance Company: ________________________ _ 2. In s urance Pol icy Number: ______________________ _ 3 . Effective D ,1te of this Endorsement: _________________ 20 __ 4. In s ured: ____________________________ _ A ll notices h erei n provided to be g i ven by the Ins uran ce Company to th e City in connection wit h thi s p ol icy a nd th is Endorsement, s hall be mailed to or de li vered to th e C il y a t 10300 Torre A venu e; Cu per ti no, California 95014 . I, __________________________ (print/type name) warrant that I have authority to bind the bel ow li sted In s uran ce Co mp any and by my signature h e reon do so bind this Company. Signature of A uth o ri zed Representative: __________________ _ (Original signature r e quire d on all Endorsements furnished to the Di s tri c t) Names of Agent/Agency: _____________ _ Title: __________ _ Address: _______________ _ Telephone: _______ _ Fa cs imil e: -------- END OF DOCUMENT P,1 ge 20 of 20 HARRLMU-01 WILHOITEM ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/6/2017 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 have ADDITIONAL INSURED provisions or 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 li2~!AcT Willis Towers Watson Certificate Center Willis Insurance Services of California , Inc. W8,NJo , Ext): (877) 945-7378 I FAX c/o 26 Centu1 Blvd (A/C, No):(888) 467-2378 P.O . Box 305 91 ~oMl~~ss· certificates@willis .com Nashville, TN 37230-5191 INSURER/SJ AFFORDING COVERAGE NAIC # 1NsuRER A: West American Insurance Company 44393 INSURED INSURER B ,American Fire and Casualty Company 24066 Harry L. Murphy, Inc. INSURER c : Insurance Company of the West 27847 Attn : Randy Wadley P.O . Box 641597 INSURER D : San Jose, CA 95164-1597 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER · REVISION NUMBER · THIS IS TO C ERTIF Y THAT THE POLICIES OF INSURANCE LI STED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AF FORDED BY THE POLI CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . 1,Nft TYPE OF INSURA NCE POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY =o CLAIMS-M ADE [KJ OCCUR X PD Ded : $5 ,000 X X 3 BKW (18) 56340804 X Per claim GEN 'L AGGREGA TE LIMIT APPLIES PER: 1 POLICY D ~r8i D LOC I OTHER: 8 AUTOMOBILE LIABILITY X ANYAUTO -OWNED _ AUTOS ON LY f--- HIRED AUTOS ONLY - SCHEDULED AUTOS NON-OWNED AUTOS ONLY X 8 _ UMBRELLA LIAB ~ OCCUR X EXCESS LIAB I I CLA IMS-MADE X OED I I RETENTION s C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PR OPRIETOR /PARTNER /EXECUT IVE rtJl N / A OFFICER /MEMBER EXCLUDED? ~ (Mand atory in NH) If yes , describe under DESCRIPTION OF OPE RA TI ONS below X BAA (18) 56340804 ESA56340804 WSD 5001189 08 LIMITS EAC H OCCURRE NCE $ 1 ,000 ,000 02/01/2017 02/01/2018 ~~~j~H?E~~~Ji~ncel s 500,000 1-'-'==~~==~--;~--------l MED EXP IA nv one oersonl $ 15,000 PERSON AL & ADV IN JURY GENERAL AGGR EG ATE PRODUCTS -COMP/OP AGG S COMBINED SIN GLE LIM IT tE a accident\ 1,000,000 2 ,000,000 2,000 ,000 1,000,000 02/01/2017 02/01/2018 r B=O=D=IL~Y~IN=J=U~R~Y~ IIP~e~r o=e=rs=on~ll -+'$~-------j BODIL Y INJURY /Per accident\ S 02/01/2017 02/01/2018 02/01/2017 02/01/2018 EAC H OCCURRENCE AGGREGA TE X / ~~InJTE / I OTH-ER E.L. EAC H ACCID ENT E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLIC Y LIM IT S 5 ,000 ,000 5,000,000 1 ,000,000 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 , Additional Remarks Schedule , may be attached If more space Is required) City , its City Council, boards, and commissions , officers , employees , and volunteers are included as Additional Insureds as respects to General, Auto and Umbrella/Excess Liability. Waiver of Subrogation applies in favor of City, its City Council, boards , and commissions , officers, employees , and volunteers with respects to General and Auto Liability . CERTIFICATE HOLDER CA NC ELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . City of Cupertino AUTHORIZED REPRESENTATIVE Attn: Chris Orr 10555 Mary Ave. ICuaertino. r.A acn14 ACORD 25 (2016/03) © 1988-2 015 ACORD CORPORATION . All rights reserved . The ACORD name and logo are registered marks of ACORD --- = - *--g - 0 POLIC Y NUMBER : B KW ( 1 8 ) 5 6 3 4 0 8 0 4 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization{s) Blank et Additiona l Insu red agreed PO BOX 641597 ATTN: RANDY WADLEY SAN J OSE, CA 95164 Location And Description Of Completed Operations Work descr i bed in writing in the contrac t , or permit Location(s) at wh i ch You performed work described in written contract , agreemen t or permit." Information required to complete this Schedule, if not shown above , will be shown in the Declarations . A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s ) shown in the Schedule, but only with respect to liability for "bodily in- jury" or "property damage" caused , in whole or in part , by "your work" at the location des- ignated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-com - pleted operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment , the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement , the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement ; or 2. Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations . CG 20 37 04 13 © Insurance Services Office , Inc ., 2012 Page 1 of 1 -= ~ --g 0 m N 0 POLICYNUMBER: BKW (18) 56 34 08 04 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Blanket Addit i onal Insured agreed PO BOX 641597 ATTN: RANDY WAD LE Y SAN JOSE, CA 95164 Location(s) Of Covered Operations Any location(s) when You have agreed in a written contract, agreement or permit that person or organization be added as an additional insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations . A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule , but only with respect to liability for "bodily in- jury", "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 operatons for the additional insured(s) at the location(s) designated above . However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law ; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . B. With respect to the insurance afforded to these additional insureds , the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or" property damage" occurring after : 1. All work , including materials, parts or equipment furnished in connection with such work , on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed ; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office , Inc ., 2012 Page 1 of 2 0 C. With respect to the insurance afforded to these additional insureds , the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement ; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less . This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations . Page 2 of 2 © Insurance Services Office , Inc., 2012 CG 20 10 04 13 BKW (18)56340804 COMMERCIAL AUTO CA88100113 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 PROVISION NUMBER = m ~ --8 _ N 0 0 ADDITIONAL INSURED BY CON TR AC T , 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 LO AN / LEASE GAP PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE -ADDITIONAL 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. BROAD FORM INSURED 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 insuretj 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 formation. However , coverage under this provision does not apply : (1) If there is similar insurance or a self-insured retention plan ava ilable to that organization ; © 2013 Liberty Mutual Insurance CA88100113 Includes copyrighted material of Insurance Services Office , In c . with its permission . Page 1 of 7 N 0 0 (2) If the Limits of Insurance of any other insurance policy have been exhausted ; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization . 2. EMPLOYEES AS INSUREDS 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". 3. 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) Only 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, including 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 protection , the following provision is added : SECTION II -LIABILITY, exclusion 8.5. FELLOW EMPLOYEE does not apply if the "bodily 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 Comprehensive , 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 Services Office , Inc ., with its permission . Page 2 of 7 0 ~ N N 0 0 == b. Your "employee" hires or rents under a written contract or agreement in that "employee 's" name , but only if the damage occurs while the vehicle is being used in the conduct of your business , subject to the following limit and deductible : A. The most we will pay for "loss" in any one "acc ident" 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 limit , deductible and excess provis ions described in this provision , we will provide coverage equal to the broadest coverage applicable 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 e xtension 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 thi s provision , SECTION V -DEFINITIONS is amended by adding the following : "Total loss" means a "los s" in which the cost of repairs plus the salvage value exceeds the actual cash value . 7. TOWI N G A N D LABOR SECTI ON Ill -PH YSIC A L DA MAGE CO V ERA G E, paragraph A.2. Towing , is amended by the addition of the following: We will pay towing and labor costs incurred , up to the limits shown below , each time a covered "auto " class ified and rated as a private passenger type , "l ight tru ck " or "medium truc k" is dis- abled : a . For pr ivate passenger type veh icles , we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 pe r disablemen t. "Light trucks" are trucks that have a gross vehicle weight (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 ma ximum limit of $1,500 © 20 13 Li be rt y Mutual In s uran ce CA 88 1 0 01 13 Includes copyri g hted material of Insura nce Se rv ice s Office , Inc ., wit h its permission . Page 3 of 7 N 0 0 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE , is amended by adding the following 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 will be based on the rental of a comparable vehicle , which in many cases may be substantially less than $75 per day , and will only be allowed for the pe riod of time it should take to repair or replace the vehicle 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 which is not already prov ided under Paragraph 4. Coverage Extension . f. No deductible applies to this coverage . For the purposes of this endorsement provision , materials and equipment do not include "personal effe cts" as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAG E Under SECTION Ill -PHYSICAL DAM AGE COVERAGE , A. COVERAGE , we wi ll pay for the expense of returning a stolen covered "auto " to you . The ma xi mum amount we will pay is $1 ,000 . 11. PERSON AL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE , is ame nded by adding the follow ing : If you have purchased Comprehens ive Coverage on this policy for an "auto " you own and that "auto " is stolen , we will pay , without appli cation of a deductible , up to $600 for "personal effects " stolen w ith the "auto ." The insurance provided under this provision is excess ove r any other collectible 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 SE CTION Ill -PHYSICAL DAMAGE COVERAGE , B. EX CLUSIONS is amended by adding the follow- ing If you have pu rchased Comprehensive or Collision Coverage under th is 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 COVERAG E , B. EX CLUSIONS , exception paragraph a. to excl u- sions 4.c. and 4 .d. is deleted and replaced with the following : © 20 13 Libe rty Mut ua l In s uran ce CA 88 10 0 1 13 In clud e s copy rig hte d materia l of In su ran ce Serv ices Offic e , Inc ., wi th its pe rm issio n . Pa ge 4 of 7 0 ~ N 0 - Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio , v isual or data signals, whether or not designed solely for the reproduction of sound , if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto 's" electri cal system , in or upon the covered "auto " and physical damage coverages are prov ided for the covered "auto "; or If the "loss" occurs solely to audio , visual or data electronic equipment or accessories used with this equipment , then our obligation to pay for , repair , return or replace damaged or stolen property will be reduced by a $100 deductible . 14. LOAN / LEASE GAP COVERAGE A . Paragraph C., LIMIT OF INSURANCE of SECTION Ill -PH YSICAL DAMAGE COVERAGE is amended by adding the following : The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the : 1. Balance due unde r 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 financ ial penalties associated with those payments as of the date of the "loss", b. Finan cial penalties imposed under a lease due to high mileage , excessive use or ab- normal wear and tear , c. Costs for extended warranties , Credit Life Insurance , Health , Accident or Disability Insurance purchased with the loan or lease , d . Transfer or rollover balances from previous loans or lea se s, e. Final payment du e und er a "Balloon Loan", f . The dollar amount of any un repaired damage which occurred prior to the "total loss" of a covered "auto ", g . Security deposits not refund ed by a lessor , h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any wa rranty or extended service agreement on a covered "auto ", i. Any amount representing ta xes , 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 condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Te xas . 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 changed by adding the following : 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 with periodic payments that are insuffi cient to repay the balance over the term of the loan, thereby requiring a large final payment. © 20 13 Libe rt y Mutual In s uran ce CA 88 10 01 13 In clude s copy ri gh ted mate ri al of In sura nce Services Office , Inc ., w ith its permiss ion . Pa ge 5 of 7 N 0 0 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 SECTIQN Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following : The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with 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 (o r 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) deductible will be waived . For the purpose of this 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 , Pa ragraph 8.2. 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 additional 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 limited liability company ; 4. An executive officer or the "employee" designated by the Named Insured to give such notice , if you are a corporation. © 2013 Liberty Mutual Insuran ce CA 88 10 01 13 In cludes copyrighted material of In surance Services Office , Inc., with its permission. Page 6 of 7 ---= m 8 --g _ To the extent possible , notice to us should include: (1) How, when and where the "accident" or "loss" took place ; (2) The "insu reds" name and address ; and (3) The names and addresses ofany injured persons and witnesses . 20. WAIVER OF TRANSFER OF RIGHTS O F 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 waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS , paragraph B.7., Policy Period, Coverage Territory, is amended by the addition 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 America , Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "au to" 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 following : "Bodily injury" means physical injury, sickness or disease sustained by a person , including mental ~ anguish , mental injury , shock, fright or death resulting from any of these at any time . N 0 0 COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS , paragraph A. -CANCELLATION condition applies except as fol- lows : If we cancel for any reason other than nonpayment of premium , we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation . This provision does not apply in those states which require more than 60 days prior notice of cancella- tion . © 2013 Lib e rty Mutual Insurance CA88100113 In cludes copy ri ghted material of Insurance Services Office , Inc ., with its permission . Page 7 of 7 BKW (18)56340804 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY-ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY -ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -6 FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office, Inc ., with its permission . Page 1 of 8 BKW (18)56340804 With respect to coverage afforded by this endorsement , the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured ; 2. It is hired , chartered or loaned with a trained paid crew ; 3 . The pilot in command holds a currently effective certificate , issued by the duly constituted authority of the United States of America or Canada , designating her or him a commercial or airline pilot ; and 4. It is not being used to carry persons or property for a charge . However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary , excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision . B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g . Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is : (a) Less than 52 feet long ; and (b) Not being used to carry persons or property for a charge . C . PROPERTY DAMAGE LIABILITY -ELEVATORS 1 . Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of ex clusion j. Damage To Property do not apply if such "property damage" results from the use of elevators . For the purpose of this provision , elevators do not include vehicle lifts . Vehicle lifts are lifts or hoists used in automobile service or repair operations . 2 . The following is added to Section IV -Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary , excess , contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part : 1. Under Paragraph 2. Exclusions of Section I -Coverage A -Bodily Injury and Property Damage Liability: CG 8810 0413 a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1 ), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire , lightning , explosion , smoke , or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days ; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days . Paragraphs (1 ), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days . A separate limit of insurance applies to this coverage as described in Section Ill -Limits of Insurance . © 2 013 Liberty Mutual Insura nce Include s copyrighte d material of In suran ce Servic e s Office , Inc .. with its permis sion . Page 2 of 8 BKW (18)56340804 b. The last paragraph of subsection 2. Exclusions is replaced by the following : Exclusions c. through n. do not apply to damage by fire , lightning, ex plosion , smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as desc ribed in Section Ill -Limits Of Insurance. 2. Paragraph 6. under Section Ill -Limits Of Insurance is replaced by the following : 6. Subject to Paragraph 5. above , the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to : a. Any one premise: (1) While rented to you ; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire , lightning , explosion , smoke or leakage from automatic protection systems ; or b. Contents that you rent or lease as part of a premises rental or lease agreement . 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9 .a. of Definitions is replaced with the following : 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire , lightning , explosion , smoke , or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such prem ises that are included in your premises rental or lease agreement , is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise exc luded , the Medical Payments provided by this policy are amended as follows : Under Paragraph 1. Insuring Agreement of Section I -Coverage C -Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) Th e ex penses are incurred and reported within three years of the date of the accident ; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following : b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies . We do not have to furnish these bonds . 2. Paragraph 1.d . is replaced by the following : d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work . G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organ ization whom you have agreed to add as an additional insured in a written contract, written agreement or permit . Such person or organization is an additional insured but only with respect to liability for "bodily injury ", "property damage " or "personal and advertising injury" caused in whole or in part by: CG88100413 a. Your acts or omissions , or the acts or om issions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage " occurs , or the "personal and advertising injury" is committed , subsequent to the signing of such written contract or written agreement ; or © 201 3 Lib erty Mutual Insurance Includes copyrighted mate rial of In suran ce Servi ces Office , Inc., wi th its perm issi on . Page 3 of 8 However: BKW (18)56340804 b. Premises or facilities rented by you or used by you ; or c . The maintenance , operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions : (1) This insurance does not apply to "bodily injury", "property damage ", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision ; (2) This insurance does not apply to "bodily injury" or "property damage " included within the "completed operations hazard ". (3) Insurance applies to premises you own , rent , or control but only with respect to the following hazards: a) The existence , maintenance, repair , construction , erection , or removal of advertising signs , awnings, canopies, cellar entrances, coal holes , driveways , manholes , marquees , hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection , or removal of elevators ; or (c) The ownership, maintenance , or use of any elevators covered by this insurance. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2 . If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such additional insured will not be broader than that which you are required by the cont ract or agreement to provide for such additional insured . With respect to Paragraph 1.a. above , a person 's or organization 's status as an additional insured under this endorsement ends when : (1) All work , including materials , parts or equipment furnished in connection with such work , on the project (other than service , maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed ; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above , a person 's or organization 's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilit ies ends . With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence " which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an add itional insured under this endorsement until we receive written notice of a "suit " by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Conditions . © 2013 Liberty Mutual Insurance CG 88 10 0413 In c ludes copyrighted material of In suran ce Services Office, Inc., with its permission. Page 4 of 8 BKW (18)56340804 2 . With respect to the insurance provided by this endorsement , the following are added to Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to : a. "Bodily injury " or "property damage " arising from the sole negligence of the add itional insured . b . "Bodily injury" or "property damage" that occurs prior to you commencing operations at th e location whe re such "bodily injury " or "property damage " occurs . c. "Bodily injury", "property damage" or "personal and advertising injury" aris ing out of the rendering of, or the failure to render , any professional architectural , engineering or surveying servi ces , including : (1) The preparing , approving , or fail ing to prepare or approve , maps , shop drawings , opinions , reports , surveys , field orders , change orders or drawings and specifications ; or (2) Supervisory, inspection , architectural or engineering activities. This exclusion applies even if the cla ims against any insured allege negligence or other wrongdoing in the supervision , hiring , employment, training or monitoring of others by that insured , if the "occurrence " which caused the "bodily injury " or "property damage ", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render , any professional architectural , engineering or surveying services . d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials , parts or equipment furnished in connection with such work , on the project (other than service , maintenance or repairs ) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed ; or (2) That portion of "your work" out of which the injury or damage arises has bee n put to its intended use by any person or o rgani zation other than another contractor or subcontra ctor engaged in perfo rming operations for a principal as a part of the same project. e. Any pe rson or organization spec ifically designated as an additional insured fo r ongoing operat ions by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy . 3. With respect to the insurance afforded to these additional insureds , the follow ing is added to Section Ill - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement , the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement ; or b. Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less . This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations . H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insu red under any form or endorsement under th is policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows : CG 88 10 0413 a. The following is added to Paragraph a. Primary Insurance: If an additional insured 's policy has an Othe r Insurance provision making its policy e xcess , and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncont ributory basis , this policy shall be primary and we w ill not seek contribution from the additional insured's policy for damages we cover. © 2 0 13 Liberty Mutu al Ins uran ce In clude s copyri ghte d materia l of Insurance Se rvi ces Offi ce, Inc ., wi th it s pe rm is sio n . Page 5 of 8 BKW (18)56340804 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement , other than a premises lease , facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured . Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess , contingent or on any other basis for which the additional insured has been added as an additional insured on other policies . I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy . 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us ; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured ; and c . Agree to make available any other insurance which the additional insured has for a Joss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured . 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of in su ra nce as stated in the Declarations of this policy and defin ed in Section Ill -Limits of Insurance of this policy, whichever are Jess. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO JS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following : (1) "Bodily injury" or "personal and advertising injury": CG 88 10 0413 (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business , or to your other "volunteer workers" while performing duties related to the conduct of your business ; (b) To the spouse, child , parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above ; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above ; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others , or if coverage for providing profess ional health care services is not otherwise ex cluded by separate endorsement , this provision (Paragraph (d)) does not apply. © 2013 Lib e rty Mutual Insuran ce In clud es copyrighted materi al of In surance Se rvic es Offi ce . In c., with its permi ss ion. Page 6 of 8 BKW (18)56340804 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury " caused by an "employee " who is acting in a supervisory capacity for you . Supervisory capacity as used herein means the "employee 's" job responsibilities assigned by you, includes the direct supervision of other "employees " of yours. However, none of these "employees " are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct , which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest , will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage 8 does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. . FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences " existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences " is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences ", offenses, claims or "suits " shall have received such notice from the agent , servant or "employee ". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge , your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following : 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury , sickness or disease . © 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office , Inc., with its permission . Page 7 of 8 BKW (18)56340804 P. EXTENDED PROPERTY DAMAGE Exclusion a . of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following : a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured . This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property . Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2 . The injury or damage occurs subsequent to the execution of the written contract or written agreement. © 2013 Liberty Mutua l Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office , In c., with its permission . Page 8 of 8 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed . 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-BLANKET 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 3% of the total California Workers ' Compensation premium otherwise due. Person or Organization Any person or organization for which this waiver is required . Policy Number: WSD 5001189 08 Endorsement Effective : 2/01/2017 Issue Date : 2/01/2017 WC 99 06 34 (Ed. 8-00) Schedule Job Description All California Operations . Insured : Harry L Murphy Inc Coverage Provided by : Insurance Company of the West Countersigned by: ___ ol~fd/t- BAA(18)56340804 = ID -g --- 0 COMMERCIAL AUTO CA 88 63 09 12 THIS E N DORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMEN DM E NT O F CAN C E LLA TIO N P ROVISIO NS Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac- ing such Conditions is amended by the following : A. If we cancel this policy for any reason other than nonpayment of premium , we will notify the person or organization shown in the Schedule below . In no event will the notice to the person or organization scheduled below exceed the notice to the first named insured . B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate at the earlier of the current policy period expiration or when you no longer have a legal or contractual obligation to such person or organization to maintain insurance coverage under a policy which requires that such person or organization be notified in the event of cancellation. 1. Name or Person or Organization: cITY OF cU P ERT I NO 2. Mailing Address: 105 5 5 Mary Ave . Cupertino CA 95014 3. Number Days Advance Notice: 30 SCHEDULE All other terms and conditions of this policy remain unchanged © 201 2 Lib ert y Mutu al Insuran ce CA 88 63 09 12 Inc lude s cop yrighted mat erial of Insura nce Se rv ices Office . In c .. w ith its permi ssion . Page 1 of 1 Policy# BKW (18) 56340804 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replacing such Conditions is amended by the following: If you have agreed in a written contract or written agreement to provide a person or organization who qualifies as an additional insured under this policy a notice of cancellation and/or material change that reduces or restricts the insurance afforded by this Coverage Part we agree to the following: a. Provide 30 days prior written cancellation notice for reasons other than nonpayment of premium and/or 30 days prior written notice of coverage change per schedule of additional insureds provided to us. © 2010 Liberty Mutual Insurance. All rights reserved . Includes copyrighted rnalerial of Insurance Services Office, Inc. wilh its permission. 17-491 (10/10) Page 1 of 1 02/01/2014 8821182 NEUSXJSG1604 PGDM060D J13199 GCAFPPN 00002470 Page 7 15 POLICY NUMBER: BKW (18)56340804 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT($) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project{s): Description of Construction Project ALL NAMED INSURED'S PROJECTS Location of Construction Project LOCATION(S) AT WHICH YOU PERFORMED WORK DESCRIBED IN WRITTEN CONTRACT, AGREEMENT OR PERMIT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occurrences" under Section I -Coverage A. and for all medical expenses caused by ao- cidents under Section I -Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: · 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Dedarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" in- cluded in the "products completed oper- ations hazard", and for medical expenses under Coverage C regardless of the num- ber of: a. Insureds; b. Claims made or "suiw" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Des- ignated Construction Project General Ag- gregate Limit for that designated con- struction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construc- tion Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense con- tinue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Desig- nated Construction Project General Ag- gregate Limit. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 1- - = B. For all sums which the insured becomes le- gally obligated to pay as damages caused by "occurrences" under Section I -Coverage A, and for all medical expenses caused by ac- cidents under Section I -Coverage C, which cannot be attributed only to ongoing oper- ations at a slngle designated construction project shown In the Schedule above: 1, Any payments made under Coverage A for damages or under Coverage C for medlcal expenses shall reduce the amount available under the General Ag - gregate Limit or the Product&-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Des- ignated Construction Project General Ag- gregate Limit. Agent Signature C. When coverage tor liability ansrng out of the "products-completed operations hazard" is provided, any payments for damages be- cause of "bodily Injury" or "property dam- age• Included In the "products-completed op- eraUons hazard" wlll reduce the Products-completed Operatlons Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the appllcable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the au- thorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section Ill • Limits Of Insur- ance not otherwise modified by this endorse- ment shall continue to apply as stipulated. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 2 of 2 HARRY L .MURPHYINC. \ \ l I €'xh1b;, A ------------------------F LOOI! C O\·"ffll~(;S FAX BID TO : ATTN : PH : FX: CrTY OF CUPERTINO CHRIS ORR ( 408) 472-6777 ( 408) 777-3399 DATE: 01/13/17 Harry L. Murphy, Jnc . is happy to provide you with this competitive quotation. Harry L. Murph y, Inc . is a floor covering contractor specializing in institutional and ind ustrial sheet viny l, resilient tile, and carpetin g since 1947 . Here is the pertinent data for your project : JOB NAME/LOCATION : City of Cupertino Community Hall , Cupertino, CA SCOPE OF WORK : Modular Carpet Tile In stallation SECTION (S ): 09680 , Modular Carp et Tile TOTAL PRICE: Thirty-four thousand , seven hundred and eighty dollars : ($34,780 .00). AS PER DISCUSSION AND PRODUCT SPECIFICATIONS, INSTALLED INCLUDING TAXES LICENSE #C -15 145985 * UNION SHOP * BONDABLE * PRICE GOOD FOR 60 DAYS INCLUSIONS : Demo and lnsta!J Re gular Hours Monda y thru Friday; Norn1al Prep Work only . Removal and disposal of existing carpet and base . EXCLUSIONS : Excessive Preparation Work (i .e. floating, leveling or g1inding of existing subtloor); Saturday, Sunday or Holiday premium rate. COMMENTS : Price is based on furrushing and installing Tandus Collins & Aikman "Haphazard II ", #03366-13506 Mustang 24"x 24" Modular Carpet Tiles , with Burke #7 01-P Black 4", as per discussion . 42 Bonaventura Drive Phone: (408) 955-1100 THANK YOU FOR CONSIDERING OUR QUOTATION, ESTIMATOR: M. Randy Wadley San Jose CA 95134 fH\'}'AX UIJJ Fax : (408) 955-1111 CUPERT I NO (j) =r "'O -i 0 City of Cupertino Service Center 10555 Mary Avenue CUPERTINO , CA 950 14 www .Cupertino .org VENDOR 2594 -HARRY L MURPHY INC 0 HARRY L MURPHY INC g 42 BONAVENTURA DRIVE -m SAN JOSE , CA 95134 n. REFERENCE# CD -i 0 City of Cupertino Service Center 10555 Mary Avenue CUPERTINO , CA 95014 www.Cupertino .o rg Purchase Order No. 2017-00000389 DATE 01/17/2017 PUR CHASE ORDER NUMBER MUST AP PE AR ON ALL INVO IC ES . SH IP PERS. BI LL OF LADING AND CORRES PONDENC E DELIVER BY SHIP VIA FREIGHT TERMS PAGE 1 of1 ORIGINATOR: Chylene Osborne DESCRIPTION: New carpet Community Hall 'QUANTITY DJMM DESCRIPTION , . . . ·. ... --~ -.... ~ '. ::· -·--:~,--,-.. ' -'UNIT COST ' TOTAL COST -' 1.0000 Each 34,780 .0000 $34,780 .00 100-87-838 900-990-Capi tal O utlay Special Proj ec ts -PW 34,780 .00 TOTAL DUE $34,780 .00 DATE 01/17/2017 Authorized Signature S pecia l Instructions