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17-052 Spencon Construction, For Work within the City Hall Plaza Area (interactive water fountain)CITY OF fl CUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. THIS AGREEMENT, made and entered into this 13•h day of April 2017 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and SPENCON CONSTRUCTION INC., 4115 Blackhawk Plaza Cir, Danville, CA 94506 (Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: For work within the City Hall Plaza Area (interactive water fountain) generally located at 10300 Torre Avenue: Provide all labor, materials and equipment to remove 46 feet of existing 6 inch trench grate and frame only. Fill existing trench cavity with concrete and top with City supplied tile. All labor provided shall be paid at a minimum of prevailing wage. Check box if services are further described in an Exhibit. D EXHIBITS: The following attached exhibits hereby are made part of this Agreement: ____ _ --+ERM~The services anEl/er-materials furnished uncler-this Agreement shall commence on ApriH-3 th , 201 1--- and shall be completed no later than June 30 1\ 2017. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $3,560.00 (Three Thousand Five Hundred Sixty) California Labor Code, Section 1 771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of ClTY. Page 1 of 3 Short Form Agreement Insurance. Contractor shall fil e with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1 ,000,000 aggregate -all other Property Damage: $100 ,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1 ,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liabilit covera e in the following minimum.limits,_· __ _ Bodily Injury: $500,000 each occurrence Prope1iy Damage: $100 ,000 each occurrence or Combined Single Limit: $500 ,000 each occurrence ( 4) Professional Liability: Professional liability insurance which includes coverage for the professional acts , errors and omissions of Consultant in the amount of at least $1,000,000. Subrogation Waiver. Contractor agrees that in the event ofloss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance , Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice . Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no Page 2 of 3 Short Form Agreement right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time , observe the manner in which such services are being performed by the conh·actor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to , unemployment insurance benefits , FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME:Roger Lee, Assistant Director of Public Works DEPARTMENT: Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE 100-87-838 700-702 $3,560.00 C ITY CJ,,ERK: ATTES T DATE Page 3 of 3 Short Form Agreement SPENC-4 OP ID: TC ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY ) \.__.----' 12/13/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER . IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED , subject to the terms and conditions of the policy, certain pol icies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ijWeAcT Daniel Brock Sierra Oak Insurance Services W8~o Extl :916-364-7380 I r:;~ Nol : 916-364-7381 Lie# OC97528 9700 Business Park Dr. Ste 105 E-MAIL ADDRESS : Sacramento, CA 95827 IN SURER(S) AFFORDING COVERAGE NAIC # Daniel E. Brock INSURER A : Ohio Securitv Insurance Co. 24082 INSURED Spencon Construction , Inc . INSURER B: Assoc i ated Industries Ins Co 23140 P .O . Box 1220 INSURERC -Cypress Insurance Company 10855 Danville, CA 94526 American Fire and Casualty Co . 24066 INSURERD INSURER E : Great American Insurance Co . 16691 INSURERF : COVERAGES CERTIFICAT E NUMBER: REVISION NUMBER : THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISS UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . N01WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN . THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE IN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIM ITS SHOWN MAY HAVE BEEN REDUCED BY PA ID CLA IMS. INSR TYPE OF INSURANCE ~u~iSOt>H r'Ulll,;Y err-t'ULII,; CAr LIMITS LTR '"'"n iws,n POLICY NUMBER IMM/DDIYYYYl IMMIDDIYYYYl B X COMMERC IAL GENERAL LIAB ILITY EACH OCCURRENCE $ 1,000,000 -D CLAIMS.MAD E 0 OCCUR UAMA\>t: I 'J l<t:N, cu X ~ES102061604 03/28/2016 03/28/2017 PR EMISES 1Ea o-:cu:rencel $ 100,000 ME[l_EXf1 (s\ny one person l----· ~xcluded PERSONAL & ADV INJURY $ 1,000,000 -GEN'L AGC;REGATE LIMIT APPLIES PER · GENERAL AG(;REGA TE $ 2,000,000 R . i X iPRO -01.oc PROC,UCTS-COMP/OP AGG $ 2,000,000 POLICi L.____j JECT OTHER : $ ALrrOMOBILE LIABILITY COM BINED SINGLE LIMIT $ 1,000,000 1Ea ac:i:1 denO -D AN'( AUTO X BAA56631622 07/17/2016 07/17/2017 BOulL Y INJURY (Per person) $ -ALL OWNED X SCHEDULED 80DIL Y IN JURY (Per acc1denq $ -AU TOS AUTOS X X NON-OWNED ~ROPERTY DAM AG E $ H:REDAUTOS _ Auros Per acc:dentl -- $ UMBRELLA LIAB M OCCUR EACH OCCURR ENCE $ 4,000,000 - E X EXCESS LIAB CLAIMS -MA DE XS4959126 03/28/2016 03/28/2017 AGGREGATE $ 4,000,000 OED I I RETENT ION $ GL/CA-S $ WORKERS COMPENSATION X I sr%uTE I IEr AND EMPLOYERS' LIABILITY Y/N C ANY PROPRIETOR/PARTNER/EXECUnVE D X SPWC711495 06 /01/2016 06/01/2017 E.L. EACH ACC IDEN T $ 1,000,000 OF FICER/MEMBER EXC LUDED? NIA (Mandatory In NH) E.L. Di SEASE . EA EMP LOY EE $ 1,000,000 If yes, desc ribe cmde: E.L. DIS EASE . POLICY UMrT $ 1,000,000 DESCRIPTI ON OF OPERATI ONS below A Equipment Floater BKS56631622 07117/2016 07/17/2017 Schedul ed See Cen DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (A CORD 101 , Additional Remarks Schedule, may be attached if more space is required) Pr~ect: Improvements on the Ci~ Hall rlaza . City of Cupertino is named ad itional insured in re~ards to enera Liability and Auto . General Aggreiate endorsemen a~plies to General Liability. Primary and Non- Contri utory applies. Blan et Waiver of Subrogation appl i es to Work Comp CERTIFICATE HOLDER CANCELLATION CITYCUP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS . 10300 Torre Ave Cupertino , CA 95014 ALrrHORIZED REPRESENTATIVE ~~ I © 1988-2014 ACORD CORPORATION . All rights reserved . ACORD 25 (2014/01) The ACORD name and logo are re gistered marks of ACORD POLICY NUMBER:AES102061604 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) Or OrQanization(s): Location And Description Of Completed Operations ALL PERSONS OR ORGANIZATIONS WHERE WRITTEN CONTRACT WITH THE NAMED INSURED REQUIRES ADDITIONAL INSURED COMPLETED OPERATIONS. THIS FORM DOES NOT APPLY TO YOUR WORK ON "RESIDENTIAL PROPERTY ---- Information required to complete this Schedule , if not shown above , will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional ins ured the person(s) or organization(s) shown in the Schedule , but only with respect to liability for "bodily injury" or "property dam- age" caused , in whole or i n part, by ''your w ork" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard ". CG20 37 07 04 © ISO Properties. Inc ., 2004 Page 1 of1 D COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following COMMERCIAL G ENERAL LIABILI TY COVERAGE PART A. Section II -Who Is An Insured is amended tc B. With respect to the insurance afforded to these inc lude as an additional insured any person or or-additional insureds , the following additional exclu- ganization for whom you are performing operations sions apply : when you and such person or organization have This i nsurance does not apply to : agreed in writing in a contract or agreement that 1. "Bodily iniury", "property damage" or "personal such person or organization be added as an addi-~ tional insured on your policy. Such person or or-and advertising injury" ar ising out of the render- ganization is an additional ins ured only with re-ing of , or the fa ilure to render , any professional ------~pect--t . liaoility-for--"t;i GGlily-injur:y', "-FeJ9erty----~ccbitectucaJ er-igineer-ii:ig-0r-st1r:veyiR§-Se ,_____ __ damage" or "personal and advertising injury" vices , includ i ng : caused, in whole or in part , by a. The preparing , approving , or fa i ling to pre- 1. Your acts or omissions ; or pare or approve, maps, shop drawings , opinions , reports , suNeys , field orders , 2. The acts or omissions of those acting on your change orders or drawings and specifica- behalf ; tions ; or in the performance of your ongoing operations for b. Supervisory , inspection, architectural or the additional insured. engineering activities . A person's or organization's status as an additional 2. "Bodily injury" or "property damage" occurring insured under this endorsement ends when your after : operations for that additional insured are complet- ed . a. All work, including materials , parts or CG20 33 07 04 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 in- sured(s) at the locat ion of the covered operations has been completed ; or b. That portion of ''your work" out of wh ich the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performin g operations for a principal as a part of the same project © ISO Properties , Inc ., 2004 Page 1 of 1 D COMMERCIAL AUTO CA 8810 0113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT PROVISION NUMBER 3 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 ___ _.,._X-THA-E-X-F~NSE-----BROADliNED--CO-\lERAG .__ ____________ _ GLASS REPAIR -WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss. of use) HIRED AUTO COVERAGE TERRITORY LOAN/ 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 11 • LIABILITY COVERAGE is amended as follows: 1. BROADFORMINSURED 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 insu red: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; © 2013 Liberty Mutual Insurance CA 8810 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its pe r mission. Page 1 of 7 (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 CO VERAGE, paragra p h A.1. · WHO IS AN INSURED is amended to include the following as a n 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)-0nly-with-respect-to~he-o-p-e-ralion, ma1n-~e..,..n..,..a..,..n~c..,..e_o_r _u..,..se-o'f a-,-----co_v_e..,..r..,..e-.d""-,--a-u-=-to---;";--;------- (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agree m ent, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAG E, 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. 5. 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 If -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 111-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 cove rage 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 CA88100113 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of7 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 "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions 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 extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V -DEFINITIONS is amended by adding the following: 'Totalloss" means a "loss'.-rn which fhe cost of repairs plus ttie salvage value exceeds ffle actua cash value. 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the fol lowing: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "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 maximum limit of $1,500 © 2013 Liberty Mutual Insurance CA 8810 0113 Includes copyrighted material of Insurance Services Office, Inc .• with its permission. Page 3 of 7 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 period 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 appfy 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 provided 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 effects" as defined in provision 11. 1 O. EXTRA EXPENSE -BROADENED COV Under SECTION Ill · PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000 . 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. 8. SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, 8. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE . SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: © 2013 liberty Mutual Insurance CA 8810 0113 Includes copyrighted material of Insurance Services Office, Inc .. with its permission. Page4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual 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" electrical system, in or upon the covered "auto" and physical damage coverages are provided 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 $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the term$ of t he loan o r lease to which the damaged covered "auto " is subje ct at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c . Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability --------lnsurance-Pu~chasecLwitli-theJoan_or:Jease ,___ _____ _ d. Transfer or rollover balances from previous loans or leases , e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j . Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. 8. ADDITIONAL CONDITIONS This coverage app l ies o nly to the orig i nal loan for which the covered "auto" that incurred the loss serves as collatera l, or lease written on the covered "auto" that i ncurred 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 insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013 Liberty Mutual insurance CA 8810 0113 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 15. GLASS REPAIR· WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the 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 Dec la rations. 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 para ra h D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible It will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) 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. UNfNTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph 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 Insurance CA 8810 0113 Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 6 of 7 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has 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 fo r 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 "auto" hired, leased, rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Un-der SEC'fl<:)N·V--:;-1:>fflNilONS;-defin-itiIDrC. is replaced !Jy t nefol owmg : "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. 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 Liberty Mutual Insurance CA 88 10 0113 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410B (Ed. 9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS W1:;; hav1:;; the ri~ht tu rei_;uver uur µaym1:;;nts frum anyun1:;; lial.Jle fur an injury i_;uvered I.Jy this µuliGy. We will nut enfuri_;1:;; our right against the person or organization named in the Schedule . (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule . BLANKET WAIVER Person/Organization Job Description All CA Operations SCHEDULE Blanket Waiver -Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Waiver Premium 2887.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwis e stated . (The Information below is required only when this endorsement is issued subsequent to preparation of the policy .) Endorsement Effective 06/0·l/2016 Insured Insurance Company WC 9904108 (Ed . 9-14) Cypress Insurance Company Policy No . SPWC711495 Endorsement No . Premium$ Countersigned by _______________ _