Loading...
18-006 Done Right, Inc., Creekside Park Building Roof ReplacementCITY OF El CUPERTINO 1. PARTIES PUBLIC WORKS CONTRACT . $45,000 OR LESS po -we g --u-z.,, This public works contract ("Contract") is made and entered into on December 18 , 2011 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Done Right , Inc . , a corporation [ corporation, partnership, limited liability company, and sole proprietorship/individuaij ("Contractor") for Creekside Park Building Roof Replacement [identify project, work] ("Project"). 2. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on _M_a_rc_h _31_. 2_0_1a ____ _ ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 200 .00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $19,ooo .oo ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials, equipment and Public Works Project ·creekside Park Building Roof Replacement Public Works Contract $45,000 !Rev. Nov 3, 2017 Page I of 10 any incidental costs incurred. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law, and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s): C-39 , which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation oflaw or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors and permitted assigns Public Works Project Creekside Park B~ilding Roof Replacement Public Works Contract $45,000 /Rev. Nov 3, 2017 Page 2 of IO 8. PUBLICITY / SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews , public service announcements and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces , except that Contractor may hire qualified subcontractors to perform up to 30 % of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor 's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor 's Work or hire a new subcontractor that is acceptable to City . A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10 . RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed, the number of workers , the hours , the ~quipment, the weather conditions, and any circumstances affecting performance . City will have ownership of the reports, but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HV AC systems ; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work , in accordance with generally accepted accounting principles, which must be available for City review and audit , kept separate from other records , and maintained for four years from the date of City 's final payment. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law , and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend , and hold harmless City, its City Council , boards and commissions, officers, officials , employees, agents , servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, stop notices , actions , causes of action , demands , Public Works Project Creekside Park Building Roof Replacement Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 3 of 10 charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance at Contractor's expense, deducting the costs from Contractor's compensation, or terminating the Contract. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and Control Act Public Works Project Creekside Park Building Roof Replacement Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 4 of 10 13.2 Labor Laws. (a) Contracts of $1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i) Prevailing wage laws under Labor Code Section 1775, which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification, or type of worker needed to perform the Work, including health, pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR; (ii) Apprenticeship requirements under Labor Code Section 1777 .5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812, and electronically submit them to the Labor Commissioner as required by the regulations of California, Department of Industrial Relations ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of $ 200.00 per worker for each day of violation. (c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents warrant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in section Public Works Project Creekside Park Building Roof Replacement Public Works Contract $45 ,000 /Rev. Nov 3, 2017 Page 5 of 10 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments , requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of$25 ,000 or more, Contractor must obtain a payment bond and a performance bond , each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M . Best Company of Class A-or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor 's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCIDNG AND EXCAVATION 15.1 Contractor must call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City 's Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work , notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. ( a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and ( c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in depth , Contractor must submit a detailed plan for City approval , per Labor Code Section 6705 prior to commencing work. The plan must show the design of shoring, bracing, sloping and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. Public Works Project Creekside Park Building Roof Replacement Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 6 of 10 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; ( c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water off site in lawful manner; (d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; ( e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines. 17. PROJECT COORDINATION City Project Manager. City assigns Ken Tanase as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns _G_1e_nn_L_e_nk_er _____ _ as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. Public Works Project Creekside Park Building Roof Replacement Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 7 of IO 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing, the time spent in closing out the Work will be compensated up to I 0% of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay, abridge or bar City's right under this Section. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104 , incorporated here by reference , apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute . Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration , the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEYFEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal , or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs. 21. SIGNS /ADVERTISEMENT No signs may be displayed on or about City's property, except signage which is required by law or by the Contract, without City's prior written approval as to size, design and location . 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach . Public Works Project Creekside Park Building Roof Replacement Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 8 of 10 26. WARRANTY Contractor warrants that materials and equipment used will be new , of good quality , and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials and equipment should pass to City free of claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City's acceptance of the Work as complete ("Warranty Period"), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28. SEVERABILITY IP ARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal , invalid or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties, indemnities, payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions, titles , and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. Public Works Project Creekside Park Building Roof Replacement Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 9 o f 10 20. NOTICES All notices, requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail , postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: 10300 Torre Avenue, Cupertino CA 95014 Attention: Ken Tanase -------------Copy to: Jonathen Ferrante Email: kent@cupertino.org 30. VALIDITY OF CONTRACT To Contractor: Done Right, Inc. Attention: Glenn Lenker -------------Copy to: ____________ _ Email: info@donerightroofing.com This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office. 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation , signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313 . IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Done Right. Inc . , CITY OF CUPERTINO, -----------· ~y~or. ·n · idual, etc.} ~-~~oo~rrrp~;~r=at=io=n=---------- am ~ Glt!!-A1/JLr:-1v \(J... Y·~ Title: Project Manager t ~ Title: Director of P 2bt!f Works Signature Date: J J_a!!// i Signature Date: ~I '2-_1+-9--'~1~------ APPROVED AS TO FORM: .By: ~ W RANDOLPH STEVENSON HOM Cupertino City Attorney ATTE ~ By: ~iw /---((-( f GRACE SCHMIDT, City Clerk Public Works Project ·Creekside Park Building Roof Replacement Page 10 of JO Public Works Contract $45,000 /Rev. Nov 3, 2017 EXH I B !T 11 A11 PROPOSAL CUSTOMER ADDRESS City of Cupertino 10555 Mary Avenue Cupertino Ca 95014 ..-1-.---,,, C I DATE 9/12/2017 JOB LOCATION 10455 Miller Avenue CONTACT NAME WORK PHONE# HOME PHONE# CELL PHONE# Issac 916 802-0331 DESCRIPTION TOTAL NO . 7307 Creekside park: 19,000.00 Open beam area approximately 500 feet. Remove roofing around area for tie in. Install roof sheeting across open area . Install roofing over area will not match will need to fade for about one year to get a true match. Install soft underneath siding and I x2 trim. Labor and Material$19000. If you want us to paint siding and lx2 trim before installing it is $1000 city supplies paint. Sales Tax 0.00 Lie. #774962 B-1 C-39 C-4 3 Proposal expires in 30 days from date above. Thank you. TOTAL $19 ,000.00 EXHIBIT B -INSURANCE REQUIREMENTS A. Required Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in Exhibit A: (l) Commercial General Liability ("CGL ') Insurance : The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor's or its subcontractor's acts or omissions in the performance of the Work, including contractor's protected coverage, blanket contractual, completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence and $4,000,000 in the aggregate. The CGL policy must protect against any and all liability for personal injury, death, or property damage or destruction arising directly or indirectly in the performance of the Contract. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Contract. a. It will be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits will be made available to the Additional Insured and will be (1) the minimum coverage and limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy, whichever is greater. b. The Additional Insured coverage under the Contractor's policy will be "primary and non-contributory" and will not seek contribution from the City's insurance or self-insurance and will be at least as broad as CG 20 0 I 04 12. c. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance will contain or be endorsed to contain a provision that such coverage will also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City's own insurance or self-insurance will be called upon to protect it as a named insured. Contractor will maintain insurance as required by this contract to the fullest amount allowed by law and will maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by the contractor. (2) Comprehensive Automobile Liability Insurance: The automobile liability policy must be issued on an occurrence basis, with limits of at least $1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage, or combined single limit of $1 ,000,000 per occurrence, covering owned, non -owned and hired automobiles. (3) Workers' Compensation Insurance and Employer's Liability Insurance: The workers ' compensation and employer's liability policy or policies must comply with the requirements of the California Workers' Compensation Insurance and Safety Act, providing coverage of at least $1,000,000 or as otherwise required by the statute. 1f Contractor is self- insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DfR. B. Builder's Risk Insurance. Contractor must provide builder's risk insurance only if the box below is checked. D Builder's Risk coverage is required for this Contact. The builder's risk policy must be issued for course of construction on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City, and name the City as a loss payee as its interest may appear. If the Project does not involve new or major reconstruction, the City may elect, acting in its sole discretion, to accept an installation floater policy instead of builder's risk. The installation floater policy must provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired , broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site. C. Additional Insureds. City, including its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers, must be named as additional insureds under Contractor's insurance policies required under this section, except under the worker's compensation policy. The naming of an additional insured will not affect any recovery to which the additional insured would be entitled to under the policy if not named as an additional insured. An additional insured will not be held liable for any premium , deductible portion of any loss, or expense of any nature under the policy or any extension thereof. Any other insurance held by an additional insured will not be required to contribute anything toward any loss or expense covered by Contractor's insurance. D. Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. E. Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. F. Required Endorsements. The CGL policy, the automobile liability policy and the builder's risk or installation floater policy, ifrequired , must include the following endorsements: (1) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (2) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss. (3) This policy does not exclude explosion, collapse, underground excavation hazard , or removal of lateral support. G. Forms of Certificates of Insurance and Endorsements. Each certificate of insurance and endorsement must provide the name and policy number of each carrier and policy , using a form and format acceptable to City. H. Subcontractors. Contractor must ensure that each subcontractor maintains the same insurance coverage required under this section with respect to its performance of Work on the Project , including those requirements related to the naming of additional insureds and waivers of subrogation. END OF EXHIBfT B l ACORD®! CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DD/YYYY) 12/04/17 I. .-/' THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY ANO 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 REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, 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 vVr<ll\\,I NAME : FRANK VITALE INSURANCE AGENCY {~~ Extl: (831) 462-9222 --·--,i~.No):(831) 462-9299 4067 Cory St Soquel, CA 95073 Aoo~~ss:Fvi tale99@gmail. corn ·-.--;, INSURERIS I AFFORO ING.-~E.~RAGE NAIC# -· INSURER A : PREFERRED CONTRACTORS INS co 12497 --·--·--STATE COMPENSATION INS co 35076 IN SURED DONE RIGHT, INC INSURER B: ... ·--·-·-·-· Contact: Glenn Lenker INSURER C : .. 1129 LONGFELLOW AVE INSURER D : .. CAMPBELL, CA 95008 INSURER E : ·-·-··-------····-· INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -AUDL ~VD~ ---· (r,\~~) ---- LTR TYPE OF INSURANCE INSn WVD POLICY NUMBER ·<M~'fit>~, LIMITS X COMMERC IAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,()00 -=i CLAIMS-MADE CR:I OCCUR -D7''Mi\'GEICYRENTED PREM ISES /Ea occurrencal $ 50-1 000 >- PC224711 4/15/2017 4/15/2018 MED EXP (Any one person) $ 5,000 -~----· 2 ,-600' 000 A y PERSONAL & ADV INJURY $ -· ·--· - GEN 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 :K/ POLICY [] mg: []Loe .. PRODUCTS • COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY ,-- --···-···--ilN(.;Lt: LIMI 1 !['! acciden t $ ANYAUTO BODILY INJURY (Per pe<son) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODIL y INJURY (Per accident) $ -HIRED -NON-OWNED 1'5lffil>tlffft5AMAGE _____ ---- AUTOS ONLY AUTOS ONLY iPer accident) $ -- $ UMBRELLA LIAB ·/ OCCUR EACH OCCURRENCE $ --EXCESS LIAB CLAIMS-MADE AGGREGATE $ -- OED I I RETENTION$ $ WORKERS COMPENSATION XI STATUTE I I E'Rn· AND EMPLOYERS' LIABILITY Y/1'1 3002353-17 1/1/2017 1/1/2018 ANY PROPRIETOR/PARTN ER/EXECUTIVE D E.L. EACH ACCIDENT $ 1,000,000 B OFFICERJMEM8ER EXCLUDEO? NIA ·- (Mandato,v In NH! _E.L. DISEASE • EA EMPLOYEE $ 1,000,000 g~i~~~fr~~ 'g1$e6PERAT IONS below E.L. DISEASE • POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 , Addillonal Remarks Sched ule , may be atlached if more space is required) PER CO 11A" BLANKET ADDITIONAL INSURED, 10 07 ATTACHED, THE CITY OF CUPERTINO, INCLUDING ITS CITY COUNCIL, BOARDS AND CONSULTANTS AND VOLUNTEERS." CERTIFICATE HOLDER CITY OF CUPERTINO 10555 MARY AVE CUPERTINO CA, 95014- ATTN: kent@cupertino.org (408) 777 -3399 PRIMARY/NON-CONTRIBUTORY ENDORSEMENT PCIC 24 79 IS NAMED AS ADDITIONAL INSURED "CITY OF CUPERTINO, COMMISIONS, OFFICERS, OFFICIALS, AGENTS, EMPLOYEES, CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 ACORD CORPORATION . All rights reserved . ACORD25(2016/03) The ACORD name and logo are registered marks of ACORD ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/00/YYYYI ~ 12/19/2017 THIS CERTIFICATE IS ISSUED AS A MATIER 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 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 CO NTACT RICHARD A LE SC H . .t:1A~E: -----State Fa rm RICHARD ALESCH i.J.£.NJ2._E~t1 · 408-918-0877 J ft~ No l : 408-918-0879 ··--·-- (~ 164 N. BASCOM AVE STE A E-MAIL DICK.ALESCH .B8DB@ST ATEF ARM.COM _ll DOR !;S~:- I --·--·--· - SAN J OS E , CA 95 12 8 INSURER(S) AFFORDING COVERAGE _____ NAIC # 25 178 ---------------------INS URER A: State Fa_~-M~tu~I Automobile ln suranci:_~1~any INSURED INSU RE R B : - DONE R IGHT IN C INSURER C : --112 9 LONGFELL OW AVE _!.r!?URER [!: -----CAMPBE LL , CA 95008 ~R__!:_: ___ ------ INSURER F : COVERAGES CERTIFICATE NUMBER · REVISION NUMBER· THI S IS TO CERTIFY THAT THE POLICIES OF IN SURA NCE LISTED BELOW HA VE BEEN ISS UED TO THE IN SURED NAME D ABOVE FOR THE POLI CY PER IOD INDI CATED. NOTWITHSTANDING ANY REQUIREMENT , TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO \NHICH THIS CERTIFICA TE MAY BE ISSUED OR MAY PERTA IN . THE IN SURA NCE AFFORDED BY THE POLICIES DE SCR IBED HE REI N IS SUBJECT TO ALL THE TERM S, EXCLUSIONS AND CO NDITI ONS OF SUCH POLICIES. LIMIT S SHOWN MAY HAVE BEEN REDUCED BY PAID CLA IM S. 't~ r TYPE OF INSURANC ;---1~~;1~ ~::r----~~ICY NUMBER ~Jilgt~Vv1 1~27Jiivi~1 ----------------- LIM ITS l-~OMMERCIAL GENERAL LIABILITY ~ CLA IM S-MADE D OCCUR ~ ----------·----- GE N'L AGG REG ATE LIMIT APP LIES PER : 1 POLICY O 1lt8-i O LOG -, OTHER: I _A_~TO MOBILE LIABILITY ANY AUTO §- -OIM~EO A AUTOS ON LY HIRED AUTOS ONLY -SCHEDULED AUTOS V NON-OWNED £.::,_ AUTOS ON LY I UMBRELLA LIAB LJ OCC UR 1__ EXCESS LIAS _ I__J CLA IMS-MADE i OED I I RE TEN TI ON s I: WOR KERS COMPENSATION AND EMPLOYERS' LIABILITY I ANY PROPR IETOR /PAR TNER /EXE CUT IVE OFF ICER /MEMBER EXCLUDED? (M andalory in NH) I If yes . describe unde r DE SC RIPTION OF OPERA TION S below I y D35 673 0-E0 2-05R 11/02/20 17 EACH OCCURRENCE '"oA MAGETORE=N~T~EO~---r--------1 PREMISES !Ea occurrcnce1 S ~~~~~~~~~~-+--------·-- ! MEO EXP(~ one personj S r;;;;~~~A~ & ADV INJURY S I ::=~~;~::~--~-Tp_E_ A-G-G-+1-: ________ _ 05 /02 /2018 1 COMB INED SIN GLE LIMIT S 1 000 000 IEa acc1de nn ______ -+----' __ . ____ _ BOOJL Y INJURY (Per person) I S f--------------+------··----1 BOO IL Y INJURY (Per accide nt) S PROPERTY DA MAGE-----5 {Per acc,denl) -· ----+-------- EACH OCCUR REN CE S -+------------ _A __ G __ G,_R_E_G_AT_E ______ ,_s __________ _ s I I f:'§R I I OERTri-~ATUTE _ ------- E.L. EACH ACC IDENT ---+------------- EL. DISEASE -EA EMPLOYEE S E.L. DISE AS E -POLICY LIMIT S DESCRIPTION OF OPERATIONS/ LO CATION S I VEHICLES {ACORD 101 , Additional Rema ,k s Sch edul e, m ay be attache d If more space is req uired) ADD ITI ONAL INSURED: CITY OF C UPERTINO INCLUDING IT S CITY CO UNCIL. BOARDS A ND COMMISSIONS , O FFI CERS, OFFICIALS , AGENTS, EMPLOYEES, CONS ULTANT S AND VOLUNTEERS THIS IN SURA NCE IS PRIMARY A ND NON CO NTRIBUTO RY WITH RESPEC TS TO C LA IM S AR ISIN G OUT OF THE OPERATION OF THE DESCRIBED VE HI CLES. CERTIFICATE HOLDER C ITY OF C UPERTIN O 10555 MARY AVE C UPERTINO, CA 950 14 ATTN : KENT@CUPERTINO.ORG CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION E THEREOF , NOTICE WILL BE DELIVERED IN AC COR 1TH TH PO RO';.C!SIONS. ACORD 25 (2016/03) Th e ACORD name and logo are registered marks of ACORD 100 1486 132849.12 03-16 -2016 m[l·········,·····.·o······· (I ..... _· . . . '. . . . ' . . . . . : ..... ·:··... . •·" ... _.:.·. '. .· ENDORSEMENT TO POLICY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREFERRED CONTRACTORS INSURANCE COMPANY RISK RETENTION GROUP, LLC COMMERCIAL GENERAL LIABILITY POLICY ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION INCLUDING PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person(s) or Organization(s); Location(s) of cove1·cd operations; Additional lnsured(s) Address: Certificate Holder -As Required by Written Contract All Projects and Locations (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section Il • Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by: I. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf In the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B . With respect to the insurance afforded to these additional insureds, the following exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: (l) 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 engaged in performing operations for a principal as part of the same project. C. The insurance afforded by the policy to the Additional Insured's) listed in the Schedule for the described location(s) is primary insurance. Any other insurance or self-insurance maintained by the Additional Insured(s) is excess of this insurance and shall not contribute to it. Except as set forth above, all of the terms, conditions and exclusions of this policy apply and remain in effect. Policy No.:PC224711 Date: 10/20/2017 Time: 12:01 a.m. V 0912 Preferred Contractors Insurance Company Risk Retention Group, LLC 27 North 27th Street, Suite 1900 Billings, Montana 59101 By: jlJ,:1~· ~ Authorize&.presentative END PCIC 24 79 10 07-1 of 1 V) V) 0 c-:, 0 w c C'"l r-- "' V) C'"l Cl ...: __gM ~<... 30 z - ~ :.: o.) 0..C 1V) f-.. w ..J ::a::: 0 0 co >-u :s 0 Q. IX =i 0 >- ~ ::t: u ~ ~ w rJ] < w ..J Q. 60 30 G F BU S IN ESS NAM ED INS URE D This endorsement is a part of the policy. Because of the type of named insured sh own on the Declarations Page of this policy and the changes made below, all references to resident rela - tives and non-owned cars in the policy are deleted. Except for the ch anges this endorsement makes , all other provisions of the policy rem a in the same and apply t o thi s endorsement. 1. DEFINITIONS You o r Your is changed to read: fou or four means the named insured or named insureds shown on the Decla- rations Page. 2 . LIABILITY COVERAGE a . Additional Definition Insured is changed to read: Insured means : 1. you for: a. the ownership , maintenance, or use of: (1 ) your car; (2) a newly acquired car; or (3) a trail.er; and b. the maintenance or use of a temporary substitute car, 2. any person for hi s o r her use of: a. your car; b. a newly acquired car; c . a temporary substitute car; or d . a trailer while atta ched to a car described in a., b., or c. above . Such vehicle must be used with your permis si o n, express or implied, and w ithin the scope of th at permiss ion ; and P age 1 of3 3. any other person or organization vicariously liable for the usc of a vehicle by an insured as defined in 1. or 2. above , but only for such vicarious li ability. This provision applies only if the ve- hicle is: a . neither owned by , nor hired by, that other person or or- ganizat ion; and b. neither avai lable for. nor being u sed for, carrying persons for a charge . Insured doe s not include the United States of America or any of its agencies . b. Exclusions (l ) E xclu s ion 5. is changed to read: FOR BODILY INJURY TO THAT INSURED'S FELLOW EMPLOYEE WHIT.,E THE FELLOW EMPLOYEE IS l}J THE COURSE AND SCOPE OF HIS OR HER EMPLOY- :MENT; (2) Exclu sion 7. is changed to read: WHILE M.Al}JT.Al}Jl}JG OR U SING A VEHICLE l}J CONNECTION WITH THAT INSURED 'S EMPLOYMENT IN OR ENGAGEMENT OF ANY KIND l}J A CAR BUSI- NESS . Thi s exclusion does not a ppl y lo: a. you ; or 6030GF ©, Copyright , State Farm Mutual Autom ob il e In surance Company, 2015 B ~ isoo-~oz:o n-S-.J..S b. any of your age nts , em-3. MEDICAL PAYMENTS COVERAGE ployees, or bu siness part-a. Addition al Definitions ners while maintaining or usi ng your car, a newly acquired car , a temporary substitute car , or a trailer owned by you ; (3) T he following exclusion is added: THERE IS NO COVERAGE FOR AN INSURED FOR DAMAGES RESULTl}JG FROM: 1. THE HANDLING OF PROPERTY BEFORE IT b . IS MOVED FROM THE PLACE WHERE IT lS ACCEPTED BY THE IN- SURED FOR MOVE- 1\1:ENT l}JTO OR ONTO A VEHICLE FOR WBICH THE INSURED IS PRO- VIDED LIABILITY COV- ER.AGE BY n-ns POLICY; 2. THE HANDLING OF PROPERTY AFTER IT IS MOVED FROM THE VEHICLE DESCRIBED l}J 1 . ABOVE TO THE PLACE WHERE IT IS FI- NALLY DELIVERED BY THE IN SURED; OR 3. THE MOVE1\1ENT OF PROP ERTY BY MEANS OF A MECHANICAL DEVlCE, OTHER THAN A HAND TRUCK, THAT IS NOT ATTACHED TO THE VEHICLE D E - SCRIBED IN 1. ABOVE . Page 2 of3 Insured is changed to read : Insured mean s any person while occupying: l . your car; 2 . a new()' acquired car; 3. a temporary substitute ca r; or 4 . a trail.er while attached to a car described in 1., 2., or 3. above. Such vehicle must be used wi thin the sco pe of your consent. Exclusions ( 1) Exclusion 1. is deleted . (2) Exclusion 4. is changed to re ad : THERE IS NO COVERAGE FOR AN IN S URED WHO IS OCCUPYI.NG A VEHICLE WlfilE IT IS : a. MADE.AVAILABLE; OR b. BEl}JG USED TO CARRY PERSON S FOR A CHARGE; (3) Exclu sion 5. is cha nged to re ad: WlfilE M.Al}JTAJNING OR USl}JG A VEHICLE l}J CONNECTION WITH THAT INS URED 'S EMPLOYMENT IN OR ENGAGEMENT OF ANY KIND IN A CA R B USI- N ESS . This exclusion does not apply to any of your : a. agents; b . empl oyees; or c . business partners wh il e mainta in ing or usin g your car, a n.ewly acquired car, a 6030GF ©, Copyr ight, State Farm Mutual Auto mob ile ln ,urance Com pa ny, 20 15 Ei w C/) .,.., 0 N 0 CJ..l 0 ("") t- -D .,.., ("") Cl ;..: 0) ..Q § z G' 0 0.. E- t.;l ..J ::t 0 0 c:i >-u :s 0 Q., c::: ~ 0 >- ~ :i: u ~ ~ 1-J er:, -< 1-J ..J Q., cemporary subsrirute car , or a trailer mmed by you ; ( 4) Excl us ions 7. and 9. are de leted . 4 . UNINSURED MOTOR VEIIlCLE COV- ERAGE a. Additional Definitions Insured is changed to read: Insured means: 1. any person while occupying: a. your car; b. a newly acquired car ; or c. a Temporary substitute car. Such vehicle mu st be used within the sco pe of your con- sent. Such person occupying a public or livery conveya nce is not an insured; and 2. you or any person entitled to re- cover compensatoiy damage s as a re sult of bodily injury to an insured defined in item 1. above. b. Exclusions Exclusion 2. is deleted . 5. PHYSICAL DAMAGE COVERAGES Additional Definitions a. Covered Vehicle is changed to read : Covered Vehicle m ea ns : l . your car; 2 . a newly acquired car ; 3. a temporary substirute car; an d 4 . a camper that is designed to be mounted on a pickup truck and is shown on the Declarations Page; including its parts and its e quip- ment that are common to the u se of the vehic le as a vehicl e . However , pa rts and equipment of campers must be securely fi x ed as a perma- m:nt part of the camper. b. Insured is changed to read: Insured means you. Page 3 of3 ©, Co pyright, State Farm Mutual Aut om obile In surance Company, 2015 6030GF 6126MD EXCESS COVERAGE FOR PERSONAL VEHICLE SHARING This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the po licy remain the same and apply to this endorsement. 1 . LIABILITY COVERAGE 2 . MEDICAL PAYMENTS COVERAGE a . Exclusions a. Exclusions Exclu sion 15. is replaced by the following: THERE IS NO COVERAGE FOR AN IN SURED FOR THE OWN- ERSHIP, MAINTENANCE, OR USE OF YOURCARORANEWLY A CQUIRED CAR WHILE USED ThT PERSONAL l'EHICLE SHARING. This exc lu sion does not app ly to you and resident rela- tives w hen, and only if, the full amount of all avail able limits of a ll other li a bility bonds, policies , and self-i nsurance pl an s that a pply have been used up by payment of judg- ments or settlements, or have been offered in writing. b. If Other Liability CoYerage Applies T he first paragraph of item 2 . is changed to read: The L ia bility Coverage provided by this policy applies as primaiy cov- erage for the ownership, mainte- nance, or use of your car or a trailer attached to it , except while your car or a trailer attached to it is used in personal vehicle sharing. The Liability Coverage provided by this policy a pplies as excess cover- age for the ownership, mainte- nance, or use of your car or a trailer attached to it while your car or a trailer attached to it is used in personal vehicle sharing. Paue 1 of3 (1) Exclu sion 3. is replaced by the fol- lowin g: THERE JS NO COVERAGE FOR AN IN SURED WHO TS OCCUPYING A VEHICLE WHILE IT IS RENTED OR LEASED TO OTHERS BY AN IN SURED . This exclusion does not apply to you an d resi- dent relatives while occupying your car or a newly acquired car while u sed in personal vehicle sharing when , and only if , the full amount of all availa - ble limits of al l other sources of medi ca l payments coverage or simil ar vehi c le insurance that appl y have been paid . (2) Exclusion 15. is replaced by the fo llowing: THERE IS NO COVERAGE FOR AN I NSURED WHO IS OCCUPI1NG YOUR C4R OR A NEWLY ACOUlRED C4R WHILE USED -Th! PERSON- A L VEHICLE SH4RJNG This exclusion does not a p ply to you and resident relatives w hen. and only if, the full amou11t of a ll available limits of all other so urces of medi ca l payments coverage or similar vehicle in su ra nce that app ly have been pai d . 6 126MD ©, Copyright, State Farm Mutual Aut omobile Insurance Company , 2013 ..., 0 N N ~ ..., ~ 0 V) V) 9 ~ ll.) 6 M r-- \0 V) M Cl Q)N ..0 :=<.... 30 ZN G'., ~_g Q..,V) t""' w ..J ~ 0 0 CQ >-::2 ..J 0 Q.. c:::: =i 0 >- 0 t""' :r: u ~ t""' < w rr., < w ..J Q.. b. If Other Medical Payments Coverage or Similar Veh icle Insurance Appl ies The first paragraph of item 3. 1s changed to read: The Medical Payments Coverage provided by this policy applie s as primary coverage for an insured who su stain s bodily inju,y while occupying your car or a trailer attached to it , except while your car or a trailer attached to it is used in personal vehicle sharing. The Medical Payments Coverage provided by this policy applies as excess coverage for you and resident rela- tives who sustain bodily injury while occupying your car or a trailer attached to it while your car or a trailer attached to it is used in personal vehicle sharing. 3. UNINSURED COVERAGE a. Exclusions MOTOR VEHICLE E xclusion 6. is replaced by the following : THERE IS NO COVERAGE FOR AN INSURED \\IHO IS OCCU- PHN G l'OUR C4R OR A NEW- LY ACQUIRED C4R WHILE USED IN PERSONAL VEHICLE SHARING. This exclusion does not a pply to you and resident rela- tives when , and only if, the full amount of all available limits of all other sources of uninsured motor vehicle coverage that apply have been pa id. b. If Other Uninsured Motor Vehicle Coverage Applies The first paragraph of item 2. is changed to read: The Uninsured Motor Vehicle Cov- erage provided by thi s po licy ap- plies as primary coverage for an insured who sustains bodily injury while occupying your car, except wh ile your car is used in personal vehicle sharing. The Uninsured Motor Vehicle Coverage provided by this policy applies as excess coverage for you and resident rela- tives who sustain bodily injury whi le occupying your car while your car is used in personal vehi- cle sharing. 4 . PHYSICAL DAMAGE COVERAGES a. Exclusions (I ) E xclu sion 2 . is replaced by the fol - lowing: THERE IS NO COVERAGE FOR ANY COVERED J1EHI- CLE WHILE IT IS RENTED OR LEASED TO OTHERS BY AN INSURED. This exclusion does not apply to your car or a newly acquired car while used in personal vehicle sharing when, and only if, the full amount of all available limits of all other sources of physical damage coverage or similar coverage that apply have been pa id. (2) Exclu sion 20 . is replaced by the following: THERE JS NO COVERAGE FOR YOUR C4R OR A NEW- LY ACQUIRED CAR WHILE USED IN PERSONA L VEHI- CLE SHARING. Thi s exclu- sion does not apply when, and only if, the full amount of a ll available limits of all other sources of ph ysica l damage Page 2 of3 ©, C o pyright, State Fann Mutual Aut o m obil e Insurance C ompany, 2013 6 126MD fEf ~ zsoo-coco n·S-.lS coverage or similar coverage that apply have been paid . b. If Other Physical Damage Coverage or Similar Coverage Applies The first paragraph of item 3. 1s changed to read: The physical damage coverages provided by this policy appl y as primary co verage for a loss to your car , except w hile your car is used in personal vehicle sharing. The ph ysical damage coverages provid - ed by thi s policy apply as excess coverage for a loss to your car while it is used in personal vehicle sharing. Pa2e 3 of3 ©, Copyright, Stat e Farm MutuaJ Automobile In surance Compa ny , 201 3 6 126MD Ei w V! .,., 0 N 0 L!..l 6 ("') r- \C) .,., ("') Cl ki .0 ;::: 5 z >. -~ ~ f,- ,;J ..J ~ 0 0 CQ >-u J 0 Q.. i::::: ;:;:i 0 >- 0 f,- ::i: u ~ ~ "'" if) <I'. "'" ..J Q.. 6289DW SINGLE LIMIT LIABILITY COVERAGE Thi s endorsement is a part of the policy. Except for the changes this endorsement makes , all other provisions o f the policy remain the same and apply to this endorsement. LIABILITY COVERAGE 4. This Liability Coverage limit is the The Limits provision is replaced by the follow-most we will pa y regardless of the . number of: mg : Limit l. The Liability Coverage limit is shown on the Declarations Page under "Liabil- ity Coverage -Limit --Each Accident". 2 . The limit sho w n is the most we will pay for all damages resulting from any one accident. 3 . This Liab ility Coverage limit shall be reduced by payments for bodily injury damages made to or for the insured un- der the Uninsured Motor Vehicle Cov- erage of this policy. Pagel of l a. insureds ; b. claims made ; c. vehicles insured ; or d. vehicles involved in the accident. 5. If the insured must provide the limits required by a motor vehicle compulsory insurance, financial responsibility, mo- tor carrier or similar law, then the limit provided by this policy \\~II be applied Regardless of such requirements , we will not pay more than the limit shown on the Declarations Page . 6289DW ©, Co pyright , St ate Farm Mutual Automobile Insurance Company, 2011