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18-197 Trip Stop Sidewalk Repair, Inc., 2018 Concrete Shaving ProjectCITY O F a PUBLIC WORKS CONTRACT WITH TRIP STOP SIDEWALK REPAIR INC. $45,000 OR LESS CUPERTI N O 1. PARTIES This public works contract ("Contract") is made and entered into on ~' f}--6, ?at g ("Effective Date ") by and between the City of Cupertino , a municipal corporation ("City"), and Trip Stop Sidewalk Repair Inc . a C alifornia corporation, ("Contractor") for 2018 Concrete Shaving Project. 2. SCOPE OF WORK Contractor will perform and provide all labor, mate1ials, equipment, supplies, transportation and any other items or work necessary to perfo1m and complete the work required for the Project ("Work "), as required in the Scope of Work, attached here and incorporated as Exhibit A , and in accordance with the terms and conditions ohhis Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on June 30, 2019 ("Contract Time ") unless terminated earlier as provided herein . Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP ") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor 's performance and completion of the Work. Contractor must have sufficient time , resources , and qual ified staff to deliver the work on time . 3.3 Liquidated damages of$ 500.00 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 th e Parties agree may be difficult to asce11ain, such as loss of public confidence in City and its contractors , interference or loss of use of public facilities , and extended dismption 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 $24 ,500.00 ("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, Public Works Project 2018 Concrete Shaving Project Public Wo rks Co ntract $4 5,000 /R ev. Nov 3 , 20 17 Page 1 of 11 describing the Work performed during the preceding month, it emizing labor, m aterials , equipment and any incidental costs incurred . Contractor will be paid 95 % of th e 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 perfonning 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 wairnnts on behalf of itself and its subcontractors that they are properly licensed, registered, and/or ce1tified to p erform the Work as required by law , and hav e procured a City Business License. Contractor shall possess a California Contractor 's License in good standing for the following classification(s): C-61/D06 , 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 Ta x es . Con t rac tor must pay income t ax es on the money e arne d under this Contract. Upon City's request, Contractor will pro v ide proof of pa y ment and will ind e mnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in w1iting 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 suppo1ting documentation, including but not limited to plans/drawings , detailed cost estimates, and impacts on schedule and completion date . 7. ASSIGNMENTS; SUCCESSORS Contractor shall not as sign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or othe1wise , 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 umeasonably 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 pe1mitted assigns Public Works Project 2018 Concrete Shaving Project P u bli c Wor ks Co ntra c t $4 5,000 !Re v. Nov 3 , 201 7 Page 2 o f 11 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 aiti cles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior w1itten 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 perfonn up to 10 % 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 subcont ractor of any tier and bar a subcontractor from perfo1ming 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 th.e 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 perfo1med, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownersbip of the reports, but Contractor will be pe1mitted 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 haimless City, its City Council, boards and commissions , officers, officials, employees, agents, Public Works Project 2018 Concrete Shaving Project Public Works Contract $45,000 /R ev. Nov 3, 2017 Page 3 of 11 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, 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 wananties; (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 perfo1med on or off the Project Site; and ( d) Personal injury, property damage, or economic loss resulting from the work or perfo1mance 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 constrned 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 ofthis 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 ce1tificates 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 Contracto r's compensation , or te1minating 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 perfonning the Work, as required by the Immigration Reform and Control Act Public Works Project 2018 Concrete Shaving Project P ublic Works Contra ct $4 5,000 /R ev. No v 3, 2017 Pag e 4 of 11 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 perfo1m 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 ce1iified 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 $ 25.00 per worker for each day of violation. (c) As required by Labor Code Section 1861, by signing this Contract Contractor ce1iifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers ' compensation or to unde1iake 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 ofa City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents wanant they are not employees of City or have any relationship with City officials, officers or Public Works Project 2018 Concrete Shaving Project Public Works Contra ct $45,000 /R ev. No v 3, 201 7 Page 5 of 11 employees that creates a conflict of interest . Contractor may be required to file a conflict of interest form if it makes ce1tain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rnles governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constih1tes 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 perfo1mance bond, each in the penal sum of 100% of the Contract Price, using the Bond Fo1ms 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 othe1wise 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, TRENCHING 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 instrnctions 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 infonnation 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 Public Works Project 2018 Concrete Shaving Project Public Works Contract $45 ,000 !R ev. Nov 3, 2017 Page 6 of 11 for worker protection from caving ground and other hazards. The protective system must comply with all Constmction Safety Orders . If the plan varies from shoring system standards , it must be prepared by a registered civil or stmctural engineer. 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 conh·ol , 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 stonn drains . Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of sto1m 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 constmction. During the annual rainy season, October 15 through June 15, stonn drain inlets impacted by constmction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slmTy 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 sto1m 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 leak s , drip s, and othe r spills as they occur. 16.2 These requirements must be used in conjunction with the California Stmmwater Quality Association and California Best Management Practices Municipal and Constmction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stmmwater 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 Jo Anne Johnson 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 Alex Bolghand 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 2018 Concrete Shaving Project Public Works C ontract $45 ,000 /R ev. No v 3, 201 7 P age 7 of 11 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or paiis therefor at any time. Contractor will be compensated for satisfactory Work perfo1med 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 10% of the total time expended in perfo1ming the Work. 18.2 City may tenninate the Contract for cause or without cause at any time . Contractor will be paid for satisfactory Work rendered through the te1mination 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 .Comi 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 suppo1ied by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action , files a compl aint or cross -complaint, or pursues arbitration, appe al, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing paiiy 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 paiiy beneficiaries of this Contract. Public Works Project 2018 Concrete Shaving Project Public Wo rks Contra c t $45 ,000 /R e v. Nov 3, 2017 Page 8 of 11 23. WAIVER Neither acceptance of the Work no r payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor wainnts 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 m ate1i al 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 d efects or materials, including damage that arises from Contractor's WaITanty 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 te1m 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 CompleJion of Project, including without limitation all wan-anties , 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 inse1ied in this Contract will be deemed to be included and will be infeITed 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 constmction or interpretation of the Contract or for any other purpose. Public Works Project 2018 Concrete Shaving Project Public Wo rks Co nt ract $45,000 /R ev. Nov 3, 2017 Pag e 9 of 11 31. COUNTERPARTS This Contract may be executed in counterpat1s, each of which is an original and all of which taken together shall form one single document. 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 TolTe Avenue, Cupertino CA 95014 Attention: Jo Anne Johnson Email: joannej @ cuperitno .org 30. VALIDITY OF CONTRACT To Contractor: Trip Stop Sidewalk Repair Inc. 1424 East 34rd Ave, San Mateo CA 94401 Attention: Alex Bolghand Email: Alex @ tripstoppers.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 belo w wa1Tant they hav e the authority to enter into this Contract and to legally bind their respective Pa11ies. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Project 2018 Concrete Shaving Project Public Wo rks Contra ct $45 ,000 /R ev. No v 3, 201 7 Page 10 of 11 IN WITNESS WHEREOF, the parties have caused this Contract to be exec uted as of the Execution Date first above wTitten. CONTRACTOR By: 1/J)-V/ lt{U f!>"ljvo.1/\~ Title: L, G::() Signature Date: g;::-( S: .,. t ~ By: GRACESCHMIDT City Clerk Contract Amount: Contract No.: /0 . 'J ·/J CITY OF CUPERTINO, a Municipal Corporation By:~~~~---............... -~ Title: Director of Public Works Signature Date: __ 1_·-'-Jis~,,..._-_1_? _____ _ RECEIVED U~ I O 1 2018 ; ll) · Y5. ~,1D foo) ~~ p ·1,9 J,tJ1 q -:?,o °' Public Worl<S Project 2018 Concrete Shaving Project Public Works Contract 545 ,000 !Rev. iVov 3, 2017 Page 11 of 11 SCOPE OF SERVICES CONCRETE SHAVING EXHIBIT A The City of Cupertino is requesting costs proposals for concrete shaving services to supplement the City's Sidewalk Repair Program at locations throughout the City. The Project Manager will provide locations throughout the City with varying service needs, lengths and heights . See Attachment A for initial locations list . As each phase is completed the Project Manager and contractor w i ll compile additional locations as needed for shaving. The scope of services shall include, but is not limited to work similar to that presented below. 1) The contractor will provide all labor and equipment to shave concrete off-sets that are between 3/8" and 1". Any sidewalk less than 2" thick shall not be considered for shaving. 2) All concrete locations shall be ground or shaved so as to provide a smooth transition between concrete slabs. The shaved areas shall be uniform, smooth, contain minimal grooving and be straight at the backline with little or no scarring of the adjacent concrete . ADA requirements of 8 :1 slope will be provided in addition to a non-slip finish . 3) Contractor will provide concrete dust control by use of high efficiency vacuum attachment secured to the port of the grinding or shaving machine . 4) Locations to be shaved will be provided by the Project Manager as needed. Contractor shall not shave any locations without prior approval from Project Manager. 5) Existing temporary asphalt ramps shall be removed at no extra cha rge and disposed of by Contractor Personnel All shaving residue shall be collected, removed and disposed of by Contractor at no additional charge. Adherence to all clean water regulations is required . Work shall be paid per inch foot not to exceed $24,500.00. An inch foot is calculated by measuring the average height of the sidewalk off-set and multiplying the average height by the length of the cut . Example : A 4-foot wide sidewalk that has a 1 inch rise on one side and tapers to a half inch rise on the other is calculated as follows : 1+.5 X 4 = 3 inch feet 2 CITY OF CUOERTINO SIDEWALK CUT LIST NUMBER 854 10571 10599 10627 10655 10195 10221 10231 10251 10290 20619 20638 20699 837 853 877 889 891 905 941 967 973 981 10441 10537 10299 10339 698 716 720 736 743 822 853 854 855 860 861 868 868 873 874 879 883 ATIACHMENT A STREET ZONE S STELLING RD 2 N STELLING RD 2 N STELLING RD 2 N STELLING RD 2 N STELLING RD 2 WESTERN DR 16 WESTERN DR 16 WESTERN DR 16 WESTERN DR 16 WESTACRES DR 16 SHELLY DR 16 SHELLY DR 16 SHELLY DR 16 MILLER AVE 19 MILLER AVE 19 MILLER AVE 19 MILLER AVE 19 MILLER AVE 19 MILLER AVE 19 MILLER AVE 19 MILLER AVE 19 MILLER AVE 19 MILLER AVE 19 MILLER AVE 19 MILLER AVE 19 MILLER AVE 20 GREENWOOD CT 20 MILLER AVE 21 MILLER AVE 21 STENDAHL LN 21 MILLER AVE 21 STENDHAL LN 21 MILLER AVE 21 FERNGROVE 21 BROOKG ROVE LN 21 BROOKG ROVE LN 21 BROOKG ROVE LN 21 BROOKGROVE LN 21 BROOKGROVE LN 21 MILLER AVE 21 FERN GROVE 21 BROOKGROVE LN 21 BROOKGROVE LN 21 BROOKGROVE LN 21 884 MILLER AVE 21 888 BROOKGROVE LN 21 889 BROOKGROVE LN 21 894 BROOKGROVE LN 21 895 BROOKGROVE LN 21 902 BROOKGROVE LN 21 908 BROOKGROVE LN 21 909 BROOKGROVE LN 21 916 BROOKGROVE LN 21 917 BROOKGROVE LN 21 921 FERNGROVE 21 922 BROOKGROVE LN 21 923 BROOKGROVE LN 21 930 BROOKGROVE LN 21 936 BROOKGROVE LN 21 937 BROOKGROVE LN 21 940 MILLER AVE 21 941 FERNGROVE 21 942 BROOKGROVELN 21 943 BROOKGROVELN 21 947 WILOWGROVE 21 948 BROOKGROVELN 21 949 BROOKGROVELN 21 6165 SHADYGROVE DR 21 6179 SHADYGROVE DR 21 6263 SHADYGROVE CT 21 10420 MILLER AVE 21 19358 GREENWOOD DR 21 19461 GREENWOOD DR 21 10275 STERN AVE 22 10278 S TANTAU AVE 22 10128 N PORTAL AVE 26 10142 N PORTAL AVE 26 10153 DENNISON 26 10184 N PORTAL AVE 26 10212 N PORTAL AVE 26 10226 DENNISON 26 10292 NORWICH 26 10300 N PORTAL AVE 26 10314 N PORTAL AVE 26 10370 N PORTAL AVE 26 10421 N PORTAL AVE 26 19791 MERRITI DR 26 10105 RANDY LN 27 10124 VISTA DR 27 10184 VISTA DR 27 10250 VISTA DR 27 SIDEWALK REPAIR Trip Hazard Removal Project Proposal City of Cupertino June 7 , 2018 Trip Stop Sidewalk Repair would like to submit a proposal for the Trip Hazard Removal Project , for your approval. Our price per inch foot is , $24.65 As part of this proposal, please find our company information and a reference list. I want to assure you that if we are awarded this project, no one will do a better job for you than we will. Our company runs on zero complaints , and our crew is specially trained on how to work with residents , homeowners, and pedestrians . If I can provide any more information for you , please feel free to reach out at any time. We look forward to working with you on this project. Best Regards , Alex Bolghand Trip Stop Sidewalk Repair Inc. (650) 863-STOP (7867) lnfo@tripstoppers.com 1424 East 3 rd Ave. San Mateo, CA 94401 www .tripstoppers .com PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects -$45,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for jive years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an _ M "occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability \ ~/I' ' arising from Contractor's or Subcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer's non-ownership liability eoverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a. It shall 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 shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then lll\'' hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily ~ I"' injury and property damage. v3_ Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. D N/A if box checked (Contractor provides written verification it has no employees). 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. 'l ,~ D N/A if box checked (Contract is not design/build). A.,\ V 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. D N/A if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts -$45,000 Version: Nov 2017 '\V6. Contractors' Pollution Legal Liability and /or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. 0 N/A if box checked (Proj ect does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above , City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials , employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses . The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered \," as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used . Primary Coverage For any claims related to this Project, Contractor's insurance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials , employees and volunteers , and shall not seek contribution from City's insurance . If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory" basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy 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. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion , to accept an Installation Floater policy instead of Builder's Risk . For such projects, the Property Installation Floater shall include improvement , remodel, modification, alteration, conversion or adjustment to existing buildings , structures, processes, machinery and equipment, and shall 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 . In s ura nce R equ iremen ts f or Constru c tion Contracts -$45 ,000 Version : No v 2017 2 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. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best's financial strength rating of "A" or better and a financial size rating of"VII" or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required . Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. Insuran ce R equirements for Construction Contracts -$45,000 Version: No v 2 017 3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 9/24/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY .THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bone, Robertson & McBride, Inc. ;.~~Nin c.n. 925-674-1000 I FAX 1255 Treat Blvd . IA/C Nol : 925-674-0188 E-MAIL Suite 100A ADDRESS: Walnut Creek CA 94597 INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A : C olonv Ins C o 39993 INSURED TRIPS-1 INSURER B : AmGuard Insurance Comoanv Trip Stop Sidewalk Repair Inc. INSURER c : Norauard Ins urance Companv 3 1470 1424 East 3rd Ave . San Mateo CA 94401 INSURER D: Westchester Surplus Ins . Co . 10172 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: 1075213563 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LI STED BELOW HAV E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE P O LI CY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE IS S UED OR MAY PERTAIN , THE IN S URAN C E AFFORDED BY THE POLI CI E S DESCRIBED HEREIN IS SUBJ E C T TO A LL THE TERMS, E XCLUSI ONS AN D CON DITIONS OF SUC H POLICI E S . LI MI TS SHOWN MAY HAVE BEEN REDUCED BY P A ID CLAI MS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN<m wvn POLICY NUMBER (MM /DD/YYYYl !MM/DD/YYYY\ LIMITS A X COMMERCIAL GENERAL LIABILITY y y 103 GL 0018719-01 V 6/28/2018 6/28/2019 V EACH OCCURRENCE $1 ,000 ,000 ,./ -:::J CLAIMS-MAD E 0 OCCUR DAMAGE TO RENTED PREMISES !Ea occurre nce\ $100,000 MED EXP (Any one pe rson) $5,000 - PERSONAL & ADV INJURY $1,000,000 - I' GEN'L AGGR EGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 J:...... ~ DPRO-D LOC PRODUCTS -COMP/OP AGG \ POLICY JECT $2,000,000 $ I OTHER: B AUTOMOBILE LIABILITY y TRAU901366 3/30/2018 3/30/2019 v' COMB INED SINGLE LIMIT $1 ,000,000 \.,.-IEa accident\ - ANY AU TO BODILY INJURY (Per person) $ --OWN ED SC HEDULED AU TOS ON LY X AU TOS BODILY IN JURY (Per accident) $ I -HIRED c--NON-OWNED PROP ERTY DAMAGE I X AUTOS ON LY X AU TOS ONLY IPer accide nt\ $ -- $ ----------... / A UMBRELLA LIAB M OCCUR XS172327 6/28/2018 6/28/20 19 .,/ EACH OCCURRENCE / • $2,000,000 ~ -\ ) X EXCESS LIAB CLA IM S-MAD E AGGREGAT E $2,000 ,000 OED I I RETEN TI ON s '\... 1...$ _/ C WORKERS COMPENSATION TR WC901047 V 3/30/2018 3/30/2019 V X I PER I I OTH - AND EMPLOYE RS ' LIABILITY STATUTE ER Y/N $1,000,000 v' ANYPROPRIETOR/PARTNER/EXECU TI VE ~ N/A E.L. EACH ACCIDENT OFF ICER/MEMBER EXC LU DED? (Mandatory in NH) E.L. DI SEAS E -EA EMPLOYEE $1,000 ,000 If yes, describe under DESCRIPTION OF OPERATI ONS below E.L. DISEASE -PO LI CY LI MI T $1,000,000 D Pollulion Liabi li ty G71146443 001 6/20/2018 6/20/2019 V Each Condition 1,000,000 V Gene ral Agg regate 2,000 ,000 V" DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101 ,Addition al Remark s Schedule, may be attached if more space is required ) General Liability & Auto Liability Blanket Additional Insured endorse ment applies . General Liability, Auto Liabil ity & Workers Compens ation Blanket Waiver of Subrogation applies . All blanket endorsements apply only when req uired p er w ritten contract or written agreement executed prior to an occurrence. Please see attached "disclosure" page . C ity of Cupertino its City Council, boards and commissions , officers , employees, and volunteers are included as additional insured with respects to general liabili ty. Per project aggregate limits applies. Waiver of subrogation applies on the General Liability and Auto Liability policies. CERTIFICATE HOLDER 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 . C ity of Cupertino 10300 Torre A ve AUTHORIZED REPRESE NTATIVE Cupertino CA 95014 r--J _ I ... ~-- © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are reg istered marks of ACORD THIS CER TIFI CATE SUPERSEDES PREVIOUSLY ISSUED CERTIFI CATE INFORMATION REGARDING THIS CERTIFICATE OF INSURANCE We have been instructed by the "First Named Insured" to issue a Certificate of Insurance only for those policy numbers listed on the reverse side of this form. This Certificate is issued "as a matter of information only" and does not supersede any Insurance Company cancellations, exclusions or limitations and is not a contract between you and any Named Insureds or Bone, Robertson & McBride, Inc. {The Certificate Holder is warned that it is not entitled to rely on the Certificate itself for insurance coverage). Please note that if listed below and unless it is indicated to the contrary on the reverse side of this form, all the following items apply to your interest (if any); 1. Certificate does not state you are an additional insured on the General Liability policy (if any).* 2. Certificate does not state you are an additional insured on the Auto Policy (if any).* 3. Certificate does not state you are an additional insured on the Property Portion of the policy (if any).* 4. Certificate does not state you are an additional insured on the Excess/Umbrella Liability policy (if any).* 5. Certificate does not state you are a loss payee on any of the mentioned policies (if any).* 6. Certificate does not state there is a waiver of Subrogation on the Workers' Compensation, General Liability, Auto, Property or Inland Marine Policy(s), or any policy, in your favor (if any).* 7 . Certificate does not state there is any primary insurance coverage and/or a separate per project aggregate amount in your favor, (if any).* 8. Cancellation for non-payment of monies due to keep any policy(s) in force shall be 10 days. 9. As respects the Workers Compensation policy (if any), the insured has a continuous option to include or exclude certain individuals for coverage. 10. Bone, Robertson & McBride, Inc., has issued this Certificate "as a matter of information only" and does not state , warrant or guarantee that any terms and conditions of the policy(s) listed on the reverse side of this form, conform to the Contract requirements between you and the named insured(s). Further, Bone , Robertson & McBride, Inc., disclaims any contractual relationship with you, including this "as a matter of information only" Certificate . You are not entitled to rely on the Certificate itself for Insurance Coverage. The Insurance Limits shown on the reverse side are only Policy Limits that were in force at the inception of such policy(s) and may have been reduced by claims and occurrences and expenses. Any such reductions have not been stated on the reverse side of this form. *IMPORTANT! If such status were to be stated on the reverse side of this form; for such potential coverage to be valid, one of the conditions requires that prior to the "Occurrence" a written Contract between the Parties must have been in effect requiring such status and for the specific task(s) to be performed and is not contrary to public policy. ln fonnation Regarding Certificate of Insurance -Revised -03-2014 COMMERCIAL AUTO BA 99 04 0416 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement , the provisions of the Coverage Form apply unless modified by the endorsement. Additional Insured When Required by Contract (1) Paragraph A.1. -WHO IS AN INSURED - of Section II -Liability Coverage is amended to add: d. When you have agreed, in a w ritten contract or written agreement, that a person or organization be added as an additional insured on your business auto policy , such person or organization is an "insured ", but only to the extent such person or organization is liable for "bodily injury" or "property damage " caused by the conduct of an "insured " under paragraphs a. orb. of Who Is An Insured with regard to the ownership , maintenance or use of a covered "au t o." The insurance afforded to any such additional insured applies only if the "bodily injury " or "property damage " occurs : (1) During the policy period, and (2) Subsequent to the execution of such wr itten contract , and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured . (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy , the most we will pay on behalf of such additional insured is th e lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations . Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section . (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance ava ilable to an additional insured , such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that the insurance is primary and non- contributory with the additional insured 's own insurance . (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an add itional insured on your policy, the additional insured shall be requ ired to comply with the provisions in A. Loss Conditions 2. -Duties In The Event Of Accident, Claim, Suit Or Loss -of SECTION IV -BUSINESS AUTO CONDITIONS , in the same manner as the Named Insured . BA 99 04 0416 In cl ud es co p yrighted mate ri a l of Insu rance Services Office, In c ., w ith its permi ssio n . Page 1 of 1 POLICY NUMBE . 103 GL 0018719-01 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the follow ing : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured Insured Information required to complete this Schedule , if not shown above, will be shown in the Declarations . A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule , but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused , in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 8. With respect to the insurance afforded to these additional insureds , the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work , including materials, parts or equipment furnished in connection with such work , on the project (other than service , maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed ; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20100413 © Insurance Services Office , Inc., 2012 Page 1 of 2 C. With respect to the insu ranee afforded to these additional insureds , the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement , the most we will pay on behalf of the additional insured is the amount of insurance : 1. Required by the contract or agreement ; or 103 GL 0018719-00 2. Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less. This endorsement shall not increase the applicable Lim its of Insurance shown in th e Declarations . Page 2 of 2 © Insurance Services Office , Inc ., 2012 CG 20 10 0413 POLICY NUMBE ': 03 GL 0018 7 19-0 COMMERCIAL GENERAL LIABILITY CG203704 13 THIS ENDO RS EM ENT CHANGES THE P OLI C Y. PLEASE READ IT CAREFULLY. ADDITIONAL INSUR E D -OWNERS , L ESSEE S OR CONTRACTORS -COMPLETED OPERAT IONS This endorsement modifies insuranc e provided unde r the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locati on And Description Of Completed Operations All persons or organizations as required by written As designated in written contract with the Named Insured contract with the Named Insured for commercial projects only Information required to complete this Schedule , if not shown above , will be shown in the Declarations . A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule , but only with respect to liability for "bodily injury" or "property damage" caused , in whole or in part , by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . 8. With respect to the insurance afforded to these additional insureds , the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement , the most we will pay on behalf of the additional insured is the amount of insurance : 1. Required by the contract or agreement ; or 2. Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less . This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations . CG 20 37 0413 © Insurance Services Office , Inc., 2012 Page 1 of 1 103 GL 0018719-01 DESIGNATED CONSTRUCTION PROJECT{S) GENERAL AGGREGATE LIMIT -RESTRICTED FORM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: All projects during the policy period . (If no entry appears above , information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" Under SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and for all medical expenses caused by accidents under SECTION I -COVERAGE C MEDICAL PAYMENTS , which can be attributed only to ongoing operations at a single designated con- struction project shown in the Schedule above : 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project , and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations . 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except damages because of "bodily injury " or "property damage " includ ed in the "products-completed operations hazard ", and for medical expenses under SECTION I - COVERAGE C MEDICAL PAYMENTS regardless of the number of: a. Insureds ; b. Claims made or "suits " brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages or under SECTION I -COVERAGE C MEDICAL PAYMENTS shall reduce the Des ignated Construction Project General Aggregate Limit for that des- ignated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damages to Premises Rented to You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations , such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 5. The most we will pay for the sum of all Designated Construction Project General Aggregate Limits combined and to which this insurance applies is $5 ,000 ,000 . B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences " Under SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UCG2503-1013 Includes copyrighted material of Insurance Services Office , Inc., 1996 with its permission. Page 1 of 2 103 GL 0018719-01 LIABILITY , and caused by accidents under SECTION I -COVERAGE C MEDICAL PAYMENTS, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above : 1. Any payments made under SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages or under SECTION I -COVERAGE C MEDICAL PAYMENTS shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit , whichever is applicable ; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability resulting from the "products-completed operations hazard " is provided , any payments for damages because of "bodily injury " or "property damage" included in the "products- completed operations hazard " will reduce the Products-Completed Operations Aggregate Limit , and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned , delayed , or abandoned and then restarted, or if the authorized contracting parties deviate from plans , blueprints , designs , specifications or timetables , the project will still be deemed to be the same construction project. E. The provisions of SECTION Ill -LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED . UCG2503-1013 Includes copyrighted mater ial of Insurance Services Office , Inc ., 1996 with its permission. Page 2 of 2 Poli y: 103 :::8 ~9 THIS E U-ORSEMENT CHANGES THE POLICY. COMMERCIAL GENERAL LIABILITY CG 20 010413 PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COM PLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance ; and (2) You have agreed in writing in a contract or agreement that th is insurance would be primary and would not seek contribution from any other insurance availab le to the additional insured. CG 20 010413 © Insurance Services Office , Inc., 2012 Page 1 of 1 103 GL 0018719-01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations as requested by written contract with the Named Insured . Information required to complete this Schedule , if not shown above , will be shown in the Declarations . The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office , Inc ., 2008 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0403 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy . We will not enforce our right against the person or organization named in the Schedule . (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule . The additional premium for this endorsement shall be .!.:_~~-% of the California workers ' compensation premium otherwise due on such remuneration. Schedule Person or Organization Blanket Waiver -Any person or organization for whom the Named lnsured has agreed by written contract to furnish this waiver. Job Description All CA Operations T his endors ement changes th e policy to which it is attached and is effective on the date issued unless otherwise stated . (The information below is required only when this-endorse nt is issued subsequent to preparation of the policy.) Endorsem ent Effect ive Insured Policy ·o. TRWC90104 -Z lnsura ce Company Endorsement No . Countersigned By ------------------------ ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved .