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18-205 JD Firestop Pros Inc., Soundproofing at Quinlan Community Center Social & Activity RoomsFIRST AMENDMENT TO AGREEMENT 2019-305 BETWEEN THE CITY OF CUPERTINO AND JD FIRESTOP PROS INC. FOR SOUNDPROOFING AT QUINLAN COMMUNITY CENTER This First Amendment to Agreement 2019-305 between the City o(Cupertino and JD Firestop Pros Inc ., for reference dated 10/5/2018, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and JD Firestop Inc, a Corporation, etc ("Consultant") whose address is P.O. Box 1980, Tracy, CA 95378, and is made with reference to the following: RECITALS: A. On 10/5/2018, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for the dry rot repair at Creekside Building. The agreement will expire on 1/17/2019. B. The Agreement and the First Amendments are collectively referred to as the "Agreement" unless otherwise indicated. C. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. COMPENSATION Paragraph 6 of the Agreement is modified to read as follows: City will pay Contractor for satisfactory performance of the Work an amount that will be based on actual costs but that will be capped so as not to exceed $32,410.70 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be exec~uted. CONS AN By By~----'c~~~=-~_L....:_~-4-=- Title Si. P ~ Title --'--,--_::_:__~=-=:._..:_:=-=--==-=--,,-----,:____:---=..= J RECOMMENDED ,FOR APPROVAL By ·~~ Title ti.,~ GkkMtt ATTEST: \) j 14 ./.-.. ~u City Clerk / ~ f:'-/ C/ , EXPENDITURE DISTRIBUTION PO #2019-305 Roof Replacement at Creekside Park Building Original $30 ,615.00 Amendment #1: $1 ,795.70 Amendment #2: Total: $32,410.70 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) ~ 10/18/2018 THIS CERTIFICATE IS ISSU ED 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), AUTH ORIZED REPRESENTATIVE OR PROD UCE R, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must ha ve ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and c ondi ti ons of the policy, certain polic ies 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 Lisa Suarez NAM E : Tru ex Insurance Agency PHO NE (20 9) 477-1 11 1 I FAX (209) 478-0217 /A/C No Extl : (A/C, Nol: 4609 Quail Lakes Drive , Ste. 1 E-MAIL lsuarez@truexi ns .co m ADDRESS: INSURER(S) AFFORDI NG COVERAGE NAIC # Stockton CA 95207 INSURER A: Evan ston In surance Company 35378 INSURED INSURER B : Travelers Casualty Insurance Company of America 19046 C'''.~ INS URER C: State Fund 35076 npine Ct. INSURER D: INSURER E : y CA 95377 INSURER F: COVERAGES CERTIFICATE NUMBER: CL18101820191 REVISION NUMBER: TH IS IS TO CERTIF Y THAT THE POLICIES OF INSURANC E LISTED BEL OW HAV E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI OD INDICATED . NOTWI TH STAND ING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESP ECT TO WHICH TH IS CERT IFI CATE MAY BE ISSU ED OR MAY PERTAIN , THE INSURANC E AFFORDED BY THE POLICIES DESCRIBED HER EI N IS SUB JE CT TO ALL THE TERMS , EXC LU SIONS AND CONDITIONS OF SUCH POLICIES . LIM ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA IM S. INSR ,n ·~· I POLICY EFF ,~~T~%~1 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDNYYYl LI MITS X COMM ERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 V -D CLAIM S-MADE [81 OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence) $ 300,000 -X BL KT Al/COMP OPS/WOS MED EXP (Any one person) $ 5,000 -3C22024 / 10/21/2019 \, A X PR IMARY WORDING y y 10/2 1/2018 PERSONAL &ADV INJURY $ 1,000,000 - GEN'L AGGR EGAT E LIMIT APPLIES PER : G ENERAL AGGREGATE $ 2,000,000 / ~ [81 PRO-D PRODU CTS -COMP/OPAGG 2,00 0 ,000 POLI CY JECT LOC $ OTHER: 5K Bl/PD OED , P&A Empl oyee Benefits $ 1,000,000 ) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) -X ANY A UTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED y BAOK701090 10 /2 1/2018 10/21/2019 \. v-BODILY INJURY (Per accident) B AUTOS ON LY AUTOS y $ x HIRED x NON-OWNED PROPERTY DAM AG E $ -AUTOS ONLY -AUTOS ONLY {Per accident) X 500 COMP X 1000 COLL v-~ / UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE I $ 3,ooo,o'ooy A x EXC ESS LIAB CLAIMS-MADE y y MKLVSEUL 101290 10/21/2018 10/21/2 019 ' AGGREGATE I $ 3,000,0~ OED I X I RETENTION s 0 $ WORKERS COMPENSATION X I ~ffTuTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N 9076811 / C ANY PROPRIETOR/PARTNER/EXECUTIVE D y 10/22/2018 10/22/2019 V'E:.L. EACH ACCIDENT $ 1,000,000 O FFICER/M EMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOY EE $ 1,000 ,000 v If yes, describe under DESCRIPTION OF OPERATIONS below E .L. DISEASE -POLICY LIMIT s 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is req uired) Re : Quinlan Community Center; 10185 N. Stelling Road , Cupertino, CA . The City of Cupertino, its City Counci l, officers, officials, employees, agents , servants and volunteers are Add itional Insured as respects to General/Auto Liability with waiver of Subrogation ; on primary/non-contributory basis; when required under writte n contra ct per CG2010 0704 , CG20 37 0704 , CG2001 0413, MEGL024101 0516 , CAT420 0215 , CA0001 1013 , 2572. Cance llation provisions apply per MEIL 1241 0714 , CAT332 0299, 2065. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 1300 Torre Ave nu e AUTHORIZED REPRESENTATIVE Cupertino CA 95014 (fftd- I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016 /03 ) The ACORD name and logo are registered marks of ACORD 111 MARKEL® EVANSTON INSURANCE COMPANY INTERLINE POLICY NUMBER : 3C22024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CANCELLATION PROVISIONS ---All Coverage Parts included in this policy are~subject to tbe~following conditions. SCHEDULE Name: Address: 1300 Torre Avenue, Cupertino, CA 95014 Number of da s advance notice: 30 lus 3 for mail in In the event of cancellation by us, we agree to mail advance written notice of cancellation to the person or organization described in the Schedule above. All other terms and conditions remain unchanged. MEIL 1241 0714 Includes copyrighted material of Insurance Services Office , Inc., with its permission Page 1 of 1 I POLICY NUMBEC? THIS ENDORSEMENT CHANGES THE POLICY. COMMERCIAL GENERAL LIABILITY CG 2010 07 04 PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) ,,1-------. Or Organizatlon(s): Location(s) Of Covered Operations ~ Any person or organization with whom the Named Insured Where specified by written contract. enters into a written contract that requires them to be named as an Additional Insured and the contract is yed prior to the start of the project. 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. B. 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. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 D l \ {~ POLICY NUMBER : \3C22024 ~) COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS _ This endorsement modifies insurance rovided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s): Location And Description Of Completed Operations Any person or organization with whom the Named Where specified by written contract. Insured enters into a written contract that requires them to be named as an Additional Insured for Completed Operations Coverage and the contract is executed prior to the start of the project. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only w ith 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". CG 20 37 07 04 © ISO Properties, Inc ., 2004 Page 1 of 1 111 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: MARKEL® c:'4 EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insu rance provided unde r the following : COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Person Or O rg aniza t ion: Any person(s ) or organization(s) with whom the Named Insured agrees , in a written contract executed prio r to t he "occu rrence", to waive righ t s of recovery Ad dition al Premium : $ The following is added to Condition 8. Transfer Of Rights Of Recovery Aga i nst Others To Us under Section IV Commercial General Liabil ity Conditions : We waive any right of recovery we m ay have against any pe rson o r organization shown in the Schedule of this endorsement. This waiver applies on ly to the person or organization shown in the Schedule of this endorsement. All other terms and conditions remain unchanged . MEGL 0241-010516 Include s copyrighted material of Insu rance Services Office , Inc ., with its permission. Pag e 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED 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: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (1) The additional insured is a Named Insured under such other insurance; and CG20010413 © Insurance Services Office , Inc ., 2012 Page 1 of 1 111 COMMERCIAL GENERAL LIABILITY ~_?.::~~UMBER: ~~ MARKEL® EVANSTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Maximum Annual Limit Of Insurance: $5,000,000 The following changes are subject to the Maximum Annual Limit Of Insurance shown in the Schedule of this endorsement. In no event will we be liable for damages in excess of the Maximum Annual Limit Of Insurance shown in the Schedule of this endorsement. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I Coverage A, and for all medical expenses caused by accidents under Section I Coverage C, which can be attributed only to ongoing operat ions at a single designated construction project: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medical expenses under Coverage C 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 Coverage A for damages or under Coverage C for medical expenses will reduce the Construction Project General Aggregate Limit for that construction project and the Maximum Annual Limit Of Insurance shown in the Schedule of this endo rsement. Such payments will not reduce the General Aggregate Limit shown in the Declarations nor will they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence , Damage 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 Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I Coverage A, and for all medical expenses caused by accidents under Section I Coverage C, which cannot be attributed only to ongoing operations at a single construction project: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses will reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable , and the Maximum Annual Limit Of Insurance shown in the Schedule of this endorsement; and 2. Such payments will not reduce any Construction Project General Aggregate Limit. MEGL 0313 02 17 Includes copyrighted material of Insurance Services Office , Inc ., with its permission. Page 1 of 2 C. When coverage for liability arising out of 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 Maximum Annual Limit Of Insurance shown in the Schedule of this endorsement, but not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable 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 will continue to apply as stipulated. All other terms and conditions remain unchanged . MEGL 0313 02 17 Includes copyrighted material of Insurance Services Office, Inc ., with its permission . Page 2 of 2 POLICY NUMBER: BAOK701090 COMMERCIAL AUTO ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. ADDITIONAL INSURED NOTICE OF CANCELLATION This endo rsement modifies insurance provided by the following : BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCH EDU LE 1. Name: ROSENDIN ELECTRIC INC ATTN SUBCONTRACT ADMIN 880 MABU RY RD Address : SAN JOSE CA 95133 2 . Number of Days Notice: 30 (If no entry appears above, information to complete this endorsement will be shown in the Declarations as appli - cable to this endorsement.) PROVI SION S We will mail notice of cancellation or material l imitation of these coverage forms to the person or organization shown above. We will mail the notice at least the Numbe r of Days indicated above before the effective date of our action . , CA T3 32 02 99 Page 1 of 1 COMMERCIAL AUTO POLICY #BAOK701090 BUSINESS AUTO COVERAGE FORM Various prov1s1ons in this policy restrict coverage . Read the entire policy carefully to determine rights , duties and what is and is not covered. SECTION I -COVERED AUTOS Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". Throughout this policy the words "you" and "your'' re- fer to the NanN.d Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any Only "trailers" you don't own while attached to power units you own). This includes those "autos" you acquire ownership of after the policy begins . 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. "Autos" Only 4 Owned Only those "autos" you own that are not of the private passenger type (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged . This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage . This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (and for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease , hire , rent or borrow. This does not include any "auto" Only you lease , hire , rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 Non-owned Only those "autos" you do not own , lease, hire , rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used i n your business or your personal affairs . CA 00 0110 13 © Insurance Services Office , Inc., 2011 Page 1 of 12 COMMERCIAL AUTO 19 Mobile Equip- ment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insur- ance Law Only Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged. B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the Decla- rations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cov- erage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cov- erage; and b. You tell us within 30 days after you ac- quire it that you want us to cover it for that coverage . C. Certain Trailers, Mobile Equipment And Tem- porary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Form, the following types of vehi- cles are also covered "autos" for Covered Autos Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its : a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. SECTION II -COVERED AUTOS LIABILITY COV- ERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "prop- erty damage" to which this insurance applies, caused by an "accident" and resulting from the ownership , maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies , caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "prop- erty damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "in- sured" against a "suit" asking for such damages or a "covered pollution cost or expense". How- ever, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily in- jury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to de- fend or settle ends when the Covered Autos Li- ability Coverage Limit of Insurance has been ex- hausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your per- mission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own . Page 2 of 12 © Insurance Services Office, Inc., 2011 CA00011013 (2) Your "employee" if the covered "auto " is owned by that "employee" or a member of his or her household . (3) Someone using a covered "auto" while he or she is working in a busi- ness of selling , servicing , repairi ng , parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", 12 artners (if_you are ___ a_JJ artnershi Q), membe rs (if you are a limited liabi lity company) or a lessee or borrower or any of their "employees", while mov- ing property to or from a covered "auto". (5) A partner (if you are a partnersh i p) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "in - sured " described above but only to the extent of that liability . 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2 ,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "in- sured" we defend , but only for bond amounts within our Limit of Insur- ance . (4) All reasonable expenses incurred by the "insured" at our request , including actual loss of earnings up to $250 a day because of time off from work . (5) All court costs taxed against the "in- sured" in any "suit" against the "in- sured" we defend. However, these payments do not include at- torneys' fees or attorneys' expenses taxed against the "insured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend , but our duty to COMMERCIAL AUTO pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. These payments will not reduce the Limit of Insurance . b. Ou t -of-state Coverage Extensions While a covered "auto" is away from the state where it is licensed , we will : ----{1nncrease -t fie Limit or nsurance ror Govered Autos Liability Coverage to meet the limits specified by a com- pulsory or financial respons i bility law of the jurisdiction where the covered "auto" is being used. Th is extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property . (2) Provide the minimum amounts and types of other coverages , such as no- fault , required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used . We will not pay anyone more than once for the same elements of loss because of these extensions . B. Exclusions This insurance does not apply to any of the fol- lowing: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liabil ity for damages: a. Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" oc- curs subsequent to the execution of the contract or agreement ; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation , disability benefits CA00011013 © Insurance Services Office , Inc., 2011 Page 3 of 12 4. Loss Payment -Physical Damage Cover- ages At our option, we may: a . Pay for, repair or replace damaged or sto- len property; b. Return the stolen property , at our ex- pense . We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will in- clude the applicable sales tax for the dam- aged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1 . Bankruptcy Bankruptcy or insolvency of the "insured'.' or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form . It is also void if you or any other "insured", at any time, intentionally con- ceals or misrepresents a material fact con- cerning : a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge , your policy will automatically provide the additional coverage as of the day the re- vision is effective in your state. 4. No Benefit T o Bailee -Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any per- COMMERCIAL AUTO son or organization holding, storing or trans- porting property for a fee regardless of any other provision of this Coverage Form. 5. Other Insurance a . For any covered "auto" you own, this Coverage Form provides primary insur- ance . For any covered "auto" you don't own, the insurance provided by this Cov- erage Form is excess over any other col - lectible insurance . However, while a cov- ered "auto" which is a "trailer" is con- nected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a mo- tor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own . b. For Hired Auto Physical Damage Cover- age, any covered "auto" you lease, hire , rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Para - graph a. above , this Coverage Form's Covered Autos Liability Coverage is pri- mary for any liability assumed under an "insured contract". d . When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis . 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy be- gan . We will compute the final premium due when we determine your actual ex- posures . The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. The due date for the final premium or retrospective pre- mium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due , the first Named Insured will get a refund . CA 00 0110 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 STATE ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS BROKER COPY ~EP COMP EN SA.TI ON INSURANCE FUNO (;. 076811-1 R EWAL ' HOME OFFICE SAN FRANCISCO EFFECTIVE OCTOBER 22, 2018 AT 12.01 A.M. NF 8-86-63-45 PAGE 1 OF ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC ST AND ARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME AND EXPIRING OCTOBER 22, 2019 AT 12.01 A.M. JD-FTRE-STOP-PRus-, -rNC. 753 GLENPINE CT TRACY, CA 95377 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ~~~ OCTOBER 19, 2018 ~_. .di~~:~ PRESIDENT AND CEO SCIF FORM 10217 (REV.7·2014) 2572 OLD DP 217 1 STATE ENDORSEMENT AGREEMENT CERTIFICATE HOLDERS' NOTICE R&P-=::::_ c:r:-1 ~· '·, i-u r.,1 PF.t-J ..... ·,,__JN I rJ ;, U h .-.... ,'•J C: ::: FUND HOME OFFICE SAN FRANCISCO NF 8-86-63-45 PAGE 1 EFFECTIVE FEBRUARY 16, 2016 AT 12. 01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME JD FIRESTOP PROS, INC. 753 GLENPINE CT TRACY, CA 95377 ANYIHING IN IBIS POLICY TO iHE CONTRARY NO'IWilHSTANDING, IT IS AGREED lHAT IBIS POLICY SHALL NOT BE CANCELLED UNTIL, 30 DAYS AFTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED IN nIE MAIL BY STATE FUND TO CURRENT HOLDERS OF CERTIFICATE OF WORKERS' COMPENSATION INSURANCE. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN .THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: FEBRUARY 18, 2016 ~~q PRESIDENT AND CEO 2065 C I TY OF a PUBLIC WORKS CONTRACT $45,000 OR LESS CUPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on October 5, 2018 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and JD Firestop Pros Inc. , a Corporation ("Contractor") for soundproofing at Quinlan Community Center: Social & Activity Rooms. 2. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on January 17, 2019 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources , and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 200.00 will be charged for each day of unexcused delay , or City may deduct the amount from Contractor's payments. Liqu idated 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 $30,615.00 ("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, describing the Work performed during the preceding month, itemizing labor, materials, equipment and Public Works Project Quinlan Community Center -Soundproofing Social & Activity Rooms Public Works Contract $45,000/Rev. May 22, 2018 Page I of 11 any incidental costs incurred . C ontractor 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 ma,rner 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-2 , 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 of law 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 Quinlan Community Center -Soundproofing Social & Activity Rooms Public Works Contract $45,000 !Rev. May 22, 2018 Page 2 of 11 8. PUBLICITY / SI G NS 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, brochmes, interviews, pub li c 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 approva l 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 so % of the Work, provided that each subcontractor is required by contract to be bound b y the provisions of this Contract. Contractor must provide C ity with written proof of compliance w i th this provision upon request. 9.2 City may reject any subcontr actor 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 Comp letion 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 da i ly 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 equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports , but Contractor w ill be permitted to retain copies. 10 .2 If applicable, Contractor mu s t keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the origina l drawings as changes occur. Actual locations to scale must be identified for a ll major components of the Work , including mechanical, electr ical 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 prin ciples, which must be avai lab le for City review and audit, kept separate from other records, and maintained for four years from the date of City 's final payment. Public Works Project Quinlan Commun i ty Center -Soundproofing Socia l & Activity Rooms Public Works Contract $45,000 /Rev. May 22, 2018 Page 3 of 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law , and except for loss es caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall ind e mnify , defend , and hold harmless City , its City Council, boards and commissions, officers, officials, employees, agents , servants, volunteers and consultants ("Indemnitees"), through lega l counse l acceptable to City , from and against any and a ll liabi I ity , damages , c laims, stop notices, actions, causes of action , demands , charges , losses and expenses (including attorney fees, lega l costs and expenses related to li tigation and dispute reso lu tion proceedings), of every nature arising directly or indirect ly from this Contract or in any manner relating to any of the following : (a) Breach of contract, ob li gations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its emp lo yees, 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 wil l 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 ris e to any im plied right of indemnity in favor of Contractor against City or any other lndemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the C ity lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 12. INSURANCE Contractor shal I comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide sat isfactory proof of in surance 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 in s uranc e 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 C it y, at its sole discretion and without notice, purchasing insurance at Contractor's expense, deducting the costs from Contractor's compensation , or terminating the Contract. Pub li c Works Project Quinlan Community Center -Soundproofing Social & Activity Rooms Public Works Contract $45,000 /Rev. May 22, 2018 Page 4 of 11 13. COMPLIANCE WITH LAWS 13.1 Gen e ral Laws. Contractor shall comp ly with a ll laws and regu lations app li cab le to this Contract. Contractor will promptly notify City of changes in the law or other condition s that may affect the Project or Contractor 's abil ity to perform. Contractor is responsib le for verifying the employment status of emp loyees performing the Work , as required by the Immigration Reform and Control Act 13.2 Labor Laws . (a) Contracts of $1,000 or more are subj ect to the requ irements of the Ca liforni a Labor Code, including but not limited to: (i) Prevailing wage laws under Labor Code Sect ion 1775, wh ich require Contractor to pay prevailing wages applicable in Santa C lara County for each craft, c lassification , or type of worker needed to perform the Work, including health , pension and vacation . The prevailing wage rates are on file w ith the City Engineer's office and are available online at http://www.dir.ca.gov/DL SR ; (ii) Apprenticeship requ ir ements under Labor Code Section 1777.5 for Contacts $30 ,000 or more; (iii) Maintain certified payroll records in accordance w ith Labor Code Sections 1776 a nd 1812 , and electronica ll y submit them to the Labor Commissioner as req ui red by the regulations of Californi a, Department oflndustrial Relations ("DIR"); (iv) Comp ly 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. Co ntractor will a lso be required to pay City a penalty of $ 200.00 per worker for each day of vio lation . ( c) As required by Labor Code Sect ion 1861 , by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires every emp lo yer to be insured against li abil it y for wo r kers' compensation or to undertake se lf-in surance in accordance with the provisions of that code, and l will comp ly 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, Acq uired -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 Sectio ns 1735 , 1777 and 3077.5. Cons istent with City policy prohibiting harassment and discrimination , Contractor und erstands that harassment and discrimination directed toward a j ob applicant , an employee, a City emp lo yee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be to lerated . Pub lic Works Project Quinlan Community Center -So undproofing Socia l & Activity Rooms Public Works Contract $45,000 /Rev . May 22, 2018 Pa ge 5 of 11 13.4 Conflicts oflnterest. 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 I 090 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 te rm is defined by state law, or in violation of a C ity ordinance or pol icy wh il e serving as a City Representative or for one year thereafter. Contractor, its employees , subcontractors , servants and agents warrant they are not emp loyees of City or have any re lationship with City officials, officers or employees that creates a conflict of in terest. Contractor may be required to file a conflict of interest form if it makes certain governmenta l decisions or serves in a staff capacity , as defined in section 18700 of the Ca liforni a Code of Regulations. Contractor agrees to abide by C it y rules governing gifts to public officia ls and employees. 13.5 Remedies. Any vio lation of Section 13 constitutes a material breach and may result in City suspend in g payments, req uiri ng reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, in c lud ing seekin g 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 financia l rating from A .M. Best Company of C lass A-or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a s ub stitute bond from a surety acceptab le to City within seven ca lendar days after written notice from City . If Co ntra ctor fails to do so , City may in its so le discretion and without prior notice, purchase bonds at Contractor 's expense , deduct the cost from payments due Contractor, or terminate the Contract. City wi ll 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 A lert ("USA") 811 hotline a nd request marking of utility locations before digging or commencing Work. For underground serv ic e alerts for street li ghting and traffic s ignal 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 works ite. C ity 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 llI 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 avai lab le to Contractor; and Pub lic Works Project Qu inl an Community Center -Soundproofing Social & Activity Rooms Public Works Contract $45 ,000 /Rev . May 22, 2018 Page 6 of 11 ( c) Unknown physica l condition s at th e Proj e ct w orksit e of an y unu sual nature , mate ri a ll y different from thos e ordinarily e ncounte re d and from thos e ge nerally re cognized a s 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 provision s for worke r prote ction from caving ground and other hazards. The protective system must compl y with all Construction Safety Orders. If the plan varies from shoring sy stem standards , it must be prepared by a registered civil or structural engineer. 16 . URBAN RUNO FF MANA GEMENT 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 bas ed 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 inl ets impacted by con struction work must be filter-protected from on site 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 , I itter, and debris at the end of e ach work day and when Work is completed. Cl ean up any leaks, drips , and oth er spills as they occur. 16.2 Thes e requireme nts must be used in conjunction with the California Stormwater Quality Association and California Best Management Prac tices 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. Public Works Project Quinlan Community Center -Soundproofing Social & Activity Rooms Public Works Contract $45 ,000 /Rev. May 22, 2018 Page 7 of 11 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 Steve Henson -------------------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 regular ly 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. 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 10% 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 de lay, 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, app ly 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 fi ling 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. ATTORNEY FEES If City initiates lega l action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other procee dings to enforce its rights or a judgment in connection with this Contract, the prevailing patty will be entitled to reasonable attorney fees and costs. Public Works Project Quinlan Commun ity Center -Soundproofing Socia l & Activity Rooms Public Works Contract $45,000 /Rev. May 22, 2018 Page 8 of 11 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City's propetty , 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 shal I constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor warrants that materials and equipment used wi ll be new, of good quality, and free from defective worlananship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials and equipment shou ld pass to C ity 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 comp lete ("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 ar ises 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 express ly incorporated herein, including authorized amendments or c han ge orders constitute the final and comp let e contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against C ity . If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms w ill control. 28. SEVERABILITY/P 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 wil l remain in full force and effect. 28. SURVIVAL T he 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 , sha ll remain in full force and effect after the Work is completed or Contract ends. Public Works Project Quinlan Community Center -Soundproofing Social & Activity Rooms Public Works Contract $45,000 /Rev. May 22, 2018 Page 9 of 11 29. INSERTED PROVISIONS Each provision and clause required by law to be in serted in this Contract will be deemed to be included and wi ll be inferred herein . Either patty may request an amendment to cure mistaken insertions or omissions of required prov isions. 30. CAPTIONS The captions, titles, and headings in this Contract are for conven ience 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 a ll of which taken together shall form one sing le document. 20. NOTICES A ll 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 reputab le overnight delivery service, on the fifth calendar day after deposit in the United States Mail , postage prepaid, registered or cert ifi ed, or the next business day following electronic submission: To City of Cupertino: 10300 Torre A venue, Cupert in o CA 95014 Attention: Ken Tanase To Contractor: JD Firestop Pros Tnc. Attention: Steve Henson -------------------------- Copy to: Carl Valdez Copy to: Email: kent@cupertino.org Email: shenson@jdfirestoppros.com 30. VALIDITY OF CONTRACT This Contract is valid and enforceab le only if (a) it comp lie s 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. Pub lic Works Project Qu inl an Community Center -Soundproofing Social & Activity Rooms Public Works Contract $45,000/Rev. May 22, 2018 Pa ge 10 of I I IN WITNESS WHEREOF , the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR JD Firestop Pros Inc . T itl e: Project Manager Signature Date: __ 7~0_3_/_i _d_c>_~_'!J __ ::,TE~it /0 t-{( GRACE SCHMIDT, C ity Clerk CITY OF CUPERTINO, a Municipal Corporation By:~ ~ Title: Director of Public Works Signature Date: ~/zj /t g -+-,+-""-.....,_,/~------- Pub lic Works Project Quinlan Community Center -Soundproofing Social & Activity Rooms Public Works Contract $45,000 /Rev . May 22, 2018 Page 11 of 11 To: EXHIBIT 11 A11 . @ Insulation Proposal Underwriters Laboratories Qualified Firestop Contracto r Program Ken Tanase I Fleet & Facilities Supervisor Proj ect: Quin lan Community Center (Ad d ress) City of Cupe1iino (Address) 10185 N. Stelling Road (City) Cupertino CA (Cily) Cupertino CA (MobHo) (408) 613-0510 (Dnlo) July 24, 2018 Rev 1. (Ph one) ( 408) 777-3399 fax *Bid Expires 15 days (e-mai l) kent@cupe1iino.org Sales Rep: Steve Henson (408) 728-5901 mobile Scope of Work: Drywall / Sound Insulation -Revl. • Provide labor, materials, tools and equipment for the following: • (A) Activity Room above the ceiling-Work to include installing the 4" rigid, mineral wool on the ve1·tical wall between the Activity and Social Rooms, and installing 21/z" mineral wool blanket over the 'T' Bar ceiling. • Work (A) to be performed: -Wed 12 /26/18 6:00 a.m. -Start soundproofing -Activity Room. -Fri 12/28/18 3:30 p.m. -Complete soundproofing -Activity Room. Total Amount: $ 13,643.00 • (B) Social Room wall -Remove existing drywall, install minernl wool batts to completely fill the wall cavity from finished floor to the bottom of the decorative trim on the vertical wall between the Social and Activity Rooms. Re Install Quite Rock wall boards in lieu of standard 5/8" type X wall board to smooth level to match the existing level of adjacent drywall. • Work (B) to be performed: -Mon 1/7/19 6:00 a.m. -Start wall demo -Social Room. -Tues l/8/19@ 4:00 p.m. -Complete soundproofing wall demo and blocking installation. Remobilization insulation crew. -Wed 1/16/19@ 4:00 p.m. Complete soundproofing & drywall finishing for the Social Room. *City crew work behind ,val/ demo to install blocking for Activity Rm ballet bar. Total Amount:$ 16,972.00 • Work proposed shall be performed by certified installer (s) trained by the manufacture. • Proposal includes Performance and Payment Bonds • Wall board derby will be removed from work site. • Owner/GC to provide llO elec t rical 150 ft. from work area. • Work shall be continuous with-ou t delays -Working Hours: 7:00am. -3:30pm. Monday -Friday Total Base Bid Amount: $30,615.00 ** P11y111 e11 t Terms 11et 30 days (x) _______________ _ Customer Signature (x) ________________ _ Print Name Date -------- (x) ________________ _ JD Firestop Pros Representative (x) ______________ _ Print Name Date -------- Signing of this proposal by bot!, parties is a bi11di11g agreement between client & JD Firestop Pros Ille. "Your UL Qualified Firestop Specialty Contractor"! P.O Box 1980 Tracy, CA 95278 (925) 337-8546 Office. (925) 337-8999 Fax. UBLIC WORKS CONSTRUCTION CONTRACTS mall Projects -$45,000 Insurance Requirements: Exhibit B Contractor s hall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or dam ages to property which may arise from or in connection with the performance of the work hereund er by Contractor, its agents, rep resentatives, emp lo yees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: /1. Commercial General Liability (CGL): In surance Services Office (ISO) Form CG 00 0 l covering CGL on an "occ UJTence" basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor's or Subcontractor's acts or omissions, including Contractor's protected coverage , blanket contractual, products and completed operations, vehicle coverage and emp loyer 's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability.for personal injwy, death, prope1ty damage or destruction, and personal and adve1tising 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/se lf-i nsurance, and shal l be at least as broad as ISO CG 20 01 04 13 c . The lLmits 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 umbre lla or excess insurance shall contain or be endorsed to contain a provi sion 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. Automobile Liability: ISO Form CA 00 01 covering any auto (Code I), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. Workers' Compensation: As requ ired by the State of California, with Statutory Limits, and Employer's Liability Insurance ofno 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. !81 NI A if box checked (Contract is not design /build). 5. Builder's Risk. Course of Construction insurance utilizing an "A ll Risk" (Special Perils) coverage form, with limits equal to the completed valu e of the project and no coinsurance penalty provisions. ~ NI A if box checked (Project does not involve construction or improvements/installations to property). 1 insurance Requirements for Construction Contracts -$45,000 Version: Nov 201 7 6. 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. ~ N I A if bo x checke d (Projec t do e s not involve e nvironme ntal 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 insuranc e proceeds in ex cess of the specified mini.mum 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 of ficer s, 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 V 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 010413 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 ce1tified 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 ex isting buildings, structures, processes, machine1y and equipment, and shall provide property damage coverage for an y building, structure, machine1y or equipment damaged , impaired , broken, or destroyed during the performance of the Work , including during transit, installation , and testing at the City 's site. Insuran ce R equirem ents f or Con struction Contrac ts -$45 ,000 Version : Nov 2 017 2 .J Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subro gation 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 Ca liforni a , and each insurer must have an A.M. Best's financial strength ratingof "A" or better and a financial s ize rating of "VII" or better. Verification of Coverage Contractor shall furnish the City with origina l 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 Contrnct 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 Californ ia and secured through an authorized agent with an office in Californ ia . 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. insurance Require ments for Construction Contracts -$45,000 Vers ion.· Nov 201 7 3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~ 08/13/2018 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 Lisa Suarez NAME: Truex In surance Age ncy r:igNr,To Extl: (209) 477-1111 I FAX (A/C, No): (209) 478-0217 4609 Quai l Lakes Drive, Ste. 1 E-MAIL lsuarez@truexins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# Stockton CA 95207 INSURER A: Admiral Insurance Company 24856 INSURED INSURER S: Ohio Security In surance Company 24082 JD Firestop Pros INC INSURER C: Nationa l Union Fire Ins Co of PA 19445 753 Glenpine Ct. INSURERO: State Compensation Insurance Fund 35076 INSURER E: Tracy CA 95377 INSURER F: COVERAGES CERTIFICATE NUMBER: CL 17101918562 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLIC IES OF INS URANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTAN DI NG ANY REQ UI REM ENT, TERM OR CONDIT ION 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 AN D CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN RED UCED BY PA ID CLAIMS. INSR POLICY EFF POLICY EXP LTR TY PE OF INSURANCE INSO wvo POLICY NUMBER I MM /00/YYYYI IMM/00/YYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 V -D CLAIMS-MADE [81 OCCUR UM.JVll"\1.;H::: IUf\C:::I c;u PREMISES /Ea occurrence) $ 50 ,000 X $2,500 Bl/PD/Pl/Al OED t::, MED EXP (Any one person) $ 5,000 A x BLKT A l/COMP O PS /WOS y y CA00002023104 V 10/21/2017 PERSON AL&ADV INJURY $ 1,000,00 0 -- $ 2,000,ooo v r, GEN'LAGGREGATE LIM IT APPLIES PER: GEN ERAL AGGREGATE ~ [81 PRO-DLOC 2,000 ,00 0 \ POLICY JECT PRODUCTS -COMP/OPAGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIM IT $ 1,000,000y /Ea accidenll -~ X ANY AUTO BODILY INJURY (Per person) $ OWNED -SCH EDULED BAS56375567 V B y y 10/21/2017 BOD ILY INJURY (Per accident) $ AUTOS ONLY x AUTOS u X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ X 500 COMP X COLL OED V ·~ I X UMBREL LA LIAB , /$ 3.000 ,000 1 / ~ OCCUR /10/21/~ EACH OCCURRENCE C EXCESSLIAB CLAIMS-MADE y y EBU2582 0477 10/21/2017 ( AGGR EGATE $ 3,000.000 r OED I XI RETENTION $ 0 ~ _/ WORKERS COMPENSATION ~ X I PER I I OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y /N v D ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A 9076811-2017 10/22/2017 E .L. EACH ACCIDENT $ 1,000,000 OFFICER/M EMBER EXCLUDED? (Mandatory in NH) E .L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under / 1,000,000 DESCRIPTION OF OPERATIONS below E .L. DI SEASE -POLICY LIMIT $ '----"" DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 1010 Additional Remarks Schedule, may be attached if more space is required) Re : Quinlan Commu nity Center; 10185 N. Stelling Road , Cupertino, CA . The City of Cupertino, its City Council, officers, officia ls, employees, agents, servants and volunteers are Additional In sured as respects to General/Auto Liability with Waiver of Subrogation; on primary/non-contributory basis; when required under written contract per CG201 O 0413, CG2037 0413, CG2404 0509, AD06570217, CA881 O 0113, CA0001 0306 . Workers' Compensatio n waiver of Subrogation applies per form 2572 . 30 day cancellation notice app li es . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 1300 Torre Avenue A UTHORIZED REPRESENTATIVE Cupertino CA 95014 {!fttJ- I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and lo go are registered marks of ACORD Policy N ber : CA00002023 l-04 Issued Date: 5/2 018 AD 69110215 Effective Date : 09/04/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY US TO DESIGNATED PERSONS OR ORGANIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM Person or Organization Additional Premium The City of Cupertino 1300 Torre Avenue Cupertino, CA 95014 $ 250.00 SCHEDULE Surp lus Tax : $7.50 Stamp Tax : $0.50 1. Solely for cancellations initiated by us, we will mail or deliver to the Person or Organization shown in the Schedule wr itten notice of cancellation at least: a. 10 days before the effective date of cancellation ifwe cancel for nonpayment of premium ; or b. 30 days before the effective date of cancellation but no more than 120 days before the effective date of the cancella- tion if we cancel for any other reason. 2. We will mail or deliver our notice to the Person's or Organization's last mailing address known to us. 3. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date . 4. If notice is mailed, proof of mailing will be sufficient proof of notice . The additional premium shown in the Schedule is fully earned and non-refundable upon issuance of this endorsement. For the purposes of final premium calculations, additional premium charged for this endorsement will not be added to the Total Ad- vance Premium shown in the Declarations. AD 69110215 © Insurance Services Ot1ice, Inc., 2011 Page 1 ofl CJ Policy Num be : CA00002023 l -AD 06 57 0217 Effective Date 10/21 /2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY /NON-CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Any person or organization qualifying as an Additional Insured under either ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-SCHEDULE PERSON OR ORGANIZATION CG2010 or ADDITIONAL IN- SURED-OWNERS , LESSEES OR CONTRACTORS-COMPLETED OPERATIONS CG2037 if attached to and made part of this policy. It is agreed that Commercial General Liability Coverage Form CG 00 01 Section IV paragraphs 4.b. and 4.c. do not apply with respect to other valid and collectible Commercial General Liability insurance, whether primary or excess, available to the person or organization shown in the Schedule and: I) Who is an insured under an Additional Insured-Owners, Lessees or Contractors endorsement attached to this policy ; and 2) Who requires by specific written contract that this insurance is to be primary and/or non-contributory to other valid and collectible insurance available to that person or organization. This endorsement does not change the scope of coverage provided to the person or organization by any Additional Insured endorsement. AD 0657 0217 Page 1 ofl CJ CG24 04 0509 Etfoctive Date : 10/21/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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: Any person or organization, but only if: 1. You have expressly agreed to the waiver in a written contract entered into by you; and 2. The injury or dam age occurs subsequent to the execution of the written contract. Infonnation 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 -Condi- tions: 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 per- son or organization shown in the Schedule above. CG24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 CJ Policy Number: CA00002023 1-04 ) \, CG20 37 0413 Effective Date : 10/21 /2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: C01\1MERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Or Onrnnization(s) Comoleted Ooerations Any person or organization that is an owner of real property All locations except locations where "your work" is or was or personal property for whom you work or have worked, or related to a job or project involving single-family dwellings, a contractor on whose behalf you work or have worked, but multi-family dwellings ( other than rental apartments in an only if coverage as an additional insured extending to apartment building: (a) originally constructed and at all times "bodily injury" or "property damage" included in the used for such purpose, or (b) converted from a commercial "products-completed operations hazard" is required by a building), condominiums, townhomes, townhouses, time- written contract or written agreement that is an" insured share units, fractional-ownership units, cooperatives and/or contract" and provided that the "bodily injury" or "property any other structure or space used or intended to be used as a damage" first occurs subsequent to the execution of the residence . contract or agreement. 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section ID -Limits Of Insurance: If coverage provided to the additi onal 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 ofinsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG2037 0413 © Insurance Services Office, Inc., 2011 Page 1 of 1 Cl Policy Number CA00002023 l -04 1 ( . \," CG2010 0413 Effective Date : 10/2 1/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Or~anization(s) Any person or organization that is an owner or manager of All locations at which the Named Insured is performing real property or personal property on which you are per-ongoing operations . fom1 ing ongoing operations, or a contractor on whose be- half you are perfom1ing ongoing operations, but only if cov- erage as an additional insured is required by a written contract or written agreement that is an "insured contract", and provided the "bodily injury" or "property damage" first occurs , or the "personal and advertising injury" offense is first committed, subsequent to the execution of the contract or agreement 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 r equired by the contract or agreement to provide for such additional insured. B. 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 fumished in connection with such work, on the project (o ther 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 CG20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of2 a 2. That portion of "y our 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 perfonn ing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits oflnsurance shown in the Declarations ; whichever is less . This endorsement shall not increase the applicable Limits oflnsurance shown in the Declarations. CG2010 0413 © Insurance Services Office, Inc ., 2012 Page 2 of2 tl - --= ~ P UCY #BAS63755J1 COMMERCIAL AUTO CA8810 0113 _J HIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX = -SUBJECT PROVISION NUMBER 3 = -------= :ll -m= § 0 "' 0 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT ACCIDENTAL AIRBAG DEPLOYMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLATION CONDITION EXTRA EXPENSE -BROADENED COVERAGE GLASS REPAIR -WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) HIRED AUTO COVERAGE TERRITORY LOAN / LEASE GAP PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONALEFFECTSCOVERAGE PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUPPL EM ENT ARY PAYM ENT S TOWING AND LABOR TWO OR MORE DEDUCTIBLES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II -LIABILITY COVERAGE is amended as follows: 1. BROADFORMINSURED 12 19 5 13 1 22 2 23 10 15 6 20 14 16 11 8 9 4 7 17 18 20 SECTION II -LIABILITY COVERAGE, paragraph A.1. · WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorpo rated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is a n insured un der any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retent ion plan available to that organization; © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 0 <D 0 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization . 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured : f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name , with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION 11 -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4 . SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments , para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work . 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added : SECTION II -LIABILITY, exclusion 8.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE , is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive , Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire , rent or borrow; or © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted materia l of Insurance Services Office , Inc., with its permission. Page 2 of 7 0 <O 0 -==== -= -- - b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business , subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000 ; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality , minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess prov1s1ons described in this prov1s1on, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own . D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to : (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE , paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10 ,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE , is amend- ed to provide a limit of $50 per day and a maximum limit of $1 ,500 © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office , Inc., with its permission. Page 3 of 7 0 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day , and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE· BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following : If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay , without application of a deductible , up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is amended by adding the following : For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA E L ECTRONIC EQUIPMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS , exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of In surance Services Office , In c., with its permission. Page 4 of 7 0 = -= ----==== -= = == - Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio , visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio , visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the : 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V -DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office , Inc., with its permission. Page 5 of 7 0 "' 0 15. GLASS REPAIR -WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations . This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE , if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived . For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph 8.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to : 1. You, if you are an individual; 2. A partner, if you are a partnership ; 3. Member, if you are a limited liability company ; 4. An executive officer or the "employee" designated by the Named Insured to give such notice , if you are a corporation. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office , Inc., with its permission. Page 6 of 7 -= -- ---;;;;;;;;;;;;;;; l!l-m= g 0 ~ N 0 To the extent possible, notice to us should include : (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses . 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us , is amended by the addition of the following : If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS , paragraph B.7., Policy Period, Coverage Territory , is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits , in the United States, the territories and possessions of the United States of America , Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEFINT ION S , definition C. is replaced by the following : "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish , mental injury , shock , fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fol- lows : If we cancel for any reason other than nonpayment of premium , we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 STATE CO MPENSAT ION INSURANCE FUND HOME OFFICE SAN FRANCISCO ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS EFFECTIVE OCTOBER 22, 2017 AT 12. 01 A.M. (] ~7681~~ RENEWAL ._-/ ~--- 8-86-63-45 PAGE 1 OF AND EXPIRING OCTOBER 22, ALL EFFECTIVE DATES ARE 2018 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME IND ICATED AT PACIFIC STANDARD TIME JD FIRESTOP PROS, INC. 753 GLENPINE CT TRACY, CA 95377 WE HAVE TiiE RIGHI TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY TiiIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN TI-IE SCHEDULE. TiiIS AGREEMENT APPLIES ONLY TO TiiE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT 'IHAT REQUIRES YOU TO OBTAIN TiiIS AGREEMENT FROM US. TiiE ADDITIONAL PREMIUM FOR TiiIS ENDORSEMENT SHALL BE 2.00% OF TiiE TOTAL POLICY PREMIUM . SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM TiiE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH TiiIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER , WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED . NOTHING ELSEWHERE IN . THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: OCTOBER 18, 2017 ~~ .d/-L~~ 1 ~:!..~ PRESIDENT AND CEO 2572 SCIF FORM 10217 (REV .7-2014) OLO DP 217 EXHIBIT "C" 60755897 Payment Bond The City of Cupertino ("City") and JD Firestop Pros, Inc . ("Contractor") have entered into a contract, dated August 15 , 20...:!.!_ ("Contract") for work on the <soundproofing at Quinlan Community Center : Social & Activity Roo!Tt$ Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond "). 1. General. Under this Bond, Contractor as principal and Nationwide Mutual Insurance Compan,Y its surety ("Surety"), are bound to City as obligee in an amount not less than $ 30,615 , under California Civil Code sections 9550 , et seq. 2. Surety's Obligation. If Contractor or any of its Subcontractors fails to pay any of the persons named in California Civil Code section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld , and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors , under California Unemployment Insurance Code section 13020, with respect to the work and labor , then Surety will pay for the same. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond . Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond . 4. Duration. If Contractor promptly makes payment of all sums for all labor , materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845 . City waives requirement of a new bond for any supplemental contract under Civil Code section 9550 . Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows : Attn : Nationwide Mutual Insurance Company Address: One West Nat1onw1de Blvd ., 1-04-701 City/State/Zip : Co1umbus , OH 43L 1 o-2220 Phone : 614-249-7111 Fax: 866-315-1430 Email: 6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Santa Clara County in which the Project is located, and no other place . Surety will be responsible for City's attorneys ' fees and costs in any action to enforce the provisions of this Bond . Quinlan Community Center -Soundproofing Social & Activity Rooms PAYMENT BOND Page 1 EXHIBIT "C" BD755897 7. Effective Date; Execution. This Bond is entered into and is effective on September ,4 201.§.. SURETY: Nationwide Mutual Insurance Company Business Name Lucy Frances Hamer, Attorney-in-fact Name/Title (Acknowledgment with Surety's Notary Seal and Surety 's Power of Attorney must be attached.) Name/Title END OF PAYMENT BOND Quinlan Community Center -Soundproofing Social & Activity Rooms PAYMENT BOND Page 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this cert ificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Joaquin On September 4 , 2018 Date before me, ______ K_a_re_n_J_o_h_n_s_o_n_, N_ot_a_ry_P_u_bl_ic ______ _ Here Insert Name and Title of the Officer Lucy Hamer personally appeared ------------------------------ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Payment Bond BD755897 Title or Type of Document: Document Date: September 4, 2018 Number of Pages: 2 Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _L_u_c_y_H_a_m_e_r _______ _ D Corporate Officer -Title(s): ______ _ lJ Partner -D Limit ed O General 0 Ind ividual [~ Attorney in Fact O Trustee D Guardian or Conservator 0 Other:--------------- Signer Is Representing: ---=------- Nationwide Mutual Insurance Company Signer's Name: ____________ _ [) Corporate Officer -Title(s): ______ _ [J Partner -[J Limited D General D Individual D Attorney in Fact 0 Trustee D Guardian or Conservator D Other: · Signer Is Representing: ________ _ ~· ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "C" 80755897 Performance Bond The City of Cupertino ("City ") and JD Firestop Pros , Inc. ("Contractor") have entered into a contract , dated August 15 , 201.§_ ("Contract") for work on the < > Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as Principal and Natioowide Mutual Insurance Company , its surety ("Surety"), are bound to City as obligee for an amount not less than $_3~0~6~1~5~---- By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors , administrators , successors and assigns , jointly and severally , to the provisions of this Bond. 2. Surety 's Obligations; Waiver. If Contractor fully performs its obligations under the Contract , including its warranty obligations under the Contract , Surety's obligations under this Bond will become null and void upon recordation of the notice of completion , prov ided Contractor has timely provided a warranty bond as required under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents , including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provis ions of Civil Code sections 2819 and 2845. 3. Application of Contract Balance. Upon making a demand on this Bond , City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision , the Cont ract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor , and minus any liquidated damages, credits , or backcharges to which City is entitled under the terms of the Contract. 4. Contractor Default. Upon written notification from City that Contractor is in default under Article 13 of the Contract General Conditions, time being of the essence , Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action : 4.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent , but only if Contractor is in default solely due to its financial inability to complete the Work ; 4.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secu red by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety 's expense ; or 4 .3 Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining Work completed. 5. Surety Default. If Surety defaults on its obligations under the Bond , City will be entitled to recover all costs it incurs due to Surety's default, including legal , design profess ional , or delay costs. 6. Notice. Any notice to Su rety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows : Attn : ____ N_a_t_io_n_w_id_e_M_u_tu_a_l _ln_s_u_ra_n_c_e_C_o_m_._pa_n_.y _____ _ Address : One West Nationwide Blvd. 1-04-701 City/State/Zip: Columbus OH 43215-2220 Phone : --~6~14~-=2~49~-~7~11~1~------------- Fax : 866-315-1430 Email: Quinlan Community Center -Soundproofing Social & Activity Rooms PERFORMANCE BOND Page 3 EXHIBIT "C " 60755897 7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County in which the Project is located , and no other place. Surety will be responsible for City 's attorneys' fees and costs in any action to enforce the provisions of this Bond. 8. Effective Date; Execution. This Bond is entered into and effective on September 4 201§_. SURETY: Nationwide Mutual Insurance Company Business Name s1 a~I~ ;cyFrnces Hamer, Attorney-in -fact Name/Title [print] (Acknowledgment with Notary Seal for Surety and Surety 's Power of Attorney must be attached .) Name/Title Name/Title END OF PERFORMANCE BOND Qu inlan Community Center -Soundproofing Social & Activity Rooms PERFORMANCE BOND Page 4 CALIFORNI A ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1 189 A notary public or other officer completing this cert ificate verifies only the identity of the individual who signed the document to wh ich this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Joaquin On September 4 , 2018 Date before me, ______ K_a_re_n_J_o_h_n_s_o_n_, N_ot_a---'ry_P_u_bl_ic ______ _ Here Insert Name and Title of the Officer Lucy Hamer personally appeared ------------------------------ Name(s) of Signer(s) who proved to me on t he basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Sea/ Above Though th is section is optional .. completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Performance Bond BD755897 Title or Type of Document: Document Date: September 4 , 2018 Number of Pages: 2 Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _L_u_c_y_H_a_m_e_r _______ _ D Corporate Officer -Title(s): ______ _ lJ Partner -[] Limited [J General D Individual rn Attorney in Fact [J Trustee D Guardian or Conservator 0 Other:--------------- Signer Is Representing : ---~------ Nationwide Mutual Insurance Company Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited [J General D Individual D Attorney in Fact 0 Trustee D Guardian or Conservator D Other: · Signer Is Representing: ________ _ ~~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800 -876-6827) Item #5907