19-012 Ecological Concerns, Inc., for Horticultural Services for Stevens Creek Corridor Park and RestorationI& PROFESSIONAL/CONSULTING SERVICES AGREEMENT
CUPERTINO
1. PARTIES
This Agreement is made and entered into as of December 18, 2018 ("Effective Date") by and
between the City of Cupertino, a municipal corporation ("City"), and Ecological Concerns Inc.
("Conti -actor"), a corporation, for horticultural services for Stevens Creek Corridor Park and
Restoration,
2, SERVICES
Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in
Scope of Set -vices, attached here and incorporated as Exhibit A.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on June 30, 2020 ("Contract
Time"), unless terminated earlier as provided herein, Contractor's Services shall begin on
January 1, 2019 and shall be completed by June 30, 2020.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the
Schedule of Performance, attached and incorporated here Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Contractor must have
sufficient time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services an amount that will based on actual costs but that will be capped so as not to exceed
$32,000.00 ("Contract Price"), based upon the scope of services in Exhibit A and the budget
and rates included in Exhibit C, Compensation attached and incorporated here. The maximum
compensation includes all expenses and reimbursements and will remain in place even if
Contractor's actual costs exceed the capped amount. No extra work or payment is permitted
without prior written approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable
completed and the amount due for the preceding month. Within thirty (30) days of completion of
Set -vices, Contractor must submit a requisition for final and complete payment of costs and pending
claims for City approval. Failure to timely submit a complete and accurate payment requisition
relieves City of any further payment or other obligations under the Agreement.
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5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint
venture of City. Contractor is solely responsible for the means and methods of performing the
Services and for the persons hired to work under this Agreement. Contractor is not entitled to
health benefits, worker's compensation or other benefits from the City.
5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors
that they have the qualifications and skills to perform the Services in a competent and professional
manner and according to the highest standards and best practices in the industry.
53 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that
they are properly licensed, registered; and/or certified to perform the Services as required by law
and have procured a City Business License.
54 Subcontractors. Only Contractor's employees are authorized to work under this
Agreement. Prior written approval from City is required for any subcontractor, and the terms and
conditions of this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and
equipment required to perform the Services under this Agreement.
56 Payment of Taxes. Contractor must pay 'income taxes on the money earned under this
Agreement. Upon City's request, Contractor will provide proof of payment and will indemnify
City for violations pursuant to the indemnification provision of this Agreement.
6. PROPRIETARY/CONFIDENTIAL INFORMATIO
In performing this Agreement, Contractor may have access to private or confidential information
owned or controlled by the City, which may contain proprietary or confidential details the
disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence
all City information provided by City to Contractor and use it only toperform this Agreement.
Contractor shall exercise the same standard of care to protect City information as a reasonably
prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in _ any
product, memoranda, study; report, map, plan, drawing, specification, data, record, document or
other information or work; in any medium (collectively, "Work Product"), prepared by Contractor:
in connection with this Agreement will be the exclusive property of the City and shall not be shown
to any third -party without prior written approval of City.
7.2 Copyright. To the extent permitted by Title 17 of U.S. Code, all Work Product arising out
of this Agreement is considered "works for hire" and all copyrights to the Work Product will be
the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may use copies of the Work Product for promotion only with City's written approval;
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73 Patents and Licenses. Contractor must pay royalties or license fees required for
authorized use of any third party intellectual property, including but not limited to patented,
trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product
of this Agreement.
7.4 Re -Use of Work Product. Unless prohibited by law and without waiving any rights, City
may use or modify the Work Product of Contractor or its sub -contractors prepared or created under
this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or
(d) Other Cityprojects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the
Work Product, on recycled paper and copied on both sides, except for one single -sided original.
. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor's performance, benchmarks and deliverables, which must be available
to City for review and audit. The records and supporting documents must be kept separate from
other records and must be maintained for four years from the date of City's final payment.
. ASSIGNMEhlT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, 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 Agreement 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.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of
this Agreement and for one year thereafter, will reference the City's contributions in snaking the
project possible. The words "City of Cupertino" will be displayed in all pieces of publicity,
including flyers; press releases; posters, brochures, public service announcements, interviews and
newspaper articles. No signs may be posted, exhibited or displayed on or about City property,
except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed bylaw, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold
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harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City,
from and against any and all liability, damages, claims, actions, causes of action, demands,
charges, losses, costs and expenses (including attorney fees, legal costs and expenses related to
litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from
this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations or warranties;
(b) Negligent or willful acts or omissions committed during performance of the Services;
(c) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub -subcontractors;
(d) Unauthorized use or disclosure of City's confidential and proprietary Information;
(e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark,
or service mark or other proprietary or intellectual property rights of any third party,
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 -patty claim, in accordance
with California Public Contract Code Section 9201. At City's request, Contractor will assist City
in the defense of a claim, dispute or lawsuit arising out of this Agreement.
11.3 Contractor's duties under this section are not limited to the Contract Price, workers'
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in
the Agreement shall be construed to give rise to an implied right of indemnity in favor of
Contractor against City or any Indemnitee.
11.4. Contractor's payments may be deducted or offset to cover any money the City lost due to
a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction,
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as
Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as
required by City. City will not execute the Agreement until City approves receipt of satisfactory
certificates of insurance and endorsements evidencing the type, amount, class of operations
covered, and the effective and expiration dates of coverage. Failure to comply with this provision
may result in City, at its sole discretion and without notice, purchasing insurance for Contractor
and deducting the costs from Contractor's compensation or terminating the Agreement.
13.1 General Laws. Contractor shall comply with all local, state and federal laws and
rec,ulations applicable to this Agreement. Contractor will promptlynotify City of changes in the
law or other conditions that may affect the Project or Contractor's ability to perform. Contractor
is responsible for verifying the employment authorization of employees perfoirning the Services,
as required by the Immigration Reforrn and Control Act.
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13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If
the Scope of Services includes a "public works" component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious
creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy,
age, sex, gender, sexual orientation, gender identity, Acquired-limmine Deficiency Syndrome
(AIDS) or any other protected classification. Contractor shall comply with all anti -discrimination
laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735,
1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination,
Contractor understands that harassment and discrimination directed toward a job applicant, an
eniployee, a City employee, or any other person, by Contractor or its employees or sub -contractors
will not be tolerated.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable
to this Agreement and must avoid any conflict of interest, Contractor warrants that no public
official, employee, or member of a City board or commission who might have been involved in
the making of this Agreement, has or will receive a direct or indirect financial interest in this
Agreement, in violation of California. Government Code Section 1090 et seq. Contractor may be
required to file a conflict of interest form if Contractor makes certain governmental decisions or
serves in a staff capacity, as defined in Section 18700 of the California Code of Regulations.
Contractor agrees to abide by the City's rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all
other rights and remedies available tinder the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14. PROJECT -COORDINATION
City Project Manager. The City assigns the Director of Public Works or his designee as the
City's representative for all purposes under this Agreement, with authority to oversee the
progress and performance of the Scope of Services. City reserves the right to substitute another
Project manager at any time, and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns John Morley
as its single Representative for all purposes under this Agreement, with authority to oversee the
progress and performance of the Scope of Services. Contractor's Project manager is responsible
for coordinating and scheduling the Services in accordance with the Scope of Services and the
Schedule of Performance. Contractor Must regularly update the City's Project Manager about the
progress with the work or any delays, as required under the Scope of Services. City written
approval is required prior to substituting a new Representative.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or pails therefor at any time. Contractor will be
compensated for satisfactory Services performed through the date of abandonment, and will be
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given reasonable time to assemble the work and close out the Services. With City's pre -approval
in writing; the time spent in closing out the Services will be compensated up to a maximum of ten
percent (10%) of the total time expended to date in the performance of the Services.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid
for satisfactory Services rendered through the date of termination, but final payment will not be
made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to
this Agreement must be filed with the Superior Court for the County of Santa Clara, State of
California. Contractor must comply with the claims filing requirements under the Government
Code prior to filing a civil action in court. If a dispute arises; Contractor must continue to provide
the Services pending resolution of the dispute. 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.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the
prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City's waiver of a breach shall not constitute waiver of another provision or breach. -
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between
the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written,
between the Parties. Any modification, of this Agreement will be effective only if in writing and
signed by each Party's authorized representative. No verbal agreement or implied covenant will
be valid to amend or abridge this Agreement. If there is any inconsistency between the main
Agreement and the attachments or exhibits thereto, the text of the main Agreement shall prevail.
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Each provision and clause required by law for this Agreement is deemed to be included and will
be inferred herein. Either party may request an amendment to cure mistaken insertions or
omissions of required provisions. The Patties will collaborate to implement this Section, as
appropriate.
23. HEADING$
The headings in this Agreement are for convenience only, are not a part of the Agreement and in
no way affect, limit or amplify the terms or provisions of this Agreement.
24. SEVERABILITYLPARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found
by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in
force and effect to the extent allowed by such ruling. All other terms and provisions of this
Agreement or their application to specific situations shall remain in full force and effect. The
Parties agree to work in good faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law
and Attorney Fees, shall survive the Agreement and remain in hill force and effect.
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To: City of Cupertino To: Ecological Concerns, Inc.
Department of Public Works 125 Walk Circle
10300 Torre Avenue, Santa Cruz, CA 95060
Cupertino, CA 95014
Attention: Director of Public Works Attention: John Morley
Email: timmbCaxt -runo org,
1!peitino.or
Email: jmorley@ecologicalconeems.com
This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract
provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time,
(b) is signed by the City Manager or an authorized designee, and (c) is approved for fort -n by the
City Attorney's Office.
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28. EXECUTIQN
The person executing this Agreement on behalf of Contractor represents and warrants that
Contractor has full right, power, and authority to enter into and carry out all actions contemplated
by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a
legally binding obligation of Contractor. This Agreement may be executed in counterparts, each
one of which is deemed an original and all of which, taken together, constitute a single binding
instrument;
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONTRACTOR CITY OF CUPERTINO
A Municipal Corporation
Name J'NJ L,1t51LET—(- Name
Title N16f-TU6?.�:.- 0i— Cra- III Titte
Date 1.. UIy 14' Date t
/--'5
p
APPROVED AS TO FORM:
Cupertino Acting City Attorney
ATTEST:
GRA
CE SCHMIDT
City Clerk
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Services are to consist of tasks noted below.
Basic Services Tasks
The city desires services by trained personnel that are professionally knowledgeable in
the installation, establishment and care of locally-native plant species for the Stevens
Creek corridor. The following plant care activities will be provided for the upland,
riparian and seeded/planted areas of the project site:
• Hand watering of non-irrigated plantings as needed. Watering frequency is to
accommodate weather, - temperature, day length, creek water level, site
conditions, plant root ball size and depth, exposure, sun/shade/overstory
presence, and other factors that affect plantings` water needs
• Periodic heavy watering/drenching of container trees and larger/container size
plant material as needed
• Weeding of planting basins
• Observation and recommendations on timing of irrigation for upland/irrigated
areas
• Troubleshooting and correction of minor irrigation problems [city staff to correct
non-minor items]
Adequate watering during establishment is the most critical task and is to be the top
priority.
As time allows, when the above tasks are handled, the following typical tasks may be
undertaken and related tasks as acceptable to City:
• Additional weeding outside of basins to help establishment of newly recruited
native seedlings and control growth of non-native. species. This may include
weed-whacking or selective weeding of particular invasive species and/or
nonnatives outside of planting basins.
• Select pruning/trimming/shaping/staking
• Removal of browse protection cages when not needed and from plants which
outgrow cages
• Broadcast native seed mix for erosion control or coverage. Additional
broadcasting ,may be requested for infill, cover, wildflower sowing or other
goals. Seed will be city-provided or may be billed as a reimbursable expense.
• Continuing removal of invasive non-native plant species with a; focus on creek
channel and banks, then upland areas
• Application of mulch materials
City of Cupertino -Ecological Concerns Inc. Page l of 4
Exhibits A-C
Unanticipated planting establishment activities may be needed because this is an
establishing restoration site in a dynamic riparian system. Any particular concerns or
significant observations will be regularly reported to City's designated representative.
The Scope of Services assumes that a complete watering effort requires 1.5 person-days
and assumes the following level of effort for basic services:
January
1 site visit, 2-person crew or equivalent
February, March and April
2 site visits, 2-person crew or equivalent
May
2.5 site visits, 2-person crew or equivalent
June
3 site visits, 2-person crew or equivalent
July, August and September
3 to 4 site visits, 2-person crew or equivalent
October
2.5 to 3 site visits, 2-person crew or equivalent
November and December
1.5 site visits, 2-person crew or equivalent
City of Cupertino — Ecological Concerns h1c. Page 2 of 4
Exhibits A-C
EXHIFIT 'fi'
�`
Services relating to establishment of native plantings for Stevens Creek Corridor
Park and Restoration shall commence January 1, 2019 continue through June 30, 2020.
The service period may be extended as acceptable to City.
Services are to be performed year round and specific timing may vary depending
on rainfall, temperature, and other variable site conditions.
Services are anticipated to be generally provided one to four days per month as
described in Exhibit A.
City of Cupertino — Ecological Concerns Inc. Page 3 of 4
Exhibits A -C
EXHIBIT III
Fee for Basic Services described herein, not to exceed: $ 25,000.00
Allowance for Additional Services 7,000.00
to be expended only upon written
authorization by City
Total Not -to -Exceed Fee: $ 32,000.00
Contract Amount $32,000.00
Account No. 100-84-813 700-702, 25,000.00
Account No. 427-90-881 900-905, 7,000.00
City of Cupertino — Ecological Concerns Inc. Page 4 of 4
Exhibits A -C
EXHIBIT
Insurance Requirements
Design Professionals & Consultants Contracts,
Consultant shall procure prior to connrnencement of Services and maintain for the duration of the contract, at
its own cost and expense; the following insurance policies and coverage with companies doing business in
California and acceptable to City:
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial GeneralLicability (CGL) for bodily injury, property damage, personal injury liability for
premises operations; products and completed 'operations, contractual liability, and _personal and
advertising injury with limits no less than $2,000,000 per occurrence (ISO Fornn CG 00 01) If a
general aggregate limit- applies, either the general aggregate limit shall :apply separately to this
project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits shallbemade available to the
-Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the
broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional hnsured coverage under Consultant's policy shall be "primary and non-contributory,"
will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO
Form CG 20 01 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or
excess insurance, provided each policy complies with the requirements set forth in this Contract: Any
urnbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply oil a primary and non-contributory basis for the benefit of City before the City's own
insurance or self-insurance shall be called upon to protect City as a named insured:
2. .Autoaaaobile Livability: ISO CA 00 01 covering any auto (including owned, hired, and non -owned
autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: As required by the State of California, with Statutory Limits and
Employer's Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
0 Not required. Consultant has provicleel written verification of no ernployees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's
profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a
claims :made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non -renewed; and not replaced with another claims -made policy form with
a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended
reporting" coverage fora minimum of five (5) years after completion of the Services.
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions.
Exh. D -Insurance Regidrenients forDesign Profauionals & Consultants Contracts Form Updated Feb. 201$
1
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
("Additional Insureds") are to be covered as additional insureds on Consultant's CGL policy. General
Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad
as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance
and shall not contribute to it.
Notice of'Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 clays in advance or 10 days in advance if due to non-payment ofpremiums.
Waiver of Sitbrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herenn. Specifically, the Workers'
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed
by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self -Insured Detentions
Any deductible or self-insured retention must be declared to and approved by the City. At City's option,
either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the
City/Additional Insureds or Consultantmust_show proof of ability to pay losses and costs related
investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to
provide, that the self-insured retention may be satisfied by either the insured or the City:
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A -VII, orbetter.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies
effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of
the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right
to demand verification of compliance at any time duringthe Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of
this Contract, including naming the City as an additional insured on subconsultant's insurance' policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained byConsultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
Ex1L D-Itrsurance Requirements for Design Professionals & Consultaws Contracts Form Updated Feb. 2018
z
.ACS CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY)
F`r... 12/17/2018
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 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 NAME: Christi Buchanan
PHO
CLGA Insurance Solutions AC N Ex (855)662-2522 AIC, No 15301662-1710
PO Box 1330 E-MAIL christi.buchanan@arm-i.com
ADDRESS:
-- ---- INSURERS AFFORDING. COVERAGE NAIC #
Woodland CA 95776 INSURERA:Contractors Bonding & Ins Co 37206
INSURED INSURERB:Oak Enver Insurance Company :34630
Ecological Concerns Incorporated, INSURERC:United States Liability Insurance Com z 25895
DBA: Central -Coast -Wilds _ INSURER D: Admiral insurance Com an 24856
125 Walk Circle INSURER E:
Santa Cruz -- _ CA 95060 INSURER F:
COVERAGES CERTIFICATE NUMBER:121718 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
CERTIFICATE HOLDER
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS:
INSR
LTR
TYPE OF INSURANCE - -
ADDL
SUBR
POLICY NUMBER
MM DDPOLICY/YYYY
XP
MM/DD/YPOLICY YYY
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE ❑X OCCUR
EACH OCCURRENCE $. 1,000,000
DAMAGE
PREMISES O a occurrence) $. 300,000
MED EXP (Any one person).. $ 5,000
X
Y-
A31ADF801
1/1/2019.
1/1/2020
PERSONAL &ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMITAPPLIES PER:
- POLICYFX E F—] LOC
GENERAL AGGREGATE $. 2,000,.000
-
PRODUCTS - COMP/OPAGG $... 2,000,.000
$.
OTHER.:. -
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT $ 1,000,000
Ea accident
BODILY INJURY (Per person) $
A
X
ANYAUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
X
Y
A31ADPBol
-.1/1/2019
1/1/2020
BODILY INJURY Per accident $
{ }
NON -OWNED
HIREDAUTOS .AUTOS
- -
-
-
PROPERTY DAMAGE
Per accident $
$.
X
UMBRELLA.LIAB
X
OCCUR.
EACH OCCURRENCE $ .5,000,000
AGGREGATE $ 5,000,000
A
EXCESS LIAB
CLAIMS -MADE
DED X RETENTION $ 10,000
$..
X
Y
A31UUF801
1/1/2019
1/1/2020.
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY YIN
X PER OTH-
STATUTE FIR :.
E.L. EACH ACCIDENT $ ..1,000,000
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICERIMB (Mandatory InNH .EXCLUDED?N
( �'y )
If ye s,. describe under
/A
-
Y
ECWC010578
1/1/2019
1/1/2020
_.,..
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
•-•—
DESCRIPTION OF OPERATIONS below.
-
---- --- -
- -
E.L. DISEASE - POLICY LIMIT S 1,000,000
C
.Professional: Liability
SP 15625336
3/7/2018
3/7/2019
Occurence/Aggregate 1M/2M
D
Pollution. Liability
FEI-ECC-23585-01
-9/10/2018
4/10/2019.
Occuience/Aggregate 1M/2M
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of _Cupertino; including its City Council, boards and commissions, officers, officials, agents,
employees, consultants and volunteers' is an additional insured as their interest may appear when required
by written contract. The certificate holder will receive 30 days notice of cancellation, 10 days for non
payment of premium. A waiver of subrogation applies in the certificate holders favor when required by
written contract. Coverage is on a primary & non-contibutory basis. Commercial Excess policy is
following form.
GailS@cupertino.org
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Cupertino
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
10300 Torre Avenue
ACCORDANCE WITH THE POLICY PROVISIONS.
Cupertino, CA- 95014-3202
AUTHORIZED REPRESENTATIVE
Gina Stanley/CHRIST
ACORD 25 (2014101)
INS025 (201401)
V 18t5t3-LU14 AUL)KIJ UUKI'UKAI IUN. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Policy Number: A31ADF801
THIS ENDORSEMENT CHANGES THE POLICY.
PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
_. REQUIRED Y CONTRACT
CONTRACTORS - WHERE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. WHO IS AN INSURED (Section II) is amended 2.
The Limits of Insurance applicable to the
to include as an insured any person(s) or organ-
additional insured are the lesser of the
ization(s) whom you are required to add as an
available limits in this policy, or those limits
additional insured on this policy pursuant to
you agreed to provide in the written contract
a written contract or written - agreement
or written agreement.
which is:
3.
With respect to the coverage provided un -
1. Valid and legally enforceable;
der this endorsement; the following duties
2. Currently in effect or becoming effective
are added to Section IV — Commercial
General Liability Conditions, paragraph 2.
during the term of this policy; and
Duties In The Event_ of Occurrence, Of -
3. Executed prior to an "occurrence" result-
fense, Claim or Suit: -
ing in "bodily injury" or "property dam-
e, An additional "insured under this endorse-
age.,,
ment will as soon as practicable:
B. When required in the written contract or written
(1) Give written notice of an "occur -
agreement, the coverage- provided to the addi-
rence" to us which may result in a -
tional insured under this policy shall be primary
claim or "suit" under this insurance;
and non-contributory to the additional insured
subject to the limitations set forth below.
O Agree to trigger or activate any other --
C. The insurance provided to the additional insured
insurance which the additional in -
sured has for a loss we cover under
is limited as follows:
this Coverage Part by tendering the
1. The person or organization is an additional
defense to the insurers of all such -
insured only with respect to liability for
other insurance.
"bodily injury" or "property damage" 4.
If required by the written contract or written
caused, in whole or in part, by: -
agreement, we waive the right of recovery
a. Your acts or omissions; or
we may have against the additional insured
to which this endorsement applies for pay-
b. The acts or omissions of those acting
ments we make for "bodily injury" or "prop -
on your behalf;_
erty damage" arising out of "your work" on
In the performance of your ongoing opera-
the written contract or written agreement.
tions as specified in the written contract.
However,- such waiver does not apply to
payments for liability apportioned to the ad -
When required in the written contract or
ditional insured.
written agreement; the coverage provided to .
the additional insured by this endorsement
Unless otherwise agreed in the written con -
will_ apply to "bodily injury' or "property
tractor written agreement, this insurance is
damage" :arising out of the -"products-
excess over any other .insurance whether
completed operations hazard." When cov-
contingent or d any other
basis
era e does apply to "bodily injury" or "
g pp Y Y� J Y prop-
that i available
basis that is available to the additional in -
erty damage" arising out of the "products-
cured.
completed operations hazard" such cover-
age will cease at the earliest of the follow-
ing:
a. The period of time specified by the writ-
ten contract or written agreement; or
b. The expiration date of this policy.
RGL 350 0615 Includes copyrighted material of Page 1 of 1
Insurance Services Office; Inc., with
its permission.
Policy Number: A3"l.ADF801
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY;
ADDITIONAL INSURED - AMENDMENT OF CANCELLATION PROVISIONS
OR COVERAGE CHANGE
Any term or provision of the Cancellation Conditions of the policy or any endorsment amending or replacing such
Conditions is amended by the following:
If you have agreed in a written contract or written agreement to provide a person or organization who
qualifies as an additional insured under this policy a notice of cancellation and/or material change that
reduces or restricts the insurance afforded by this Coverage Part we agree to the following:
a. Provide 30 days prior written cancellation moice for reasons other than nonpayment of
premium and/or 30 days prior written notice of coverage change per schedule of additional
insureds provided to us.
17-491 (10/10) Page 1-of I
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 041013
(Ed. 9=14)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA
BLANKET BASIS
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 appliesonlyto the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such
remuneration. The minimum premium for this endorsement is $350.
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
SCHEDULE
BLANKET WAIVER
Person/Organization Blanket Waiver — Any person or organization for whom the Named Insured has
agreed by written contract to furnish this waiver:
Job Description Waiver Premium
All CA Operations 2483.00
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 01/01/2019 Policy No. ECWC010578 Endorsement No.
Insured Ecological Concerns Incorporated Premium
Insurance Company Oak River Insurance Company
Countersigned by _
WC 99 04108
(Ed. 9-14)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Changes in General Conditions for Hired Auto Physical Damage
G. Fellow Employee Coverage
H. Auto Loan Lease Gap Coverage
1. Glass Repair —Waiver Of Deductible
J. Personal Effects Coverage
K. Hired Auto Physical Damage Coverage
L. Hired Auto Physical Damage — Loss Of Use
M. Hired Carr Worldwide Coverage
N. Temporary Transportation Expenses
0. Amended Bodily Injury Definition — Mental Anguish
P. Airbag Coverage
Q. Amended Insured Contract Definition - Railroad Easement
R. Coverage Extensions Audio, Visual And Data Electronic Equipment Not Designed Solely For
The Production Of Sound
S. Notice Of And Knowledge Of Occurrence
T. Unintentional Errors Or Omissions
U. Towing Coverage
CBCA 00 45 0514 Includes copyrighted material of Page 1 of 6
Insurance Services Office; Inc:, with its permission
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. - Broad Form Named Insured
quired to do so in a contract or agreement
The following is added to SECTION 11 —
that is executed by you before the "bodily in -
"property
COVERED _ AUTOS __ LIABILITY COVER-
Jury" or damage" occurs, -
AGE, Paragraph A. Coverage, 1. Who Is
D. Blanket Waiver Of Subrogation
AnInsured:
The following is added to SECTION IV -
Any business entity newly acquired or
BUSINESS _ AUTO CONDITIONS, Para -
formed by you during the policy period, pro-
graph A. Loss Condition, 5. Transfer of
vided you own fifty percent (50%) or more of
Rights- Of Recovery Against -Others -'To
the business entity and the business entity is
Us:
not separately insured for Business Auto
We waive any right of recovery_ we may
Coverage. _ Coverage is extended up to a
have against any person or organization to
maximum of one hundred eighty (180) days
the extent required of you by a contract exe-
following the acquisition or formation of .the
cuted prior to any "accident" or "loss", pro-
business entity. -
vided that the "accident" or "loss" arises out
This provision does not apply to any person
of the operations contemplated by such con -
or organization for which coverage is ex-
tract. The waiver applies only to the person
eluded by endorsement.
or organization designated in such contract.
B. Employees as Insureds
E. Employee Hired Autos
The following is added to SECTION11—
The following is added to SECTION 11 —
COVERED AUTOS LIABILITY COVER-
COVERED AUTOS LIABILITY- COVER-
AGE, Paragraph A. Coverage, 1, Who Is
AGE, Paragraph A. Coverage, 1. Who Is
An Insured:
An Insured Provision:
Any "employee" of yours is an "insured"
An "employee" of your is an "insured" while
while using a covered "auto" you don't own,
operating an "auto" hired or rented under a
hire or borrow in your business or your per-
contract or agreement in that "employee's"
sonal affairs:
name, with your permission, while perform -
C. Blanket Additional Insured
ing duties related to the conduct of your
business.
The following is added to SECTION 11 —
F. Changes In General Conditions For Hired
COVERED AUTOS LIABILITY COVER-
Auto Physical Damage:
AGE, Paragraph A. Coverage, 1. Who is
An Insured:
SECTION IV - BUSINESS AUTO CONDI-
Any person or organization that you are re-
TIONS, Paragraph B. General Conditions,
-
quired to include as an additional insured on
5._ ®thea Insurance b: For Hired .Auto
this coverage form in a_contract or agree-
Physical Damage Coverage is deleted and
ment that is executed by you before the
--replaced with he following:...-
"bodily injury" or "property damage" occurs
b. For Hired Auto Physical Damage Cov-
is an "insured" for liability coverage; but only
erage, the following are deemed to be
for damages to which this insurance applies
covered "autos" you own:
and only to the extent that person or organi-
"insured"
(1) Any covered "auto" you lease, hire,
zation- qualifies -as'an under the
rent or borrow; and
Who is An Insured provision contained in
SECTION 11 — COVERED AUTOS LIABIL-
(2) Any covered "auto" hired or rented
1TY COVERAGE.
by your "employee" under contract
The insurance provided to the - additional
in that individual "employee's"
insured will be on a primary and non-
name, with your permission, while
contributory basis to the additional insured's
performing duties related to the
-own business auto coverage if you are re-
conduct of your business.
CBCA 00 45 05 14 Includes copyrighted material of Page 2 of 6
Insurance Services Office, Inc., with its permission
However any "auto" that is leased, hired,
J. Personal Effects Coverage
rented or borrowed with a driver is not a
"auto".
The following is added to SECTION III =
covered
PHYSICAL DAMAGE COVERAGE, Para -
G. Fellow Employee Coverage
graph A. Coverage, 4. Coverage Exten-
SECTION 11 — COVERED AUTOS LIABIL-
sions:
ITY COVERAGE, -- Paragraph -- B. Exclu-
c. Personal Effects Coverage
sions, 5. Fellow Employee does not apply
In the event of a total theft loss of your
if you have workers compensation insurance
covered "auto" we will pay up to $400
in -force covering all of your employees.
for "loss" to wearing apparel and other
H. Auto Loan Lease Gap Coverage
personal effects which are:
The following is added to SECTION III —
(1) Owned by an "insured"; and
PHYSICAL "DAMAGE COVERAGE, Para-
(2) In or on your covered "auto";
graph C. Limits Of Insurance:
In the event of a total "loss" to a covered
No deductible applies to Personal Ef-
"auto" shown in the Schedule of Declara-
fects Coverage:
tions, we will pay any unpaid amount due on
K. Hired Auto Physical Damage Coverage
the lease or loan fora covered "auto' less:
The following is added to SECTION III -
1. The amount paid under the PHYSICAL
PHYSICAL DAMAGE COVERAGE, Para -
DAMAGE COVERAGE section of the
graph _ A. Coverage, 4. _ Coverage Exten-
policy; and
cions: -
2. Any:
d. Hired Auto Physical `Damage Cover-
a. Overdue lease/loan payments of the
age
time of the "loss";
if hired "autos" are covered "autos" for
b. Financial penalties imposed under a
Liability Coverage andthispolicy also
lease for excessive use, abnormal
provides Physical Damage Coverage for
wear and tear or high mileage.
an owned "auto', then the Physical
"au
Damage Coverage is extended to -
c. Security deposits not returned by
tos" that you hire; rent or borrow subject
the lessor;
to the following:
d Costs for extended warranties,
(1) The most we will pay for "loss" in
Credit Life Insurance,_ Health,-Acci-
any one "accident" to a hired, rented
dent or Disability Insurance- pur-
or borrowed "auto" is the lesser of:
chased with the loan or lease; and
(a) $60,000
e. Carry-over balances from previous
(b) The actual cash value of the
loans or leases.
damaged or stolen property as
1. Glass Repair - Waiver Of Deductible
of the time of the "loss"; or
The following is added to SECTION III —
(c) The cost of repairing or replac-
PHYSICAL DAMAGE COVERAGE, Para-
ing the damaged or stolen prop -
graph D. Deductible:
erty with other property of like
No deductible for a covered "auto" will apply
kind and quality.
to glass damage if the glass is repaired ra-
--(2) An adjustment for depreciation and
ther than replaced,
physical condition will be _ made in
the event ofa total "loss"
(3) If repair or replacement results in
better than like kind or quality, we
will not pay for the betterment.
CBCA 00 45 05 14 Includes copyrighted material of Page 3 of 6
Insurance Services Office, Inc., with its permission
(4) A deductible equal to the highest
applies, caused by an "accident"
Physical Damage deductible_ appli-
which occurs outside of, the United
cable to any owned auto will apply.
States of America; the territories
(5) This Coverage Extension will not
and possessions of the United
apply to:
States of America, Puerto Rico and
Canada resulting from the mainte-
(a) Any "auto" that is hired, rented
nance, or use of any covered "auto"
or borrowed with a driver; or
of the private passenger type you
(b) Any "auto" that is hired, rented
lease, hire, rent or borrow without a
or borrowed from your "employ-
driver for thirty (30) days or less. -
ee".
(2) With respect to any claim made or
However this coverage extension is ex-
"suit" instituted outside the United
over any collectible insur-
States of -America, the territories
.cess .other
ance, rather primary, excess, contingent
and - possessions of the United
or on any other basis. This coverage ex-
States of America, Puerto Rico, and
tension isalsoexcess over any hired
Canada:
auto physical damage coverage covered
(a) You shall undertake the investi-
by this policy if shown on the declaration
gation,- settlement and defense
page.
of such claims and "suits" and
L. Hired Auto Physical Damage =Loss Of
keep us advised of all proceed -
Use
Ings and actions.
The following is added to SECTION 11 -
(b) You will not make any settle-
COVERED AUTOS LIABILITY COVER-
ment without our consent.
AGE, Paragraph A. Coverage, 2. Coverage
(c) We will reimburse you:
Extensions:-
(i) For the amount of damages
e. We will pay sums which you legally -
because of liability imposed
must pay to the lessor of a covered "au-
upon you by law on account
to" which you have leased without a
of "bodily injury" or "property
driver for thirty (30) days or less for the
damage" to which this in -
lessor's loss of use of the covered "au-
surance applies, and
to", provided:
(ii) For all reasonable expenses
(1) This insurance provides compre-
incurred with our consent in
hensive, specified causes of loss or
connection with the investi-
collision coverage on the covered
gation, _ settlement or -de-
"auto";
fense of such claims or
(2) The loss of use results from the
"suits". Reimbursement for
covered "auto" being damaged in an
expenses will be part off the
the
while you are leasing it.
Limit of Insurance for liabil-
ity coverage shown in the
We will pay up to a maximum limit of
Business Auto Coverage
$1;500 for this coverage extension:
Declarations, and not in ad -
M. Hired Care -Worldwide Coverage
dition to such limits.
The following is added to SECTION 11 —
(3) The limit of insurance for Liability
COVERED AUTOS LIABILITY COVER-
Coverage shown in the :Business
AGE, Paragraph A. Coverage, 2. Coverage
Auto Co erage Declarations is the
Extensions:
most will reimburse you for the
sum of all damages imposed on
f. Hired Gar -Worldwide Coverage
you; as set forth in paragraph (2)(c)
(1) We will pay all sums an "insured"
above, and all expenses incurred by
"acci-
legally must pay as damages be-
you arising out of any single
"loss".
cause of "bodily injury„ or "property
dent or
damage" to which this insurance
CBCA 00 45 05 14 Includes copyrighted material of Page 4 of 6
Insurance Services Office, Inc., with its permission
(4) You must maintain the greater of the
hours after the covered "loss" and
following primary auto liability insur-
ends at the time when the covered
ance limits;
"auto" can be reasonably repaired or
(a) Compulsory admittedinsurancereplaced.
with limits required to be in force
(4) This coverage does not apply while
to satisfy the legal requirements
there are spare or reserve "autos"
of the jurisdiction where the ac-
available to you for your operations.
cident occurs; or
0. Amended Bodily Injury Definition - Men -
(b) Insurance limits required by law
#al Anguish
and issued by government en-
tity or by an insurer licensed or
The following is added to SECTION V -
permitted by law to do business
DEFINITIONS, Paragraph C. `Bodily Inju-
in the jurisdiction where the "ac-
cident" occurs; or
- C. "Bodily injury" also includes mental an -
(c) Auto liability insurance limits of
guish, but only when the mental anguish
at least $300,000 combined sin-
arises from other bodily injury, sickness
gle limit or $100,000 per person
or disease.
/ $300,000 per accident Bodily
P. Airbag Coverage
Injury, $100,000 Property Dam-
age.
The following is added to SECTION III -
PHYSICAL DAMAGE COVERAGE, Para -
If you fail to comply with the above
graph B. Exclusions 3.a.:_
this insurance is not _ invalidated.
However in the event of a "loss", we
However, this exclusion will not apply to ac -
will pay only to the extent that we
cidental discharge of an airbag due to me -
would have been liable had you so
c
hanical or electrical breakdown:
complied._
Q. Amended Insured Contract Definition
(5) The insurance provided by this cov-
Railroad Easement
erage extension is excess over any
SECTION V - DEFINITIONS Paragraph H.
other collectible insurance available
"Insured contract" is amended as follows'
to you _whether on a _primary, ex-
cess,
cess, contingent or any other basis.
1. Paragraph H.3. is replaced by the fol-
N. Temporary Transportation Expenses
3. Any easement or license agree -
SECTION III — PHYSICAL DAMAGE COV-
menta
ERAGE, Paragraph A. Coverage, 4. Cov-
erage Extensions, a. Transportation_ Ex—
pense is deleted and replaced by the follow-
R. Coverage Extensions — Audio, Visual
ing: --
And Data Electronic Equipment Not De -
a. Transportation Expenses
signed Solely For The Production Of
Sound
(1) We will pay up to a maximum of
$1,500 for temporary, transportation
SECTION III — PHYSICAL DAMAGE COV -
expense incurred by you because of
ERAGE,_ Paragraph B. Exclusions, 5.a.
Physical. Damage o a covered "au_
Exclusions 4.c. and 4.d. do not apply is
to".
deleted and replaced with the following:
(2) Wewillpay only for those covered
a. Equipment and accessories used with
«autos" for which you carry Compre-
such equipment, except for tapes, rec-
hensive, - _ Collision or Specified
ords, discs or other electronic media de -
Cause of Loss Coverage:
vice, provided such equipment is per-
manently installed in the covered "auto"
(3) We will pay only for those expenses
at the time of the "loss" or is removable
incurred by you during the period of
from the housing unit which is perma-
time that begins twenty-four (24)
nently installed in the covered "auto" at
CBCA 0045 0514 Includes copyrighted
material of Page 5 of 6
Insurance Services Office, Inc:; with its permission
the time of the "loss", and such equip-
U. Towing Coverage
ment is designed to be solely operated
"autos"
SECTION III - PHYSICAL DAMAGE COV -
by use of the power from the
ERAGE, Paragraph A. Coverage, 2. Tow -
electrical system, in or upon the covered
"autos";
ing is deleted and replace by the following:
or
S. Notice Of And Knowledge Of Occurrence
2. Towing
SECTION IV — BUSINESS AUTO CONDI-
We will pay up to $750 for towing and
TIONS, Paragraph A. Loss Conditions, 2.
labor costs incurred each time a _ cov-
"auto"
Duties In The Event Of Accident, Claim,
ered is disabled due to a covered
Suitor Loss, subparagraph a. is deleted
cause of loss. However:
and replaced with the following:
a. All labor must be performed at the
a. In the event of "accident", claim, "suit" or
place of disablement; and
"loss", you must give us or our author-
b. If the covered auto is a private pas-
ized representative prompt notice of the
senger type; no deductible applies;
"accident„ or "loss" including: _
and
(1) How, when and where the
c. If the covered auto is not of the pri-
"accident" or "loss" occurred;
vate passenger type, our obligation
(2) The "insured's" name and address;
to pay will be reduced by a $250
and
deductible per disablement.
(3) To the extent possible, the names
and addresses of any injured person
and witnesses.,
Your duty to give us or our authorized
representative prompt notice of the "ac-
cident"_or "loss" applies only when the
"accident„ or "loss" is known to:
(1) You; if you are an individual;
(2) A partner if you are a partnership, or
(3) An _ executive officer or insurance
manager; if you are a corporation.
T. Unintentional Errors Or Omissions
The following is added to SECTION IV —
BUSINESS AUTO CONDITIONS, Para-
graph B. General Conditions, 2. Conceal-
ment, Misrepresentation or Fraud:
The unintentional omission of, or uninten-
tional error in, any information given by you
shall not prejudice your rights under this in-
surance. However, this provision does not
affect our right to collect additional premium
or exercise ourrightof cancellation or non-
renewal.
CBCA 00 45 0514 Includes copyrighted material of Page 6 of 6
Insurance Services Office, Inc., with its permission