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19-018 Superior Hydroseeing, Inc., for Hydroseeding Turf Renovation Project
CITY OF a PUBLIC WORKS CONTRACT $60,000 OR LESS CUPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on March 25, 2019 ("Effective Date") by and between the City of Cupertino , a municipal corporation ("City"), and Superior Hydroseeding , Inc. , a Corporation ("Contractor") for Hydroseeding Turf Renovation Project 2. SCOPE OF WORK Contractor will perfonn and provide all labor , materials, equipment , supplies , transportation and any other items or work necessary to perfonn and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3 .1 Term. This Contract begins on the Effecti ve Date and ends on June 30, 2019 ("Contract Time") unless tenninated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both paiiies and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's perfonnance and completion of the Work. Contractor must have sufficient time , resources , and qualified staff to deli ver the work on time . 3.3 Liquidated damages of$ 200.00 will be charged for each day of unexcused delay , or City may deduct the amount from Contractor 's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain , such as loss of public confidence in City and its contractors , interference or loss of use of public facilities , and extended disruption to the public . 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $6,618 .13 ("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 perfonned during the preceding month, itemizing labor, materials , equipment and Public Works Project Hydroseeding Turf Renovation Project Public Works Contract $60,000 /Rev. Jan. 02 , 2019 Page I of 11 any incidental costs inctmed. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City 's acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the mean s 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 wan-ants on behalf of itself and its subcontractors that they have the qualifications and skills to perfonn the Work in a competent and professional manner and according to the highest standards and best practices in the industry . 5.3 Permits and Licenses. Contractor wan-ants 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-27 , 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 tenns 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 perfonn 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 assigmnent of the Contract and subject to City approval, which shall not be umeasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs , successors and pennitted assigns Public Works Project Hydroseedinq Turf Renovation Project Public Works Contract $60 ,000 /Rev . Jan . 02 , 2019 Page 2 of 11 8. PUBLICITY/ SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity , flyers , press releases , posters , brochures , interviews , public service a1mouncements and newspaper articles. No signs may be posted or displayed on or about City property , except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces , e xc ept that Contractor may hire qualified subcontractors to perform up to 50 % of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from perfonning Work on the Project, if City in its sole discretion detennines that subcontractor 's Work falls shoti 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 perfonn the subcontractor's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks perfonned, the number of workers , the hours, the equipment, the weather conditions , and any circumstances affecting perfonnance. City will have ownership of the reports , but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HV AC systems ; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail , and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation . 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles , which must be available for City review and audit , kept separate from other records , and maintained for four years from the date of City's final payment. Public Works Project Hydroseedinq Turf Renovation Project Public Works Contract $60 ,000 /Rev . Jan. 02 , 2019 Page 3 of l l 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law , and except for losses caused by the sole and active negligence or willful misconduct of City personnel , Contractor shall indemnify, defend, and hold hannless City , its City Council, boards and commissions, officers , officials, employees, agents , servants , volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages , claims, stop notices , actions , causes of action, demands , charges , losses and expenses (including attorney fees , legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Perfonnance or nonperfonnance of the Work or of any obligations under the Contract by Contractor, its employees , agents , servants , subcontractors or subcontractors ; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site ; and ( d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-paiiy claim, in accordance with California Public Contract Code Section 9201. At City 's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor 's duties under this entire Section are not limited to Contract Price, Workers' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give 1ise to any implied right of indemnity in favor of Contractor against City or any other Inde1m1itee. 11.4 Contractor 's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements , attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance at Contractor's expense, deducting the costs from Contractor's compensation, or tenninating the Contract. Public Works Project Hydroseedina Turf Renovation Project Public Works Contract $60,000 /Rev . Jan. 02 , 2019 P age 4 of 11 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor 's ability to perfonn. Contractor is responsible for verifying the employment status of employees perfonning the Work, as required by the Immigration Refonn and Control Act 13.2 Labor Laws. (a) Contracts of $1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i) Prevailing wage laws under Labor Code Section 1775, which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification, or type of worker needed to perform the Work, including health, pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR ; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812, and electronically submit them to the Labor Commissioner as required by the regulations of California, Department of Industrial Relations ("DIR"); (iv) . Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of $ 200.00 per worker for each day of violation. ( c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before c01mnencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. Public Works Project Hydroseedina Turf Renovation Project Public Works Contract $60,000 !Rev . Jan . 02, 2019 Page 5 of l l 13.4 Conflicts of Interest. Contractor, its employees , subcontractors , servants and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation oflaw, including Govermnent Code section 1090 and Govermnent Code section 81000 and their accompanying regulations. No officer, official , employee, consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contract, as that term is defined by state law , or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees , subcontractors , servants and agents warrant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest fonn if it makes certain govermnental decisions or serves in a staff capacity , as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or tenninating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond , each in the penal sum of 100% of the Contract Price , using the Bond Fonns attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so , City may in its sole discretion and without prior notice , purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or tenninate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert ("USA ") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits , City's Service Center must be called at (408) 777-3269. Govermnent 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 Govermnent Code Section 7104, Contractor must stop work , notify City in writing , and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Perfonnance, Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117 , and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor ; and Public Works Project Hydroseedinq Turf Renovation Project Public Works Contract $60 ,000 /Rev . Jan. 02 , 2019 Page 6 of 11 (c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval , per Labor Code Section 6705 prior to commencing work. The plan must show the design of shoring, bracing, sloping and other provisions for worker protection from caving ground and other hazards . The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards , it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning stonn 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 stonn drains , and must upgrade and maintain these controls based on weather conditions or as otherwise required by City . These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to , the following requirements : (a) Install stonn drain inlet protection devices such as sand bag baiTiers , filter fabric fences , and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities . Shovel or vacuum saw-cut sluny 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 stonn drains prior to rain and at the end of each work day. When the Work is completed , wash the streets 1 collect and dispose of the wash water off site in lawful manner; ( d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed . Clean up any leaks , drips , and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stonnwater Quality Association and California Best Management Practices Municipal and Construction Handbooks , local program guidance materials from municipalities , and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices , citations , Work stop orders and regulatory fines . Public Works Project Hydroseedinq Turf Renovat ion Project Public Works Contract $60,000 /Rev. Jan . 02, 2019 Page 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns Brian Gathers , Public Works Supervisor 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 Morgan Kost ___________________ as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor 's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 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 perfonned 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 perfonning the Work. 18.2 City may tenninate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the tennination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay , abridge or bar City's right under this Section. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104 , incorporated here by reference , apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Govenunent 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 legal action, files a complaint or cross-complaint, or pursues arbitration , appeal , or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs . Public Works Project Hydroseedinq Turf Renovation Project Public Works Contract $60 ,000 /Rev. Jan. 02, 2019 Page 8 of 11 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City's property, except signage which is required by law or by the Contract , without City 's prior written approval as to size , design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality , and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials and equipment should pass to City free of claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City 's acceptance of the Work as complete ("Warranty Period"), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period , Contractor will repair or replace any Work defects or materials , including damage that arises from Contractor's Wananty Work , except any wear and tear or damage resulting from improper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attachments , documents , and statutes attached , referenced , or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City . If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract tenns will control. 28. SEVERABILITY /PARTIAL INVALIDITY If a court finds any tenn or provision of this Contract to be illegal, invalid or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties , indemnities , payment obligations, insurance and bonds , shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project Hydroseedina Turf Renovat ion Project Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 9 of l l 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be infe1Ted herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions , titles , and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts , each of which is an original and all of which taken together shall fonn one single document. 20. NOTICES All notices, requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confinned by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail , postage prepaid, registered or ce1iified , or the next business day following electronic submission: To City of Cupertino: 10300 Ton-e Avenue, Cupertino CA 95014 Attention: Brian Gath ers, Publi c Work s Sup ervi sor Copy to: Carl Valdez, Superintendent Email: briang@ cupe1iino.org 30. VALIDITY OF CONTRACT To Contractor: Sup eri or Hydro see din g Attention: Mor gan Ko st _ _:___ __________ _ Copy to: Email: Morgan@ superiorhydroseeding .net This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3 .23 , (b) is signed by the City Manager or an authorized designee , and (c) is approved for form by the City Attorney's Office. 32. EXECUTION The persons signing below waITant 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 . Public Works Project Hydroseedinq Turf Renovation Project Public Works Contract $60 ,000 /Rev . Jan . 02 , 2019 Page 10 of 11 IN WITNESS WHEREOF , the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Superior Hydroseeding 250 W. Riverside Dr. Watsonville, CA. 95076, Corooration By: __ YV\'---'-~~-----'1\'-'--in-______ _ Title: Morgan Kost, CEO 2-5-2019 Signature Date: ~ S 1 ?-o\ 0 t APPROVED AS TO FORM: ' By: CITY OF CUPERTINO, a Municipal Corporation ' Title: Director of Public Works Signature Date: _.J;....,·~-o-"+;~~+--7 ______ _ ~CIO V FIERRE) He 11\.rl-. e..( ,'),. vY\ '. (l t'\ e \ Cupertino City Attorney ATTEST: By: ~Lt""'d;t 2~ 2%17 GRACE SCHMIDT, City Clerk Public Works Project Hvdroseedinq Turf Renovation Project Public Works Contract $60,000 !Rev. Jan . 02 , 2019 Page 11 of 11 Superior Hydroseeding, Inc. Erosion Control • Revegetative Planting • Straw Blowing Calif. Lie. 683292 Certified SWBE & U/DBE 250 W . Riverside Dr. QUOTATION FOR: Attn : Mr. Cliff Mabutas City of Cupertino 10555 Mary Avenue Cupertino , CA Watsonville, CA 95076 Phone (831) 763-1811 (408) 655-9624 cliffm@cupertino.org morgan@superiorhydroseeding .net (page 1 of 3) CDOT SWBE & UDBE Firm No. 7183 DIR REGISTRATION N0.1000009317 Job Name: City of Cupertino Fie ~xH 18 IT [3 Locations in Cuperti ti:. A Date: 6/21/2018 d Date: 6/21/2018 Unit Description: Unit Qntty Price Total Location 1 SOFT 42 ,767 $ 0.122 $ 5 ,217 .57 Location 2 SOFT 3,099 $ 0.122 $ 378 .08 Location 3 SOFT 8 ,381 $ 0.122 $ 1,022.48 Total Job Price: $ 6 ,618.13 Terms and Conditions (To be included in subcontract): 1) Mobilization, Stand-by Traffic: Move in(s) Included Additional moves Stand-by time/hr. Traffic control by others 2) On-Site Water Requirements: 3) Payment: Metered Hydrant (200 GPM) Dedicated Water Truck Service Other Hose Bib 10 GPM Minimum C .O .D . Net 15 without Pre-lien Net 45 Pre-lien information requ ired Purchase Order Subcontract One $800 Each -"'-----"'"-$4_0_0_See Terms & Conditions page 2. x If necessary ---- 7,700 Total Gallons __ x __ on site; meter and water to be provided by The City of Cupertino ____ 3,000 capacity, 200 GPM discharge ____ approximate hours of use Note : ----Superior Hydroseeding, Inc. must be in possession ---- ----of a fully exectued purchase order before X the work quoted herein can be scheduled, ----or materials ordered. Superior Hydroseeding, Inc. Calif. Lie . 683292 QUOTATION PAGE 2 Terms and Conditions continued (To be included in subcontract): Job Name: City of Cupertino Fields (3 Locations in Cupertino] Date: 6/21/2018 Bid Date: 6/21/2018 X 4) Quote excludes site-prep, reseeding, maintenance, and guarantee/warranty. ------- ___ x ___ S) Overspray may _splatte~ concrete work and buildings . cC i1-;\./e 1H.l18 IT A a clean hydroseedmg proJect. [:. A 'I cmpltd by CM 6) Client to provide an accurate field measurement of all work areas at time of scheduling . 6/19/2018 This field measured quantity will be the (minimum final) invoiced quantity . X 7) Superior Hydroseeding, Inc. can provide material submittals and insurance certificates upon receipt of this signed quotation , a purchase order, subcontract or letter of intent. We cannot accept electronic subcontracts, purchase orders or WOA'S exceeding 8 pages . X 8) A representative of The City of Cupertino must be present at start of work to show Superior Hydroseeding's field personnel the limits of the work. X 9) Stand-by time will be charged at rate shown on page 1 due to the following delays in work : inadequate water source, traffic control, unprepared site, field representative absent from site or other. X 10) Cancellations of executed subcontracts, purchase orders or quotations (beyond 3 days of acceptance), may be subject to administrative fees . Not to exceed 15% of contracted total. ThisQuoteisacceptedby: ~~ (p,'4). S"40~/2 U{St>R. An authorized signatory T'itle 21~1, f Date Quote contingent upon receipt of signed acceptance (3 pages) within ten days of bid date, at which time , we will call to schedule work described herein. ~~ Morgan Kost 6/21/2018 Our schedule has availability in July. Please sign & return this 3 page quote immediately to contract a date. NOTICE TO OWNER Under the California Mechanics' Lien Law , any contractor, subcontractor, laborer, supplier or other person or entity who helps to improve your property, but is not paid for his or her work or supplies , has a right to place a lien on your home, land , or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe . This can happen even if you have paid your contractor in full if the contractor's subcontractors, laborers or suppliers remain unpaid . To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or materials suppliers are each re - quired to provide you with a document called a "Preliminary Notice." Contractors and laborers who contract w ith owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property if you are not paid . It's purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid . In order to protect their lien rights , a contractor, subcontractor, supplier or laborer must file a mechanics' lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project. Superior Hydroseeding, Inc. Calif. Lie . 683292 QUOTATION PAGE 3 Specifications Phone : (831)-763-1811 EXHIBIT A Job Name: City of Cupertino Fields Location : [3 Locations in Cupertino] Turf Seed Mix: AQUA WISE™ SPORTSCLUB 50/50 RYE/ BLUE 20% Manhattan 5 GLR Perennial Ryegrass 20% PR2190 Perennial Ryegras 20% PR2105 Perennial Ryegrass 20% Bedazzled Kentucky Bluegrass 20% Water Works Kentucky Bluegrass Hydroseed Slurry Materials: Seed @ 350#/acre Fertilizer @ 500#/acre --16-6-8 NPK Turf Supreme by Best Fiber @ 2000#/acre --Cellulose Fiber Mulch Application Method: Slurry materials will be applied to all designated areas in a one step application process . Multiple tank loads will be applied to achieve the specified rates of coverage. Date: 6/21/2018 Bid Date: 6/21/2018 LBS/Acre 350 PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects -$60,000 Insurance Requirements: Exhibit B Contractor shall 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 damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives , employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as : 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" 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 employer '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 injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then 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. 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 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. D N/A if box checked (Contract is not design/build). 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with limi~ual to the completed value of the project and no coinsurance penalty provisions. ~ NIA if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts -$60,000 Version: Jan . 2019 6 . Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no l~J;han $1,000,000 per occurrence or claim , and $2,000,000 policy aggregate. k'.r NIA if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limit s than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limit s maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of in surance 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: (I) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City , its officers , officials, employees , and volunteers ; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration , and defense expenses. The policy language sha ll provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished . Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor's insurance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City 's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory" basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at le ast 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion , to accept an Installation Floater policy instead of Builder's Risk. For such projects, the Property Installation F loater shall include improvement, remodel , modification, alteration , conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City 's site. Insurance Requirements for Construction Contracts -$60,000 Version : Jan. 2019 2 Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best's financial strength rating of"A" or better and a financial size rating of "VII" or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements , required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. insurance Requirements for Construction Contracts -$60,000 Version: Jan. 2019 3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 10/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poli cy(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 ~2:i~CT Mary Myrick-Sunkler, CISR Scurich Insurance Services rlJgN:o Extl: (831) 661-5697 I FAX IA/C Nol : (831) 66 1 -5741 License #0436405 !cMDA~~ss :mary@scurichinsurance .com P.O. Box 1170 INSURER(S) AFFORDING COVERAGE NAIC# Watsonville CA 95077-1170 INSURER A :Wesco Insurance Co. INSURED INSURER B :Greenwich Ins. Company Superior Hydroseeding, Inc. INSURER C : 250 w. Riverside Drive INSURER D: INSURER E : Watsonville CA 95076 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1861805203 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISS UED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING AN Y 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 CONDI TIO NS OF SUCH POLICI ES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR ,..,.,n "n,n POLICY NUMBER IMM/DDNYYYl IMM/DD/YYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EAC H OCCURRENCE $ / 1,000, OOO' t--D CLAIMS-MADE [iJ OCCUR DAMAGE TO RENTED A WPP110213805 V PREMISES (Ea occurrence\ $ 300,000 X $1000 PD Ded. per 0cc. 6/15/2018 6/15/2019,; MED EXP (Any one person) $ 5,000 t-- ,_!_ Pest/Herb Applicators PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LI MIT APPLIES PER: GENERAL AGGREGATE $ ./ 2,000,000 Fl [}]PRO-DLoc PRODUCTS -COM P/O P AGG 2 ,000,000"' POLICY JECT $ OTHER : Pesticide or Herbicide $ 1,000,000 ) AUTOMOBILE LIABILITY COMBINED SINGL E LIMIT $ ,./ 1,000,000 (Ea accide nt) t-- X ANY AUTO BODILY INJURY (Per person) $ A t---ALL OWNED SCHEDULED WPP110213805 6/15/2018 6/15/2019 11 BODILY INJU RY (Pe r accident) $ -AUTOS t--AUT OS X X NON-0\MIIED PROPERTY DAMAG E $ HIRED AUTOS AUTOS /Per accident\ - Uninsured motorist combined $ l,-,-00-0_,_Q_ 0 91 X UMBRELLA LIAB M OCCUR EACH OCCURRENC E $ ( 2 , ooo, oim t-- B EXCESS LIAB CLA IMS-MADE AGGREGATE $ ~ 2,000,oo d OED I X I RETENTION$ 10,000 NEX 6005120-00 6/15/20 18 6/15 /2 01 9 • $ ~ WORKERS COMPENSATION I PER I I OTH - AND EMPLOYERS' LIABILITY X STATUTE ER Y/N V ANY PROPR IETOR/PARTNER/EXECU TI VE D E.L. EACH ACC IDE NT $ 1,000,000 OFFICER/MEMBER EXC LUDED ? N/A A (Mandatory in NH) WWC3360846 V 6/15/2018 6/15/201911 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe und er E.L. DISEA SE -POLICY LIMIT DESCR IPTION OF OPERATIONS below $ 1,000 000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Sch edul e, may be attached if more space is required) Re: City of Cupertino Fields various jobs City of Cupertino, its City Council, o f ficers , officials, employees , agents, servants and volunteers are aditional insureds on the general liability policy per form CG 20 10 04 13 with Completed Operations per form CG 20 37 04 13, Primary/Noncontributory per form CG 20 01 04 13, Per Project Gen. Agg. Limit per form CG 25 03 05 09 & Waiver of Subro per form GL 990078 09 12. Business Auto Waiver of Subro applies per form CA990187 07 15. Workers Comp Waiver of Subro applies per form WC 04 03 06 04 84. CERTIFICATE HOLDER CANCELLATION briang@cupertino.org SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10555 Mary Avenue ACCORDANCE WITH THE POLICY PROVISIONS . Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE M Myrick-Sunkler,CISR /t'?~ ,m,-~ -_,./-..A:_ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 (201401) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: WPP1102138 05 COMMERCIAL GENERAL LIABILITY CG25030509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT{S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction ProJect(s): Policy aggregate limit apply per work Bite. lnfonnation reaulred to comolete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I -Coverage A, and for all medical expenses caused by accldents under Section I -Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily Injury" or "property damage" Included In the "products- completed operations hazard", and for medi- cal 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 shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown In the Declarations nor shall they reduce any other Designated Con- atructfon Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limb 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 Decla- ra1ions, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. B. For all sums which the Insured becomes legally obligated to pay as damages caused by "occur- rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which cannot be attri- buted only to ongoing operations at a single des- ignated construction project shown in the Sche- dule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount avallable under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and CG25030509 C Insurance Services Office, Inc., 2006 Paga1 of2 a 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs , specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section Ill -Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 250305 09 Cl Policy Number: WPP1102138 05 V THl8 ENDORSEMENT CHANGES THI! POLICY. PLEME READ IT CAREFULLY. BROADENED COVERAGE FOR CONTRACTORS Thll tndorHmlnt rnodlff11 lnwance provided under the follo¥.1rci: COMMERCIAL G!NEML LIAIIUFY COYERA.GE FORM A. PROIIIRl'Y IWIAG! TO BORROWED IQUIPMl!NT Pa•aph Ct), Gf J. DUIIIC,e To Praperly, under2. lixalua1Dna, rl l!CTION 1-COVIMGII . COVIRACII A• BODILY INJURY ANIJ PROP&RTY DMIACII UAIIUTY 1111111ndld tD ldd the folowlnQ: ParaallPhl (t) and (4) or this uclllllon do not apply to tao11 ar aqutpmenl loaned Cl> you, provided that they are not being uaed to perfarm opel'ltlol'le at tf1t timed tllttlllll. Wlh 1W1111ct to "proptrty damqe" to bOrrowtd equipment the folmwlnCI lddlllonll pn,,,lllanl apply: 1. 1he rnaat • wll pay for 'pfCIPIIIY dlrnlgl• to borrvwld equpmlltt II $100,000 tar any 111d IR IUCh lallll IIIQlrdleu dthe rnnlllrof: I. lnluradl; b. Clalm1 ar •IUlfs' ~t; or c. P8IIOl'II or organfllltiol11 bringing dmll or •auim-. I. NQN.OWNID WATIIACMPT !X'l'ENIION 8ubpmagraph Cl) of I• Alnnft, Aum Crw..nft, under l. lKalullonl, of IICTION 1-00VIRAGU, COVIIWII! A. BOIILY INJURY AND PROPERTY DNMOI LIMILffY II clllltlld and rwpllcld Vt'fth the fClllowing: Thll mmlullon deal not apply to: [2) a Wlllnnl't rau dcl not own that II: (II) Leet than 61 felt tong; and lb) Not being IINd to mrtY pa'IOf1I or property for a chlrgt. C. DAIIACII TO PRE111111 RElffl!D TO YOU 1111 lllt PIIIQTIPh of 2. llralllllolll of HCTION I • COVIRAGl8, COVEIUGE A IODILY INJURY AND PROPIRTY DAMAGE UAIIIU1'Y la clelDd lrld fWP11Dld wlllt 1111 tbVowlng: Exclnol'II c. through n. do not 11PP!Jto dln1g1 to pramllll whll llllleel 11D you, ort111npor11Uy occupied by yau v.1th permllllon ofltle CMMr, caUNd by: 1. Pll'lj 2. Explollan; OIJa0078 ,. 1 ore Eel 081:Z ' 3. Lightning; 4. Smoke reaultfng from &IJCh nre, exploeion or llghtnlng: or 5. Water. A separate llrnlt of lnauranc:e appllaa to this coverage aa described in StcUon DI Umlt8 of Insurance. This Insurance den not apply to damage to premltea rented to you, or temporarily occupied by you, with permlaslon of the owner ceuaecl by: 1. Rupture, buming, or operation of pl'888Ure rallef devices; 2. Ruptura or bursting due to expanaion or swelling of atruclural components or the contenta of any bulldlng or ttructure, cauud by or reaurunr, from water; 3. Exploelon of ateam bollera, etaam plpn, eteam engines or ateam turbines. Paragraph 8. of SECTION Ill LIMITS OF INSURANCE la d aleted and replaced w Ith the followlng: Subject t.o paragraph I. of IECTION 111-LIMITS OF INSURANCE. lht Damagt to Praml8e1 Rented to You Limit la the moat we will pay under COVERAGE A-BODILY INJURY AND PROPERTY DAMABE LIABILITY. for the aum of all damagee because of "property damage• to premlHI while ranted to you, or temporarily occupied by you with parmllllon of the owner, caused by: fire; exploston: llghtnlng; amcke n,aultlng from auch fire, explo1ton , or lightning; or water. The Damage To Premlaaa Rented To You Umlt wlll apply at all •property damage• proximately cauaed by the same "occumance", wllether auch damage results from: fire; exploalon; llghtnlng; smoke resulting from auch fh'e, explosion, or llghtnlng; or water; or any oomblnation of any of theae cauNt. The Damage To Premises Rented to You LlmH wlll be the higher of: a. $300,000; or b. The amount shown on tha Declarations far Damage To Preml11n Ranted To You Limit. Paragraph a. Of9. "lntured Contract", under SECTION V-DEFINITIONS, 18 deleted and replaced wttt, the faBowlng: An "Insured contrac:t" mean, a contract for a lease of preml1e1. However, that portion ot the contract for a leaH rl premllea that lndemnlfte1 any peraon or organization for damage to pramlael whlle rented t.o you, or temporarlly OCC11pled by you with perm Inion of the owner, caul8d by: fire: exploelon; Jlghtnlng; amoke resuttlng from such fire, exploalon, or lightnJng: or water, la not an •insured contrad". D. PROPERTY DAMAGE COVERAGE! POR PERSONAL PROPl!RTYWHILE IN YOUR P088!88ION S1.Jb.paraaraph1 (3) and (4) c/f Paragraph J. Damage To Property, of 2. ExclualoM. of SECTION 1- COVERAGE8, COVERAGE A -BODILY INJURY AND PROPERTY DAMAGE LIABILITY do not apply to •property damage" t.o the property of othel1 \IA1Jle In your poaeaaion. With respect to the lnaurance ptwlded by this section of tlte endonement, the follc,wlng provi1lona apply: The llmlt of this coverage la $25,00<I per 'occunence' and $26,000 aggreg~ In any annual policy period starting with the beginning of the policy period In the Deolaratlona, regarclleas of tha number of: a. lnauredl; C3L980078 Page2 of 6 Ed0912 b. Clalms or "ault8" brought; or c. Pe1'110n1 or organization• bringing claim1 or "1uita". We will pay for canagee on your behalf, only to ttia amount of damagn for each •occurrence" on your behalf applies only to the amount of damages tor each •occurrence• which are In exceaa of a $1,000 deductible. wa may pay any part. or all of the deductible amount, to effect aetllement of any claim or •aulr and, upon notlrtcstlon of the action taken, YoU shall promptly reimburae ua for such part of the deductible amount, as haa baen paid by us. E. PROPERTY DAMAGE COVERAGE FOR TENANTS-REAL PROPERTY Sub-paragreph J. (I) Damage To Property, of 2. Exelualona of SECTION I -COVERAQE8, COVERAQE A • BODILY INJURY AND PROPERTY DAMAGE UABIUTY la deleted and replaced wHh the followlng: While under your care, custody or control we will pay for "property damage" to property of others arising out of operaHons incidental to your buslnesa when: a. Damage le caueed by the insured; b. Damage occura whlle In the lnau111d'1 poe18811an The most wa wlll pay under tflls provision for lose or damage during the policy period la $26,000 par ·occurrence" and $25,000 aggregate In any annual policy period et.artlng with the beginning Cf the policy period In the Declmatlonll. We 1NIII pay damagea on your behalf, only to the amount of damagea for each "occurrencen which are In excen of a $1,000 deductible. The limb of Insurance wlll not be reduced by the appllcatlon of such deductible amourt. We may pay any past or all of the deductible amount to effect eettlement of any claim or •eult" and, upon natlflcatlon of the action taken, you shall prcmptly ralmbune ua for el/Ch part of Iha deductible amount II hae bean paid by ut; or F. SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1d. under SUPPLEMENT ARY PAYMENTS-COVERAGES A AND B of SECTION 118 amended a folawa: a. In paragraph 1.b., the amount we will pay for the ooet of ball bond II lncreased to $2,600 b. In paragraph 1.d., the amount we wlll pay for lou of earnings la Increased to $600 a day. G, NEWLY ACQUIRED OR FORMED ORGANIZATIONS Paragraph a.a. of SECTION II -WHO IS AN INSURED ii dt!etad and replaced with th, following: Coverage under thi. provlllcn le afforded aintll the 1801h day after you 8CC!Ulre or form the organimtion or the and of the policy parlod, whichever la •lier. H. PAST PARTNERSHIPS AND JOINT VENTURES The following Is added to SECTION II -WHO 18 AN INSURED: GL880078 Paga3of8 Ed0912 If you are an ln1ured, ae ahown In the Declarations, you are an lnai.nd fer your intereet In a partnership or joint venture that ended prior to thla pcllay,period. Thia Insurance api,llea: a. Only to the extent of your Interest In 1tle partnership or Joint venture, b. Only If no other similar Insurance la avallable to you for your Interest In the Joint venture or partnar1hlp. The last para;raph of SECTION II -WHO IS AN INSURED II deleted and repla<:ed with the following: Except u provided In H, PAIT PARTNERSHIPS AND JOINT VENTURES, no p1raon er organization la an lnaurad with rnpact tr, the conduct of any current or past parmerahlp, Joint vantunt or limited llablllty company that ii not shown aa a Named lnaurea In the Declaratlona. I. ADDITIONAL INSURED The foBowing la added to SECTION II -WHO IS AN INSURED: Any penion or organization with whom or with which you have agreed In writing In a contract or agreement that such person(s) or organlzatlon(s) shall be Included ae an additional Insured on your policy le an additional Insured. The contract must be executed before the "bodlly li,Jury or •property damageu OCCUl'I or 1he •peraona1 and advertising Injury" offln11 l1 committed, to name IUCh plll'ICl'I or organlzatlan as an additional Insured, but only with rnpeot to liabBtty arillng out any tenancy operation or uae of equipment leased to you by such an addltlonal Insured. The following provisions apply to such addltfanaf lnaurad: a. The llrnftll of fnauranoe afforded to the addHJonal Insured 1hall be the linila which you ag~ecl to provide In the wrllen contract, or the llmlta ahown on the Dedarationa, whichever is less. b. The Insurance afl'Clrded to the additional Insured does net apply to: I. Any •bodlly lnJurt or •property damaQe" that occu11, or "personal a,d advertl1lng lqury" caUHd by an offenae which ii committed, after you ceaae lo be • tenant In that premlaea; w. Llabilily arising out of any p11mllel for which coverage la excluded by endorsement; or ii. Uablllly wing out ct etruatural alteratlont, new conmictlon or demofltlon operations peffonned by or on betlalf of aueh addltfonal lnaured(a) The insurance afforded to the addltlonal Insured Is 8l<Cel8 over any valld and collectlble lnaurance available to the ln1ured, unlan you have ag!Nd In ttlt written contract that U,ie Insurance must be primary or non-contributory with 1uch other Insurance. J, BROADENE!D NAMl!D INSURED Par8Qraph 1.d. of SECTION II -WHO 18 AN INSURED II deleted and 11placed with tha faflowlng: The pen1on or organization named in the Oaclaratlona, and any organization, other than a partnerahlp, Joint venture or limited llablllty company, of which you maintain ownerahtp or In which you maintain the majority Interest on the effective date of the policy. Your 'executive offlcer1" and directors are lnaurada , but only with reapect to their dutiN II yaur offlcen or dlrectora. Your atoc:khoklens are al8o insureda, but only with respect to thalr llablllty aa atcckholdara. However, coverage for any auch additional organization will ctH8 u of tile date, If any, during the policy period, that you no longer maintain ownership of, or the majority lntel'Blt In, e®h organlzetion. GL990078 Page4 ora Ed 0912 K. UNINTENTIONAL PAILURE TO DISCLOSE HAZARDS The followfng Is added to paragraph 8. R8pl'l8entat1DIIB af SECTION IV -COMME!RCIAL GENERAL LIABILITY CONDfflONS: Baaed on our reliance on your repreeentatlona as to exlatlng hazard•, if you unlntenUonally fall to cltsclose any aucl1 hazarda prior to tha beginning of the policy period or 1h11 coverage palt, we shall not deny coverage under this coverage part becauaa of aucll failure. However, the provision doaa not affect our right to collect addltlonal premium or to exercise our right of cancellation or non19nawal In accordance with appllcable state lnaurance law&, codes or ragulatlona. L BROADENED NOTICE OF OCCURRENCE The following la added to paragraph 2 Dutl• In tht Event of Occunance, Offense, Claim or Sult of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDmoNB: a. Notice of an •c,ccurrence• c,r of an offense which may result In a claim covered by this policy, the failure to report such "occurrence"' to ua at the time of the •occurrence ahall na1 be deemed • vlolatlon of this condition unlaas such •occurrence" or offenae becomea known to. you, or one of 1he following If daslgnated by you to give auch notice: your •executtve offlcera" (if you are a ~). one of your partmn who II an individual (If you art a partnarahlp), one of your managers (if you are a lfmlted liability companV), or an •emp1oyee• (such ea an Insurance, Iola control or risk msmger or administrator)., However, you or your daalgnated repmentatlve must give us notice as soon aa practfcable after being mada aware that the particular claim. b. Knowledge by any other "1mp1ayee• of an •occurrence" or cffense doea not Imply that you also have IUC!'I knowledge. c. Thie provl1lon does not apply aa respec:18 the specific number of daye within which you are required to natlfy ua ln writing of the abrupt commencement of a discharge, releue or eecape of "pollutants• that causee ·bodily Injury" or •property c1amage• which may otherwise tie covered under this policy. M. WAIVER Of SUBROGATION The folloWlng la added to paragraph 8, Tranaflr of Righta of Recovery Ap)nat Othal9 to Us of SECTION IV-COMM!RCIAL GENERAL UABILITYC0NDffl0N8: We waive any right of racovary we may have egainat any person or organization because of paymant& we make fer Injury or damage arising out of: preml188 owned or occupied by or '9nted or loaned to you; ongoing operatlona parfonned by you or on your behalf, done under contract with that peraon or organization; "your work"; or •your producte". We waive 1h11 ~ht whent you have agreed to do ao u part of a written contract, exact.rted by you before tlte ·badly l~ury" or •property damage· occura or1he "personal mid advertlalng Injury" Offense la committed. N. BROADENED CONTRACTUAL LIABILITY -WORK WITHIN IO' OF RAILROAD PROPERTY P•agraph 9.c. of the definHlon "lnaured Contracr under SECTION V -DEFINITION8 Is deleted and raplaced with the followlng: "Insured contract• means any easement or llcenH agreement In connection with conatrucllon or demolition operations on or Wittlin 50 feet of a rallroad. Paragraph f.(1) of I. "Insured contract" under SECTION V -DEFINITIONS Is deleted. GL990078 Ftage 6 of5 Ed0912 0. BODILY INJURY DEFINITION The definition of "bodlly l~ury" In paragraph 3. of SECTION V -DEFINITIONS ls deleted and replaced with the following: ·Bodily lnjuiy' means bodily Injury, mental anguilh, mental ahock, fright, dllabllty, t,umlllatlon, slokneas or dlaeaae auatalnad by a per1on, l11cludlrtg death reeultlng from any of these at any time. GL990078 Page8 ofe Ed0812 POLICY NUMBER: WP-P-1102138 05 COMMERCIAL AUTO CA990187 071 S This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies Insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by th Is endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed Organizations, Employee Hired Car Llablllty and Blanket Addltlonal Insured Status for Certain Entitles. Item 1, Who Is an Insured of Paragraph A. Coverage under SECTION II -COVERED A1Jf0S LIABILITY COVERAGE is amended to add : d. Any organization you newly acquire or form, other than a partnership, Joint venture or limited llabllity company, end over which you maintain ownership of a majority interest (greater than 50%), will qualify as a Named Insured; however, (1) coverage under this provision is afforded only until the 180th day after you acquire or fonn the organization or the end of the policy period, whichever is earlier; (2) coverage does not apply to "bodily injury", "property damage" or "covered pollution cost or expense" that results from an "accident" which occurred before you acquired or fonned the organlzatlon; and (3) coverage does not apply if there is other similar insurance available to that organization, or if similar insurance would have been available but for Its termination or the exhaustion of its limits of insurance. This insurance does not apply if coverage for the newly acquired or formed organization is excluded either by the provisions of this coverage form or by endorsement. e. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business . f. Any person or organization you are required by written contract or agreement to name as an additional "insured", but only with respect to liability created in whole or in part by such agreement. B. Increase Of Loss Earnings Payment Subpart (4) of a. Supplementary Payments of Item 2. Coverage Extensions of Paragraph A. Coverage under SECTION II -COVERED AUTOS LIABILITY COVERAGE Is amended to read: (4) We will pay reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $1,000 per day because of time off from work. C. Fellow Employee Injured By Covered Auto You Own Or Hire Item 5. Fellow Employee of Paragraph B. Exclusions under SECTION II -COVERED AUTOS LIABILITY COVERAGE is amended to add: This exclusion does not apply if the "bodily Injury'' results f rem the use of a covered "auto" you own or hire. Such coverage as is afforded by this provision is excess over any other collectible insurance. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 5 Used with permission D. Limited Automatic Towing Coverage Item 2. Towing , of Paragraph A. Coverage, under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to read : 2. Towing We will pay for towing and labor costs each time that a covered "auto" is disabled. All labor must be performed at the place of disablement of the covered "auto". a. The limit for towing and labor for each disablement is $500; b. No deductible applies to this cover- age . E. Item 3. Glass Breakage -Hitting A Bird Or Animal -Falling Objects or Missiles of Paragraph A. Coverage under SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to add: Glass Repair Coverage We will waive the Comprehensive deductible for Glass, if one is indicated on your covered "auto", for glass repairs. We will repair at no cost to you, any glass that can be repaired without replacement, provided the "loss" arises from a covered Comprehensive "loss" to your "auto". F. Increase Of Transportation Expense Coverage Subpart a. Transportation Expenses of Item 4. Coverage Extensions of Paragraph A. Coverage under SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended to read : a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage or Theft Coverage . We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending , regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". G. "Personal Effects" Coverage Item 4. Coverage Extensions of Paragraph A. Coverage, under SECTION Ill - PHYSICAL DAMAGE COVERAGE, is amended to add: "Personal Effects" Coverage We will pay actual cash value for "loss" to "personal effects" of the "insured " while in a covered "auto" subject to a maximum limit of $2,500 per "loss", for that covered "auto" caused by the same "accident". No deductible will apply to this coverage . H. "Downtime Loss" Coverage Item 4. Coverage Extensions, of Paragraph A. Coverage, under SECTION Ill. PHYSICAL DAMAGE COVERAGE is amended to add: ' "Downtime Loss" Coverage We will pay any resulting "downtime loss " expenses you sustain as a result of a covered physical damage "loss" to a covered "auto" up to a maximum of $100 per day, for a maximum of 30 days for the same physical damage "loss", subject to the following conditions: a. We will provide "downtime loss" beginning on the 5th day after we have given you our agreement to pay for repairs to a covered "auto" and you have given the repair facility your authorization to make repairs; b. Coverage for "downtime loss" expenses will end when any of the following occur: (1) You have a spare or reserve "auto" available to you to continue your operations. (2) You purchase a replacement "auto". (3) Repairs to your covered "auto" have been completed by the repair facility and they determine the covered "auto" is road-worthy. (4) You reach the 30 day maximum coverage . CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission I. Item 4. Coverage Extensions , of Paragraph A. Coverage, under SECTION Ill. PHYSICAL DAMAGE COVERAGE, is amended to add : We will pay any resulting rental reimbursement expenses incurred by you for a rental of an "auto" because of "loss" to a covered "auto " up to a maximum of $100 per day , for a maximum of 30 days for the same physical damage "loss", subject to the following conditions: a. We will provide rental reimbursement incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy expiration, with the number of days reasonably required to repair or replace the covered "auto". If the "loss" is caused by theft, this number of days is the number of days it takes to locate the covered "auto" and return it to you or the number of days it takes for the claim to be settled, whichever comes first. b . Our payment is limited to necessary and actual expenses incurred. c. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. d. If a "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 for under the Physical Damage Coverage Extension . J. "Personal Effects" Exclusion Paragraph B. Exclusions under SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to add: "Personal Effects" Exclusion We will not pay for "loss" to "personal effects " of any of the following: a. Accounts , bills, currency, deeds, evidence of debt, money, notes , securities or commercial paper or other documents of value . b. Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry; watches; precious or semi-precious stones. c. Paintings, statuary and other works of art . d. Contraband or property in the course of illegal transportation or trade. e. "Loss" caused by theft, unless there is evidence of forced entry into the covered "auto" and a police report is filed . K. Accidental Airbag Discharge Coverage Item 3.a. of Paragraph B. Exclusions under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to read : a. Wear and tear, freezing , mechanical or electrical breakdown. The exclusion relating to mechanical break-down does not apply to the accidental discharge of an air bag . L. Loan or Lease Gap Coverage Paragraph C. Limit Of Insurance under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add: If a covered "auto" is owned or leased and if we provide Physical Damage Coverage on it , we will pay, in the event of a covered total "loss", any unpaid amount due on the lease or loan for a covered "auto ", less : a. The amount paid under the Physical Damage Coverage Section of the policy ; and b. Any: (1) Overdue lease or loan payments including penalties, interest or other charges resulting from overdue payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use , abnormal wear and tear or high mileage ; (3) Costs for extended warranties, Credit Life Insurance, Health , Accident or Disability Insurance purchased with the loan or lease; (4) Security deposits not refunded by the lessor; and (5) Carry-over balances from previous loans or leases CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of 5 Used with permission M. Aggregate Deductible Paragraph D. Deductible under SECTION 111-PHYSICAL DAMAGE COVERAGE is amended to add: Regardless of the number of covered "autos" involved in the same "loss ", only one deduct ible will apply to that "loss". If the deductible amounts vary by "autos ", then only the highest applicable deductible will apply to that "loss". N. Diminishing Deductible Paragraph D. Deductible under SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended to add: Any deductible will be reduced by the percentage indicated below on the first "loss" reported during the corresponding policy period : Loss Free Policy Periods Deductible With the Expansion Reduction on the Endorsement first "loss " 1 0% 2 25% 3 50% 4 75% 5 100% If we pay a Physical Damage "loss " during the policy period under any BUSINESS AUTO COVERAGE FORM you have with us, your deductible stated in the Declarations page of each such COVERAGE FORM will not be reduced on any subsequent claims during the remainder of your policy period and your deductible reduction will revert back to 0% for each such COVERAGE FORM if coverage is renewed . 0. Knowledge of Loss and Notice To Us Subsection a . of Item 2. Duties In the Event of Accident, Claim, Suit or Loss of Paragraph A. Loss Conditions under SECTION IV·· BUSINESS AUTO CONDITIONS is amended to add : However , prompt notice of the "accident", claim, "suit" or "loss" to us or our authorized representative only applies after the "accident ", claim , "suit" or "loss " is known to : (1) You , if you are an individual ; (2) A partner, if you are a partnership; (3) An "executive officer" or director, if you are a corporation ; (4) A manager or member, if you are a limited liability company ; (5) Your insurance manager; or (6) Your legal representat ive . P. Waiver Of Subrogation For Auto Liability Losses Assumed Under Insured Contract Item 5. Transfer Of Rights Of Recovery Against Others To Us of Paragraph A. Loss Conditions under SECTION IV- BUSINESS AUTO CONDITIONS is amended to read : 5. Transfer of Rights of Recovery Against Others To Us If any person or organizat ion to or for whom we make payments 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 an "accident " or "loss " to impair them . However, if the insured has waived those rights to recover through a written contract , we will waive any right to recovery we may have under th is Coverage Form . Q, Insurance is Primary and Noncontributory Subpart a . of Item 5. Other Insurance of Paragraph B. General Conditions under SECTION IV -BUSINESS AUTO CONDITIONS is amended to read : a. This insurance is primary and noncontributory, as respects any other insurance, if required in a written contract with you . R . Other Insurance -Hired Auto Physical Damage Subpart b . of Item 5 .. 0ther Insurance of Paragraph B. General Conditions under SECTION IV -BUSINESS AUTO CONDITIONS is amended to read: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease , hire, rent or borrow; and CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name , with your permission , while performing duties related to the conduct of your business . However, any "auto" that is leased, hired , rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV -BUSINESS AUTO CONDI- TIONS is amended to add : 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy , provided that such failure to d isclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V -DEFINITIONS is amended to add: "Personal effects" means personal property owned by the "insured". "Downtime loss " means actual loss of "business income" for the period of time that a covered "auto": 1. Is out of service for repair or replacement as a result of a covered physical damage "loss " and 2. Is in the custody of a repair facility if not a total "loss". "Business Income" means: 1. Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred; and 2. Continuing normal operating expenses incurred , including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Used with permission Page 5 of 5 POLICY NUMBER: WPP1102138 05 / COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Addltlonal Insured Person(s) Or Oraanlzatlon(s) Location And DeacrlPllon Of Completed Oneratlons Blanket as required by written contract. Blanket as required by written contract. Information reauired 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 perfonned 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 addltlonal Insured. B. With respect to the Insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional Insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of Insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is leas. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. CG 20370413 @ Insurance Services Office, Inc., 2012 Page 1 of1 POLICY NUMBER:WPP1102138 05 ~ COMMERCIAL GENERAL LIABILITY CG 20100413 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 Addltlonal Insured Person(s) Or Oraanlzatlon(a) Locatlon(s) Of Covered Operations Blanket as required by written contract . Blanket as required by written contract. lnfonnatlon reaulred to comDlete this Schedule if not shown above wiU 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 upersonal and advertising injury" caused, in whole or in part, by: 1. Your acts or omlBBions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations fer 1he 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 addltional insured will not be broader than that which you are required by the contract or agreement to provide for such addHional 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 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 lnsured(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 perfonning operations for a principal as a part of the same project. CG2010 0413 © Insurance Services Office, Inc., 2012 Page 1 of2 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 of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations . Page 2 of 2 © Insurance Services Office, Inc ., 2012 CG 2010 0413 Policy Number: WPP1102138 05 / 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 CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 040306 (Ed. 04-84) WAIVER Of OUR RIGHT To RECOVER FROM OTHERS ENDORSEMENT• CALIFORNIA We have the right To reoover our payments from anyone liable For an injury covered by this policy. We will Not enforce our right against the person Or organlZatlon named In the Schedule. (This agreement applies only To the extent that you perform work under a written contract that requires you To obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration Of your employees While engaged In the wor1< described In the Schedule. The add!Uonal premium For this endorsement shall be 2% Of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job D&Bcription Any person or organization as required by written contract $747 Thts endoraement changes the pollcy to wlllch It is attached and la effectiw on the date issued unless o1herwlse stated. (The lnfarmatlon betow la required only WIien thla endoraement la lnued aubtequentto preparation of the polcy,) Endorsement Effective 06/15/2018 Policy, N , WWC3360846 Insured Superior Hydroeeedlng, Inc. lnsurallll8 Company Wesco lnsll'Bnce Company Endonlement No, Premium$ 0 16666 Coun1eralgned by ___________________ _ WC 1140306 (Ed.04-84)