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19-027 Foster Brothers Security Systems, Inc., Quinlan Community Center ADA door work
CITY OF PUBLIC WORKS CONTRACT $60,000 OR LESS CUPERTINO 1. PARTIES This public works contract("Contract") is made and entered into on / ("Effective Date") by and between the City of Cupertino, a municipal corporation("City"), and Foster Brothers Security Systems Inc. , a Corporation ("Contractor") for Quinlan Community Center "ADA" door work. 2. SCOPE OF WORK Contractor will perforin and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on May 31, 2019 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 200.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments. 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 $15,990.13 ("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 performed during the preceding month, itemizing labor, materials, equipment and Public Works Project Quinlan Community Center"ADA" Door Work Public Works Contract$60,000/Rev,Jan. 02, 2019 Page 1 of 11 i any incidental costs incurred. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed,registered, and/or certified to perform the Work as required by law, and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s): C-28 , which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign,hypothecate, or transfer this Contract or any interest therein, directly or indirectly,by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent(50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors and permitted assigns Public Works Project Quinlan Community Center "ADA" Door Work Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 2ofII I 8. PUBLICITY/SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words "City of Cupertino" must be displayed in all pieces of publicity, flyers,press releases,posters, brochures, interviews, public service announcements and newspaper articles.No signs may be posted or displayed on or about City property, except signage required by law or this Contract,without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 20 % of the Work,provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed,the number of workers,the hours,the equipment,the weather conditions, and any circumstances affecting performance. City will have ownership of the reports, but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HVAC 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 Quinlan Community Center "ADA" Door Work Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 3 of 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants,volunteers and consultants ("Indemnitees"),through legal counsel acceptable to City, from and against any and all liability, damages, claims, stop notices, actions, causes of action, demands, charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations,representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract.Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice,purchasing insurance at Contractor's expense, deducting the costs from Contractor's compensation, or terminating the Contract. i Public Works Project Quinlan Community Center "ADA" Door Work Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 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 j the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of$1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i) Prevailing wage laws under Labor Code Section 1775, which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification, or type of worker needed to perform the Work, including health, pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812, and electronically submit them to the Labor Commissioner as required by the regulations of California,Department of Industrial Relations ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of $ 200.00 per worker for each day of violation. (c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race,religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status,pregnancy, age, sex, gender, sexual orientation, gender identity,Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. Public Works Project Quinlan Community Center ADA Door Work Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 5 of 11 i 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations.No officer, official, employee, consultant, or other agent of the City ("City Representative")may have, maintain, or acquire a"financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents warrant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of$25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California,with a financial rating from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City's Service Center must be called at(408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. i I (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 Quinlan Community Center "ADA" Door Work Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 6 of 11 f (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 storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to,the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; (d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff, (e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines. Public Works Project Quinlan Community Center "ADA" Door Work Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 7 of I 1 17. PROJECT COORDINATION City Project Manager. City assigns Ty Bloomquist 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 Tom Stiver 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 performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing,the time spent in closing out the Work will be compensated up to 10% of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed.Nothing in the Section below is intended to delay, abridge or bar City's right under this Section. 19. GOVERNING LAW,VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. 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 parry will be entitled to reasonable attorney fees and costs. Public Works Project Quinlan Community Center "ADA" Door Work 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 i There are no intended third party beneficiaries of this Contract. i 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 Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28. SEVERABILITY/PARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties, indemnities,payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project Quinlan Community Center "ADA" Door Work Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 9 of 11 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions,titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 20. NOTICES All notices,requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery,the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail,postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: To Contractor: 10300 Torre Avenue, Cupertino CA 95014 Foster Brother Security Systems Inc. Attention: Ty Bloomquist Attention: Tom Stiver Copy to: carlv(d,cupertino.org Copy to: Email: tyb(a-),cupertino.org Email: ts4,fosterbrothers.com 30. VALIDITY OF CONTRACT This Contract is valid and enforceable only if(a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authorized designee, and(c) is approved for form by the City Attorney's Office. 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Project Quinlan Community Center "ADA" Door Work Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 10 of I 1 I i IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Foster Brothers Security CITY OF CUPERTINO, Systems a Municipal Corporation Corporation By: By: Tom Stever Tin=Bmdi6i O LA-AQ-1 Title: Owner Title: Directo�of Public Works R J Signature Date: l b,� Signature Date: `/ I it I i a A13 PROVED AS TO FORM: j By: HEATHER M. MINNER Cupertino City Attorney ATTEST: By: � GRACE SCHMIDT, City Clerk Public Works Project Quinlan Community Center "ADA" Door Work Public Works Contract$60,000/Rev.Jan, 02, 2019 Page I I of I I Foster Brothers Security Systemss Inc. Quinlan Community Center "ADA " Door Work Proposal Amount $ 13 990.13 Description Installing "ADA" door openers Account# Iry � _�� •��(� Proposal Amount Description Account# Proposal Amount Description Account# Unforeseeables/Extras SUBTOTAL $ 13,990.13 Contingency $ 2,000.00 CONTRACT TOTAL $ 15,990.13 PW Supervisor Ken Tanase !' J, �N Carl Valdez-Sup tendent Date i (FosterBrothers Sarl EXHIBIT 11NS Quote: Q 18476 Customer ID CIT003 CA Contractor's License#315373 oster Brothers 55 South Murphy Ave. CUStOI71er Original Page: 1 unnyvale,CA 94086 9 9 hone: (408)736-4500 ax: (408)736-0468 ww.fosterbrothers.com Bill To: CITY OF CUPERTINO Job Site: CITY OF CUPERTINO ACCOUNTS PAYABLE ACCOUNTS PAYABLE 10300 TORRE AVE 10300 TORRE AVE CUPERTINO, CA 95014 CUPERTINO, CA 95014 Date Purchase Order No. Salesperson Terms ( Our Order No. 01/29/19 Jeff Sanchez NET 30 DAYS Q18476 aantity Description Unit Price Discount% Discount Unit Price Amount 1 SQUARE LOGO BUTTON PACKAGE 440.00 20.00 352.00 352.00 1 AUTO DOOR OPER PUSH 3,225.00 20.00 2,580.00 2,580.00 1 KDX ARMORED DR LOOP DURA 41.84 20.00 33.47 33.47 1 FIELD REX KIT F/VD 33-99 97.50 20.00 78.00 78.00 1 BACKPLATE 120.00 20.00 96.00 96.00 1 LABOR TO INSTALL ABOVE HDWE. 720.00 720.00 720.00 REF: BACK LOBBY DOOR I material is garanteed to be as specified. All work to be completed in a professional anner according to standard practices. Any alteration or deviation from above specifica- ns involving extra costs will be executed only upon written orders,and will become ar :tra charge over and above the estimate. All agreements contingent upon strikes,ac- Jents or delays beyond our control. Owner to carry fire,tornado and other necessan surance. Our workers are fully covered by Worker's Disability Insurance. DTE:This proposal may be withdrawn by us if not accepted within days LCCEPTANCE OF PROPOSAL ie above prices,specifications and conditions are satisfactory and are hereby accepted w are authorized to complete this contract as specified and under above payment terms gnature or Company Date of Acceptance Subtotal: 3,859.47 Sales Tax: 282.55 .ithorized Signature Oster Brothers Sales Consultant Total: 4,142.02 (07 7 vi N Jr k--t i "A' � ��Sales Quote: Q18478 Foster Brothers Security Systems,.1XI-I I BIT A Customer ID CIT003 CA Contractor's License#315373 oster Brothers 55 South Murphy Ave. unnyvale,CA 94086 Customer Original Page: 1 hone: (408)736-4500 ax: (408)736-0468 ,ww.fosterbrothers.com Bill To: CITY OF CUPERTINO Job Site: CITY OF CUPERTINO ACCOUNTS PAYABLE ACCOUNTS PAYABLE 10300 TORRE AVE 10300 TORRE AVE CUPERTINO, CA 95014 CUPERTINO, CA 95014 Date Purchase Order No. Salesperson Terms i Our Order No. 01/29/19 Jeff Sanchez NET 30 DAYS Q18478 aantity Description i Unit Price Discount% Discount Unit Price Amount 1 POWER HINGE 176.00 20.00 140.80 140.80 1 ND EU 613 24V RHODES REX 685.00 20.00 548.00 548.00 1 LABOR TO INSTALL ABOVE HDWE. 480.00 480.00 480.00 REF: CARD READER DOOR I material is garanteed to be as specified. All work to be completed in a professional anner according to standard practices. Any alteration or deviation from above specifica- ins involving extra costs will be executed only upon written orders,and will become ar :tra charge over and above the estimate. All agreements contingent upon strikes,ac- Jents or delays beyond our control. Owner to carry fire,tornado and other necessan surance. Our workers are fully covered by Worker's Disability Insurance. DTE:This proposal may be withdrawn by us if not accepted within days iCCEPTANCE OF PROPOSAL ie above prices,specifications and conditions are satisfactory and are hereby accepted w are authorized to complete this contract as specified and under above payment terms. gnature or Company Date of Acceptance Subtotal: 1,168.80 Sales Tax: 61.99 ithorized Signature Oster Brothers Sales Consultant Total: 1,230.79 ,p� Q pp�� M'Y � � r wrm..w � � V.a 4�w I� � Sales Quote: Q18477 Foster Brothers.Security Systems, 1�/�H I BIT., A " ""k'tf� Customer ID CIT003 CA Contractor's License#315373 oster Brothers 55 South Murphy Ave. Customer Original Page: 1 unnyvale,CA 94086 9 9 hone: (408)736-4500 ax:(408)736-0468 ,ww.fosterbrothers.com Bill To: CITY OF CUPERTINO Job Site: CITY OF CUPERTINO ACCOUNTS PAYABLE ACCOUNTS PAYABLE 10300 TORRE AVE 10300 TORRE AVE CUPERTINO, CA 95014 CUPERTINO, CA 95014 Date Purchase Order No. Salesperson Terms Our Order No. 01/29/19 Jeff Sanchez NET 30 DAYS Q18477 aantity H Description Unit Price !Discount% Discount Unit Price Amount 1 KDX ARMORED DR LOOP DURA 41.84 20.00 33.47 33.47 1 FIELD REX KIT F/VD 33-99 97.50 20.00 78.00 78.00 1 LABOR TO INSTALL ABOVE HDWE. 220.00 220.00 220.00 REF-.FRONT LOBBY DOOR ADD SWITCH TO EXISTING OPERATOR I material is garanteed to be as specified. All work to be completed in a professional anner according to standard practices. Any alteration or deviation from above specifica- ns involving extra costs will be executed only upon written orders,and will become ar :tra charge over and above the estimate. All agreements contingent upon strikes,ac- dents or delays beyond our control. Owner to carry fire,tornado and other necessan surance- Our workers are fully covered by Worker's Disability Insurance. DTE:This proposal may be withdrawn by us if not accepted within days i(CCEPTANCE OF PROPOSAL ie above prices,specifications and conditions are satisfactory and are hereby accepted )u are authorized to complete this contract as specified and under above payment terms. gnature or Company Date of Acceptance Subtotal: 331.47 Sales Tax: 10.03 Athorized Signature oster Brothers Sales Consultant Total: 341.50 q� 1'' .,- i �.. i a �, BrothersSecurity Systems r"1�H IBIT "All Sales Quote: Q18475 Foster . Customer ID CIT003 CA Contractor's License#315373 oster Brothers 55 South Murphy Ave. Customer Original unnyvale,CA 94086 g I Page: 1 hone: (408)736-4500 ax: (408)736-0468 ww.fosterbrothers.com Bill To: CITY OF CUPERTINO Job Site: CITY OF CUPERTINO ACCOUNTS PAYABLE ACCOUNTS PAYABLE 10300 TORRE AVE 10300 TORRE AVE CUPERTINO, CA 95014 CUPERTINO, CA 95014 Date Purchase Order No. Salesperson Terms Our Order No. 01/29/19 11 11 Jeff Sanchez NET 30 DAYS Q18475 aantity Description Unit Price 'Discount% Discount Unit Price Amount 2 3000 STRIKE KIT 254.62 20.00 203.695 407.39 1 AUTO DOOR OPER PULL 3,225.00 20.00 2,580.00 2,580.00 1 AUTO DOOR OPER PUSH 3,225.00 20.00 2,580.00 2,580.00 2 SQUARE LOGO BUTTON PACKAGE 440.00 20.00 352.00 704.00 1 LABOR TO INSTALL ABOVE HDWE. 1,440.00 1,440.00 1,440.00 REF: MENS/WOMENS RESTROOMS I material is garanteed to be as specified. All work to be completed in a professional anner according to standard practices. Any alteration or deviation from above specifica- ins involving extra costs will be executed only upon written orders,and will become ar :tra charge over and above the estimate. All agreements contingent upon strikes,ac- Jents or delays beyond our control. Owner to carry fire,tornado and other necessan surance. Our workers are fully covered by Worker's Disability Insurance. DTE:This proposal may be withdrawn by us if not accepted within days iCCEPTANCE OF PROPOSAL ie above prices,specifications and conditions are satisfactory and are hereby accepted )u are authorized to complete this contract as specified and under above payment terms. gnature or Company Date of Acceptance Subtotal: 7,711.39 athorized Signature Sales Tax: 564.43 Oster Brothers Sales Consultant Total: 8,275.82 m �. - � �� �. PUBLIC WORI(S 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 overage, 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 agreate limit shall be twice the required occurrence limit. I 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 �e 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. ❑ 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. _X 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 limits equal to the completed value of the project and no coinsurance penalty provisions. N/A if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts-S60,000 Version:Jan. 2019 1 . i 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than$1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. N/A if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain,the following provisions: Additional Insured Status — W kkofficerMJ, µbly The City of Cupertino,its City Council, s,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 0104 13 with respect to City, its officers,officials,employees and volunteers, and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance,the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a"primary and non-contributory" basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced,cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties,and for the benefit of City. If the Project does not involve new or major reconstruction,City may elect,acting in its sole discretion,to accept an Installation Floater policy instead of Builder's Risk. For such projects,the Property Installation Floater shall include improvement, remodel,modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site. Insurance Requirements for Construction Contracts-$60,000 Version:Jan. 2019 2 I aiver of Subrogation ac h 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 FOSTE-2 CERTIFICATE OF LIABILITY INSURANCE DATE 02!/MM/26/20192019 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 650-592-7333 CONTACT Eric Hoffner NAME Professional Ins.Assoc.,Inc. PHONE 650-592-7333 FAX ) 650-594-4936 1100 Industrial Road#3 (A/C,No,Ext): (vc,No): San Carlos,CA 94070 aDmRIE 5:aubri_bryan@piainc.com Chuck H Elvert INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty of 25674 INSURED INSURER B:Travelers Casualty Ins., Co. 119046 Foster Brothers security S stems, 55 S MuAve Inc. INSURER C h_V rp Sunnyvale,CA 94086 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5R TYPE OF INSURANCE ADDL INSD SUBftf POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE a OCCUR X X 6800878N7851942 `� 01101/2019 01/01/2020 AMAG PREMISE ES TO Ea RENTEDoccurrence $ 300,000 MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 FIVIPOLICY PE LOC PRODUCTS-COMP/OP AGG $ 21000,000 OTHER: IDeductlbl $ None B AUTOMOBILE LIABILITY CBINED SINGLE LIMIT 1000,000 EOMa accident $ X ANY AUTO X BA57BH378419SEL 01/01/2019 01/01/2020 BODILY INJURY Per person) $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ (Deductible $ None A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE CUP7C1435281942 01/01/2019 01101/20201,ffl AGGREGATE $I', 41000,000 DED I X I RETENTION$ None $ A WORKERS COMPENSATIONX PER 0TH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A X UB8J7552881942G t� 01/01/2019 01/01/202 1 000,000 OFFICER/MEMBER EXCLUDED? E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below -7 E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) he City of Cupertino, its Council, boards and commissions, officers, employees and volunteers are additional insured on primary and non- contributory basis per attached endorsement.Waiver of Subrogation applies per attached. CERTIFICATE HOLDER CANCELLATION CUPERT2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Cit of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y p ACCORDANCE WITH THE POLICY PROVISIONS. 10555 Mary Ave Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 680-0878N785-19-42 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO- VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured I. Injury to Co-Employees and Co-Volunteer B. Damage To Premises Rented To You Extension Workers • Perils of fire, explosion; lightning, smoke,water J. Aircraft Chartered with Crew • Limit increased to$300,000 K. Non-Owned Watercraft— Increased G. Blanket Waiver of Subrogation from 25 feet to 50 feet D. Blanket Additional Insured--Managers or L. Increased Supplementary Payments Lessors of Premises • Cost for bail bonds increased to $2,500 E. Blanket Additional Insured— Lessor of • Loss of earnings increased to $500 per day leased Equipment M. Knowledge and Notice of Occurrence F. Incidental Medical Malpractice or Offense G. Personal Injury—Assumed by Contract N. Unintentional Omission H. Extension of Coverage— Bodily Injury O. Reasonable Force—Bodily Injury or Property Damage PROVISIONS B. DAMAGE TO PREMISES RENTED TO YOU A. BROADENED NAMED INSURED EXTENSION 1. The Named Insured in Item 1. of the Declara- 1. The last paragraph of COVERAGE A. BOD- tions is as follows: ILY INJURY AND PROPERTY DAMAGE LI- The person or organization named in Item 1. ABILITY (Section I — Coverages) is deleted of the Declarations and any organization, and replaced by the following: other than a partnership or joint venture, over Exclusions c. through n. do not apply to dam- which you maintain ownership or majority in- age to premises while rented to you, or tem- terest on the effective date of the policy. porarily occupied by you with permission of However, coverage for any such organization the owner, caused by: will cease as of the date during the policy pe- a. Fire; riod that you no longer maintain ownership of, or majority interest in, such organization. b. Explosion; 2. WHO IS AN INSURED (Section II) Item 4.a. c. Lightning; is deleted and replaced by the following: d. Smoke resulting from such fire, explosion, a. Coverage under this provision is afforded or lightning; or only until the 180th day after you acquire e. Water. or form the organization or the end of the policy period, whichever is earlier, unless A separate limit of insurance applies to this reported in writing to us within 180 days. coverage as described in LIMITS OF INSUR- 3. This Provision A. does not apply to any per- ANCE (Section III). son or organization for which coverage is ex- 2. This insurance does not apply to damage to cluded by endorsement. premises while rented to you, or temporarily CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 5 COMMERCIAL GENERAL LIABILITY occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner, caused by: PROPERTY DAMAGE LIABILITY (Section I— a. Rupture, bursting, or operation of pres- Coverages)is excluded by endorsement. sure relief devices; C. BLANKET WAIVER OFSUBROGATION b. Rupture or bursting due to expansion, or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure, caused by or resulting from wa- payments we make for injury or damage arising ter; out of premises owned or occupied by or rented c. Explosion of steam boilers, steam pipes, or loaned to you; ongoing operations performed steam engines, or steam turbines. by you or on your behalf, done under a contract with that person or organization; "your work"; or 3. Part 6. of LIMITS OF INSURANCE (Section "your products". We waive this right where you 111) is deleted and replaced by the following: have agreed to do so as part of a written contract, Subject to 5. above, the Damage To Prem- executed by you prior to loss. ises Rented To You Limit is the most we will D. BLANKET ADDITIONAL INSURED — MANAG- pay under COVERAGE A. for damages be- ERS OR LESSORS OF PREMISES cause of"property damage" to any one prem- ises while rented to you, or temporarily occu- WHO IS AN INSURED (Section 11) is amended to pied by you with permission of the owner, include as an insured any person or organization caused by fire, explosion, lightning, smoke (referred to below as "additional insured") with resulting from such fire, explosion, or light- whom you have agreed in a written contract, exe- ning, or water. The Damage To Premises cuted prior to loss, to name as an additional in- Rented To You Limit will apply to all damage sured, but only with respect to liability arising out proximately caused by the same "occur- of the ownership, maintenance or use of that part rence", whether such damage results 'from of any premises leased to you, subject to the fol- fire, explosion, lightning, smoke resulting from lowing provisions. such fire, explosion, or lightning, or water, or 1. Limits of Insurance. The limits of insurance any combination of any of these. afforded to the additional insured shall be the The Damage To Premises Rented To You limits which you agreed to provide, or the lim- Limit will be the higher of: its shown on the Declarations, whichever is a. $300,000; or less. b. The amount shown on the Declarations 2. The insurance afforded to the additional in- for Damage To Premises Rented To You sured does not apply to: Limit. a. Any ,occurrence" that takes place after 4. Under DEFINITIONS (Section V), Paragraph you cease to be a tenant in that premises; a. of the definition of "insured contract" is b. Any premises for which coverage is ex- amended so that it does not include that por- cluded by endorsement; or tion of the contract for a lease of premises c. Structural alterations, new construction or that indemnifies any person or organization demolition operations performed by or on for damage to premises while rented to you, behalf of such additional insured. or temporarily occupied by you with perm€s- 3. The insurance afforded to the additional in- sion of the owner, caused by: sured is excess over any valid and collectible a. Fire; insurance available to such additional in- b. Explosion; sured, unless you have agreed in a written c. Lightning; contract for this insurance to apply on a pri- mary or contributory basis. d. Smoke resulting from such fire, explosion, E. BLANKET ADDITIONAL INSURED — LESSOR or lightning; or OF LEASED EQUIPMENT e. Water, WHO IS AN INSURED (Section 11) is amended to 5. This Provision B. does not apply if coverage include as an insured any person or organization for Damage To Premises Rented To You of (referred to below as "additional insured") with Page 2 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 11 03 COMMERCIAL GENERAL LIABILITY whorn you have agreed in a written contract, exe- for which no remuneration is demanded cuted prior to loss, to name as an additional in- or received. sured, but only with respect to their liability arising 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- out of the maintenance, operation or use by you SURED (Section 11) does not apply to any of equipment leased to you by such additional in- registered nurse, licensed practical nurse, sured; subject to the following provisions: emergency medical technician or paramedic 1. Limits of Insurance. The limits of insurance employed by you, but only while performing afforded to the additional insured shall be the the services described in paragraph 2. above limits which you agreed to provide, or the lim- and while acting within the scope of their em- its shown on the Declarations, whichever is ployment by you. Any"employees" rendering less. "Good Samaritan services" will be deemed to 2. The insurance afforded to the additional in- be acting within the scope of their employ- sured does not apply to: ment by you. a. Any "occurrence" that takes place after 4. The following exclusion is added to paragraph the equipment lease expires; or 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- b. "Bodily injury" or "property damage" aris- ITY (Section I—Coverages): ing out of the sole negligence of such ad- (This insurance does not apply to:) Liability ditional insured. arising out of the willful violation of a penal 3. The insurance afforded to the additional in- statute or ordinance relating to the sale of sured is excess over any valid and collectible pharmaceuticals by or with the knowledge or insurance available to such additional in- consent of the insured. sured, unless you have agreed in a written For the purposes of determining the applica- contract for this insurance to apply on a pri- ble limits of insurance, any act or omission, mary or contributory basis. together with all related acts or omissions in F. INCIDENTAL MEDICAL MALPRACTICE the furnishing of the services described in 1. The definition of "bodily injury" in DEFINI- paragraph 2. above to any one person, will be TIONS (Section V) is amended to include "in- considered one "occurrence". cidental Medical Malpractice Injury". 6. This Provision F. does not apply if you are in 2. The following definition is added to DEFINI- the business or occupation of providing any of TIONS (Section V): the services described in paragraph 2.above. "Incidental medical malpractice injury" means 7• The insurance provided by this Provision F. bodily injury, mental anguish, sickness or dis- shall be excess over any other valid and col- ease sustained by a person, including death lectible insurance available to the insured, resulting from any of these at any time, aris- whether primary, excess, contingent or on ing out of the rendering of, or failure to ren- any other basis, except for insurance pur- der, the following services: chased specifically by you to be excess of this policy. a. Medical, surgical, dental, laboratory, x-ray G. PERSONAL INJURY -- ASSUMED BY CON- instruction, nursing service or treatment; advice or TRACT instruction, or the related furnishing of food or beverages; 1. The Contractual Liability Exclusion in Part b. The furnishing or dispensing of drugs or 2•, Exclusions of COVERAGE B. PER- medical, dental, or surgical supplies or SONAL AND ADVERTISING INJURY LIABIL- appliances; or ITY (Section I -- Coverages) is deleted and c. First aid. replaced by the following:d. Good Samaritan services". As used in (This insurance does not apply to:) Contractual Liability this Provision F.. "Good Samaritan ser- vices" are those medical services ren- "Advertising injury" for which the insured has dered or provided in an emergency and assumed liability in a contract or agreement. This exclusion does not apply to liability for CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 5 COMMERCIAL GENERAL LIABILITY damages that the insured would have in the 3. Subparagraphs 2.a.(1)(a), (b) and (c) and absence of the contract of agreement. 3.a, of WHO IS AN INSURED (Section II) do 2. Subparagraph If. of the definition of "insured not apply to "bodily injury"for which insurance contract" (DEFINITIONS - Section V) is de- is provided by paragraph 1. or 2. above. leted and replaced by the following: J. AIRCRAFT CHARTERED WITH CREW U That part of any other contract or agree- 1. The following is added to the exceptions con- ment pertaining to your business (includ- tained in the Aircraft, Auto Or Watercraft ing an indemnification of a municipality in Exclusion in Part 2., Exclusions of COVER- connection with work performed for a AGE A. BODILY INJURY AND PROPERTY municipality)under which you assume the DAMAGE LIABILITY (Section I- Coverages): tort liability of another party to pay for (This exclusion does not apply to:) Aircraft "bodily injury," "property damage" or "per- chartered with crew to any insured. sonal injury" to a third party or organiza- tion. Tart liability means a liability that 2. This Provision J. does not apply if the char- would be imposed by law in the absence tered aircraft is owned by any insured. of any contract or agreement. 3. The insurance provided by this Provision J. 3. This Provision G. does not apply if COVER- shall be excess over any other valid and col- AGE B. PERSONAL AND ADVERTISING IN- lectible insurance available to the insured, JURY LIABILITY is excluded by endorse- whether primary, excess, contingent or on ment. any other basis, except for insurance pur- chased specifically by you to be excess of H. EXTENSION OF COVERAGE - BODILY IN- this policy. JURY K. NON-OWNED WATERCRAFT The definition of "bodily injury" (DEFINITIONS - 1. The exception contained in Subparagraph (2) Section V) is deleted and replaced by the fallow- of the Aircraft, Auto Or Watercraft Exclu- ing. cion in Part 2., Exclusions of COVERAGE A. "Bodily injury" means bodily injury, mental an- BODILY INJURY AND PROPERTY DAMAGE guish, mental injury, shack, fright, disability, hu- LIABILITY (Section I -- Coverages) is deleted miliation, sickness or disease sustained by a per- and replaced by the following: son, including death resulting from any of these at any time. (2) A watercraft you do not own that is: I. INJURY TO CO-EMPLOYEES AND CO- (a) Fifty feet long or less; and VOLUNTEER WORKERS (b) Not being used to carry persons or 1. Your "employees" are insureds with respect property for a charge; to "bodily injury" to a co-"employee" in the 2. This Provision K. applies to any person who, course of the co-"employee's" employment by with your expressed or implied consent, either you, or to your "volunteer workers" while per- uses or is responsible for the use of a water- forming duties related to the conduct of your craft. business, provided that this coverage for your 3. The insurance provided by this Provision K. employees does not apply to acts outside shall be excess over any other valid and col- the scope of their employment by you or while lectible insurance available to the insured, performing duties unrelated to the conduct of whether primary, excess, contingent or on your business. any other basis, except for insurance pur- 2. Your "volunteer workers" are insureds with chased specifically by you to be excess of respect to "bodily injury" to a co-"volunteer this policy. worker" while performing duties related to the L. INCREASED SUPPLEMENTARY PAYMENTS conduct of your business, or to your"employ- ees" in the course of the "employee's" em- Parts b. and d. of SUPPLEMENTARY PAY- ployment by you, provided that this coverage MENTS -- COVERAGES A AND B (Section I - for your "volunteer workers" does not apply Coverages) are amended as follows: while performing duties unrelated to the con- 1. In Part b. the amount we will pay for the cast duct of your business. of bail bonds is increased to$2500. Page 4 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 11 03 COMMERCIAL GENERAL LIABILITY 2. In Part d. the amount we will pay for loss of which you are required to notify us in writing earnings is increased to $500 a day. of the abrupt commencement of a discharge, M. KNOWLEDGE AND NOTICE OF OCCUR- release or escape of "pollutants" which RENCE OR OFFENSE causes "bodily injury" or "property damage" which may otherwise be covered under this 1. The following is added to COMMERCIAL policy. GENERAL LIABILITY CONDITIONS(Section N. UNINTENTIONAL OMISSION IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): The following is added to COMMERCIAL GEN- Notice of an "occurrence" or of an offense ERAL LIABILITY CONDITIONS (Section IV), which may result in a claim under this insur- paragraph 6. (Representations): ance shall be given as soon as practicable af- The unintentional omission of, or unintentional ter knowledge of the "occurrence" or offense error in, any information provided by you shall not has been reported to any insured listed under prejudice your rights under this insurance. How- Paragraph 1. of Section Ii — Who Is An In- ever, this Provision N. does not affect our right to sured or an "employee" (such as an insur- collect additional premium or to exercise our right ance, loss control or risk manager or adminis- of cancellation or nonrenewal in accordance with trator) designated by you to give such notice. applicable state insurance laws, codes or regula- Knowledge by other "ernployee(s)" of an "oc- tions. currence" or of an offense does not imply that 0. REASONABLE FORCE — BODILY INJURY OR you also have such knowledge. PROPERTY DAMAGE 2. Notice shall be deemed prompt if given in The Expected Or Intended Injury Exclusion in good faith as soon as practicable to your Part 2., Exclusions of COVERAGE A. BODILY workers' compensation insurer. This applies INJURY AND PROPERTY DAMAGE LIABILITY only if you subsequently give notice to us as (Section I — Coverages) is deleted and replaced soon as practicable after any insured listed by the following: under Paragraph 1. of Section it—Who Is An (This insurance does not apply to:) Insured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- Expected or Intended Injury or Damage trator) designated by you to give such notice "Bodily injury" or "property damage" expected or discovers that the "occurrence", offense or intended from the standpoint of the insured. This claim may involve this policy. exclusion does not apply to "bodily injury" or 3. However, this Provision M. does not apply as "property damage" resulting from the use of rea- respects the specific number of days within sonable force to protect persons or property. CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 5 of 5 i POLICY NUMBER: S80-O878N785-1Q-42 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY' PLEASE READ IT CAREFULLY' OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the foUowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PFKC>V!S|C)NS b. The "personal injury"or "advertising | jury^for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought ohsao out of an of- (Section |V), Paragraph 4. (Other |nsurance), is fenae o0rDmiUad emended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. primary contract uragreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract o/ written agreement that the iDoU[GDCe pro- surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part rDVs1 apply on a primary basis, or Insurance, as an additional subparagraph under e primary and non-contributory basis, this insur- Subparagraph /1\- onoo is primary to other insurance that is avail- That is available tnthe insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and vva policy, including any umbrella orexcess pO|icy. will not share with that other insurance, provided � that: a. The "bodily injury" or "property damage" for which coverage issought occurs; and C(3 DO 37 04 05 Copyright 2005 The EX. Paul Travelers Companies, Inc. All rights reserved. Page 1 Of 1 POLICY NUMBER: BA-578H3784-19-SEL COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL PROPERTY LIMITS K, AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE -- TRANSPORTATION EXPENSES— INCREASED LIMIT A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1., Who Is your business. An Insured, of SECTION II —COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV — BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age, the following are deemed to be cov- executed by you before the "bodily injury" or ered "autos" you own: "property damage" occurs and that is in effect 1 An covered "auto' during the policy period, to be named as an addi- you lease, hire, tional insured is an "insured" for Covered Autos rentt or borrow, and Liability Coverage, but only for damages to which (2) Any covered "auto" hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section Il. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured. of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 @ 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- (2) An adjustment for depreciation and physical ing a covered "auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total "loss". D. SUPPLEMENTARY PAYMENTS — INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality, we will not pay for the 1. The following replaces Paragraph A.2.a.(2) of amount of betterment. SECTION 11 — COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered "auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver; or these bonds. t. The following replaces Paragraph A.2.a.(4) of (b) Any "auto" that is hired, rented or bor- rowed from your"employee". SECTION 11 -- COVERED AUTOS LIABILITY COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES— INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph AA.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph CA. of SEC- We will pay up to $50 per day to a maximum of TION I—COVERED AUTOS: $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered "auto" of the private passenger type. pounds or less designed primarily for travel H, AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT— INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4.: Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III — PHYSICAL I. WAIVER OF DEDUCTIBLE— GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Mired Auto Physical Damage Coverage ble, of SECTION III: — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph AA., Cover- borrow subject to the following: age Extensions, of SECTION III — PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an "insured"; and stolen property as of the time of the (2) In or on your covered "auto". "loss"; or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered "auto". damaged or stolen property with other No deductibles apply to Personal Property cover- property of like kind and quality. age Page 2 of 3 rJ 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services office,Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the "loss": COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss" to one or lease for excessive use, abnormal wear more airbags in a covered "auto" you own that in- and tear or high mileage; flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but (c} Security deposits not returned by the !es- only: sor; a, If that "auto" is a covered "auto" for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health„ Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty; and lease; and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Transfer The following is added to Paragraph A.4., Cover- Of Rights Of Recovery Against Others To Us,of SECTION IV — BUSINESS AUTO CONDI- age Extensions,. of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Passenger Type Vehicles Others To Us In the event of a total "loss"to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Cov- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the "accident" or"loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that"auto"; organization designated in such contract. and CA T4 20 02 15 2015 The Travelers Indemnity Company. All rights reserved, Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc.with its permission. p 1, � 5AW WORKERS COMPENSATION f�9/ AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 03 76 ( A) - 001 POLICY NUMBER: UB-8J755288-19-42-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA (BLANKET NI RIVER) 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. The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR LOCKSMITHS WHICH THE INSURED HAS ,AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. 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 Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 11-16-18 ST ASSIGN: Page 1 of 1 1